Transcript and translation

English translation

Exclusion of Milivoj Miletić from O.196/79 — Pervaz appeal, adoption secrecy and court legalization of contaminated material

Appeal against the inheritance ruling in case O-196/79

Document type: Appeal
Court addressed: Municipal Court in Novi Sad
Case reference: O-196/79
Date of challenged ruling: 23 November 1979
Page: 1

Kopljan Rože of Novi Sad, 25 Zadružna Street,
Beker Irene of Novi Sad, 3 Trg Majke Jevrosime, and
the minor Ištvan Lakatoš, represented by his mother and legal guardian Verona Lakatoš
of Novi Sad, 3 Trg Majke Jevrosime,
represented by:

Jovan Pervaz
Attorney-at-law
Novi Sad, 6 Matice Srpske Street
Tel. 42-589

Against the inheritance ruling no. O-196/79 of 23 November 1979.
In 2 copies.
Attachment: power of attorney.

Against that part of the inheritance ruling of this court dated 23 November 1979, no. O-196/79, by which the minor Milivoj Miletić was declared an heir of the late Pavle Lakatoš, formerly of Novi Sad, and by which one quarter of the estate was awarded to him, we hereby submit this appeal within the statutory time limit and request that the court forward it, together with the entire case file, to the Higher Court in Novi Sad as the appellate court, which we ask to set aside the challenged part of the ruling and return the matter to the court of first instance for renewed consideration and a new decision.

This appeal is submitted on the grounds of a substantial violation of the rules of non-contentious procedure, incorrectly and incompletely established facts, and incorrect application of substantive law.

Reasons

First of all, we point out that the minor Milivoj Miletić cannot inherit the property of the late Pavle Lakatoš, formerly of Novi Sad, given that the statutory preconditions under the Inheritance Law of SAP Vojvodina have not been fulfilled, because the said person does not belong to the circle of statutory or testamentary heirs.

From the extract from the birth register, ref. no. 2512/74, dated 9 December 1974, it was established that Milivoj Miletić, born 28 June 1974, had Cvita Miletić listed as his mother, while the section containing data on the father remained blank, as did the section concerning subsequent entries and annotations.

Continuation

It is therefore clear that, in the specific case at hand, this is not an adopted child, and accordingly the minor Milivoj Miletić cannot claim inheritance rights as an adopted child.

Apart from this, no other conditions exist for the minor Milivoj to have been declared an heir. Namely, before the SIZ of Social Welfare, acting as the guardianship authority, proceedings were conducted for the full adoption of the minor Milivoj Miletić by another family. In those proceedings, the prospective adoptive parents declared that they did not seek for the minor Milivoj to inherit from anyone, but rather that he was to be regarded, as provided in the case of full adoption, as their child. In those proceedings it was further established that the late Pavle Lakatoš, formerly of Novi Sad, was not the natural father of the minor Milivoj Miletić, but only that there had existed on his part an intention to adopt this child, which he never carried out.

Evidence: Files of the SIZ Social Welfare / guardianship authority in Novi Sad, which we request the court to obtain ex officio.

On the basis of everything stated above, we consider our appeal well-founded, and therefore request that the court rule as set out in the prayer for relief of this appeal.

Novi Sad, 12 December 1979

Kopljan Roža et al.


Appellate ruling in case Gž.11/80

Document type: Appellate court ruling
Court: Higher Court in Novi Sad
Case reference: Gž.11/80
Related first-instance case: O.196/79
Date of session: 9 January 1980
Page: 1

The Higher Court in Novi Sad, acting as a second-instance civil court, sitting in a panel composed of judges Vladimir Dutina as presiding judge, and Dragan Torin and Vladimir Turčen as panel members, in the probate matter of the late Pavle Lakatoš, formerly of Novi Sad, deciding upon the appeal of the heirs Roža Kopljan, Irene Beker, and the minor Ištvan Lakatoš, represented by his mother Verona Lakatoš, all represented by Jovan Pervaz, attorney from Novi Sad, against the ruling of the Municipal Court in Novi Sad no. O.196/79 of 23 November 1979, at a closed session of the panel held on 9 January 1980, rendered the following

Ruling

The appeal is upheld, and the ruling of the Municipal Court in Novi Sad no. O.196/79 of 23 November 1979 is set aside in the contested part in which it was determined that the minor Milivoj Miletić is an heir of the deceased and that his hereditary share amounts to 1/4 of the estate, and the case is remanded to the court of first instance for renewed consideration and decision.

Reasoning

By the designated ruling, the court of first instance established the scope of the decedent's estate and the circle of heirs, and awarded to Roža Kopljan, Irene Beker, the minor Ištvan Lakatoš, and the minor Milivoj Miletić 1/4 of the estate each.

