The Conditions Of The Right To Heritage. Case

M.D., as plaintiff, asked the court, in contradiction with the defendants, T.M., T.N. and T.O. – daughters of the deceased, to rule for his son, T.D., on his quality as successor of the deceased T.I.’s heritage. De facto, T.I., domiciled in Ploiesti, deceased on 1 December 2011. He had three daughters (the oldest being convicted for having tried to murder the de cuius) and one grandchild from each of them. T.I. ordered by an authentic act of last will for the house where he lived, in the favor of his brother’s son (grandson from his brother), namely T.D. The latter had, when the succession was opened, according to the medical certificate submitted to the court by the plaintiff, six weeks of intrauterine life. T.D. was born alive, but shortly (after three hours from his birth) he died because was suffering of a malformation incompatible to life. This also results from the medical certificates submitted to the case file by the plaintiff. As a consequence, M.D shows that her son has the quality as successor for the deceased’s heritage. The daughters of the deceased defend themselves, showing that T.D. cannot inherit the house of de cuius because he died shortly after his birth. Even more, the daughters of T.I. show that T.D. is the result of the concubinage between their uncle and the plaintiff M.D. Therefore, not being resulted from a marriage, T.D. (recognized by his father), cannot inherit T.I.