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Exit/Resignation of Inheritance

12/10/2018 - 09:14:08 am

The required documents for petitions regarding the Exit of Inheritance Act (TAKHARUJ – Deed of assignment and transfer of rights)

 


1) Printed application of the applicant (petitioner) includes all the information about: the Distribution of Inheritance (determination of heirs) of the deceased, the legal in succession heirs, the heirs who wish to exit the inheritance (assignor/s), and the heirs in favor of whom the inheritance will be exited (assignee/s). The application/petition must include contact information and address of the applicant (petitioner) in case of any needed further clarifications, and contact address of the heirs wishing to exit the inheritance.

 

 

2) In the event that the applicant was not genuine, a power of attorney at law or a certified truly original image replica duly certified, must be submitted. The ratification of the aforementioned document should not exceed three months to the date it was issued when submitted. In which it must be clearly stated that the above-mentioned certificate empowers, entitles, and authorizes the petitioner and/or applicant in the act of exiting the Inheritance (TAKHARUJ – deed of assignment and transfer of rights).

 

 

3) The exit of Inheritance act (TAKHARUJ – deed of assignment and transfer of rights) must take place and be held before the Judge of the Ecclesiastical Court of the Orthodox Patriarchate of Jerusalem either in person or by a power of attorney at law. 

 

 

4) The exit of Inheritance act petition/application (TAKHARUJ – deed of assignment and transfer rights) is accepted ONLY as following: a) the exit of Inheritance act petition “deed of assignment and transfer rights (TAHKARUJ)” must be clear and without any ambiguity, stating clearly “ the shares and/or the properties and/or the holdings and/or the possessions and/or the estates and/or money and/or funds and/or assets etc.” that are to be assigned/renounced, b) Both names of the contracting parties the assignor and the assignee should be stated clearly, c) The name of the testator - to which the assignor is to assign his inheritance - must be clearly stated. d) The agreed - by the contracting parties “assignor and assignee” - sum* must be clearly stated. e) Signatures of both parties and the date it took place.

(The agreed sum: refers to the corresponding recompense which is the amount of money payed in exchange of the exit of inheritance act)

 

 

5) The Exit of Inheritance Acts TAKHARUJ - deed of assignment and transfer of rights) that are requested to be proceeded from abroad, are EXCLUSIVELY accepted by a special and/or general power of attorney at law as following:

a) Before Notary Public in addition to APOSTILLE ratification.

b) Before the Palestinian Embassy along with the ratification of the Palestinian Ministry of Justice and the Palestinian Ministry of Foreign Affairs.

c) By a power of attorney in case the assignee was abroad to accept the assignment deed in his favor before the Ecclesiastical Court of the Orthodox Patriarchate of Jerusalem. 

* APOSTILLE: the ratification of the State Secretary seal that certifies the signature and the seal of the Notary Public.

 

 

6) A valid Image replica (photocopy) of ID’s and/or passports of heirs desiring to exit the inheritance.

 

 

7) Duly certified Image replica (photocopy) of the Distribution of Inheritance certificate by which the exit of inheritance act (TAKHARUJ - deed of assignment and transfer of rights) will come about.

 

 

8) In event that one of the heirs who wishes to exit the inheritance is either 75 years of age or above, a proper medical report should should be submitted to the Court, explaining his/her mental and phsycological condintion to prove that he/she is legally eligible to carry on with exit of inheritance act.

 


9) Payment of the requested fees petition according to the fees list issued by the Court.

 

 

**An assignment deed (TAHKARUJ –exit of inheritance act) may not be carried and/or executed before the expiry of three months from the day the testator has passed away.


***NOTE: all the above mentioned documents should be submitted to the Court. Any petition that does not meet the requirements/conditions will be rejected, as the Court may request other documents if and when deemed necessary.