By a timely appeal, the heirs Roža Kopljan, Irene Beker, and the minor Ištvan Lakatoš challenge the said ruling in the part in which the minor Milivoj Miletić was declared an heir of the decedent and awarded a share of the estate, and they propose that it be set aside. They point out that Milivoj does not fall within the circle of statutory heirs, because he is neither the child nor the adopted child of the decedent, which they seek to prove by an extract from the birth register, in which the section for the father was not filled in. Furthermore, they argue...

Continuation

...that the decedent had only intended to adopt him, and that his death did not prevent this, but that circumstance was not directly examined by the competent SIZ for Social Welfare.

The appeal is well-founded.

The basic precondition for statutory inheritance concerns the degree of kinship between the decedent and the heir. A person claiming a right to inherit, or to a portion of the estate, is in the first place obliged to prove that he or she is related to the decedent, that is, that he or she is entitled to inherit by law. In the present case, the decedent's heirs are his sister Roža Kopljan, Irena Beker, and the son, the minor Ištvan Lakatoš. According to the extract from the birth register and the acts referred to in the file, the decedent's statutory heir may also be his illegitimate son, the minor Milivoj Miletić, whom the decedent allegedly acknowledged as his child. As to these claims of counsel, the other heirs did not make a statement, nor did the court of first instance otherwise conclusively determine the degree of kinship between Milivoj and the decedent; instead, it left in doubt whether he was the child or the adopted child of the decedent and therefore whether he was a statutory heir and whether he could inherit or receive a hereditary share of the estate. This all the more so because the appeal asserts that the decedent was neither the acknowledged father of the minor Milivoj nor his adoptive parent.

In view of the foregoing, the court of second instance upheld the appeal and set aside the contested part of the ruling.

In the renewed proceedings, the court of first instance shall require the temporary guardian of the minor Milivoj Miletić to provide evidence regarding the degree of kinship, that is, the existence of paternity between the decedent and the minor. In that regard, evidence shall be obtained as to whether the decedent recognized Milivoj as his child before the registrar, in a public instrument, or in a will, or whether parenthood was established by a final court judgment, or otherwise in the manner prescribed by law. Thereafter, the court shall again assess whether Milivoj may inherit from the estate and shall render a new decision in the part that was set aside.

In Novi Sad, on 9 January 1980

Presiding judge of the panel
Vladimir Dutina


Archival certification of copy authenticity

Document type: Archival certification stamp / certification page
Institution: Historical Archives of the City of Novi Sad
Reference number: 030-18/128
Date: 27 February 2023
Page: certification page

The Historical Archives of the City of Novi Sad certifies under no. 030-18/128, dated 27 February 2023, that this transcript / photocopy of documents from fonds Opu – Op 1 A-S 79 is a faithful copy of the original.

Certified and attested by:
[signature]

Seal:
Republic of Serbia · Autonomous Province of Vojvodina · Historical Archives of the City of Novi Sad · Novi Sad
(also shown in Rusyn, Slovak, and Hungarian on the seal)


Decision appointing a temporary guardian in probate case O.196/79

Document type: Administrative decision
Institution: Self-Managing Interest Community of Social Protection, Novi Sad
Reference number: Up.03-251/79
Date: 25 December 1979
Related probate case: O.196/79
Page: 1

The Self-Managing Interest Community of Social Protection, Novi Sad, on the basis of Article 1 of the Decision entrusting guardianship authority tasks to the Self-Managing Interest Community of Social Protection Novi Sad ("Official Gazette of the Municipality of Novi Sad" no. 8/77), Article 202 of the Law on General Administrative Procedure ("Official Gazette of the SFRY" nos. 18/65 and 4/77), acting upon the request of the Municipal Court in Novi Sad no. O.196/79, hereby issues the following:

Decision

Zoran Janjević, graduate lawyer from Novi Sad, 6 Stevana Milovanova Street, is appointed temporary guardian of the minor Milivoj Miletić, for the purpose of representing his rights and interests in the probate proceedings before the Municipal Court in Novi Sad, case no. O.196/79.

The temporary guardian is obliged, after the completion of these proceedings, to inform this authority of their outcome.

Reasoning

The Municipal Court in Novi Sad addressed this authority with a request that a temporary guardian be appointed for the minor Milivoj Miletić in the probate proceedings concerning the late Pavle Lakatoš, pending before that court under no. O.196/79, for the protection of his rights and interests.

Upon considering this request, this authority found it justified and therefore decided as stated in the operative part, taking the view that Zoran Janjević, graduate lawyer from Novi Sad, would protect the interests of the minor Milivoj Miletić in the best and most professional manner in the probate proceedings before the Municipal Court in Novi Sad, case no. O.196/79.

An appeal against this decision may be lodged within 15 days from the date of receipt, through this Community, to the Provincial Secretariat for Health and Social Policy of SAPV.
The appeal is exempt from fees.

Distribution:

  1. Zoran Janjević, Novi Sad, 6 Stevana Milovanova Street
  2. Municipal Court Novi Sad, referring to case no. O.196/79
  3. Archive

By authorization of the secretary:
Head of the Department of Direct Social Protection
Dragutin Nikolić, senior officer

Archive stamp on left margin present.


Hearing adjournment order

Document type: Court order / hearing adjournment
Date of next hearing: 25 April 1980 at 13:00
Page: 2

As Miloš Lisica, attorney from Novi Sad, who represents the minor Milivoj Miletić, did not appear at today's hearing, the court hereby issues the following

Order

The hearing is adjourned.

A new hearing is scheduled for 25 April 1980 at 13:00, to which only the guardian Miloš Lisica, attorney from Novi Sad, shall be summoned.

Judge
[signature]

Court clerk
[signature]

Parties present / signatures:
Pervaz
Lakatoš Ver.
Kopljan Rože
Beker Iren.

Handwritten note: kp 18.10.80

Archive stamp of the Historical Archives of the City of Novi Sad present.


Minutes of probate hearing in case O.28/80

Document type: Court minutes
Court: Municipal Court in Novi Sad
Case reference: O.28/80
Date: 25 April 1980
Page: 1

Minutes

Drawn up before the Municipal Court in Novi Sad in the probate matter of the late Pavle Lakatoš, born in 1928, formerly of Novi Sad, who died on 7 November 1978 in Bački Vinogradi.

Present

On behalf of the court:
Judge — Rajka Sujić
Court clerk — Ljubica Fekete

On behalf of the parties:

  1. Miloš Lisica, attorney from Novi Sad, guardian of the minor Milivoj Miletić
  2. Zova Čuvardžić, trainee with attorney Jovan Pervaz, as representative of Roža Kopljan

Start: 13:00

Before the beginning, the guardian of the minor Milivoj Miletić states that he has no information whether the minor Milivoj Miletić is the illegitimate son of the decedent or not, and requests a period of 15 days within which he would obtain the information and submit it to the court, and therefore proposes that today's hearing be adjourned.

The court issues the following

Order

Today's hearing is adjourned.
A time limit is granted to the heir.
A new hearing is scheduled for 19 May 1980 at 8:30. The persons present are informed and summoned by this order, and separate summonses will not be sent to them.

Judge
[signature]

Court clerk
[signature]

Parties

  1. [signature]
  2. [signature]

Archive stamp of the Historical Archives of the City of Novi Sad present.


Minutes of probate hearing in case O.28/80 dated 19 May 1980

Document type: Court minutes
Court: Municipal Court in Novi Sad
Case reference: O.28/80
Date: 19 May 1980
Page: 1

Minutes

Drawn up before the Municipal Court in Novi Sad in the probate matter of the late Pavle Lakatoš, born in 1928, formerly of Novi Sad, who died in Bački Vinogradi on 7 November 1979, without a will.

Present

On behalf of the court:
Judge — Rajka Sujić
Court clerk — Ljubica Fekete

On behalf of the parties:

  1. Zora Čuvardić, attorney trainee with attorney Jovan Pervaz from Novi Sad
  2. Miloš Lisica, attorney from Novi Sad, as guardian of Milivoj Miletić

Start: 8:30

It is noted that the summoned parties appeared.

The attorney Miloš Lisica, as guardian of Milivoj Miletić, requests that the hearing again be adjourned, considering that within the allotted time he was unable to obtain the necessary information.

The court issues the following

Order

Today's hearing is adjourned.
A new hearing is scheduled for 30 May 1980 at 12:30, and those present are informed and summoned by this order; separate summonses will not be sent to them.

Completed at: 8:40

Judge
[signature]

Court clerk
[signature]

Party
Z. Čuvardić
[signature]

Archive stamp of the Historical Archives of the City of Novi Sad present.


Minutes of probate hearing in case O.28/80 dated 30 May 1980

Document type: Court minutes
Court: Municipal Court in Novi Sad
Case reference: O.28/80
Date: 30 May 1980
Page: 1

Minutes

Drawn up before the Municipal Court in Novi Sad in the probate matter of the late Pavle Lakatoš, born in 1928, formerly of Novi Sad, who died in Bački Vinogradi on 7 November 1979, without a will.

Present

On behalf of the court:
Judge — Rajka Sujić
Court clerk — Ljubica Fekete

On behalf of the parties:

  1. Jovan Pervaz, attorney from Novi Sad, representative of Vera Lakatoš, Roža Kopljan, and Irene Beker

Start: 12:30

It is noted that Miloš Lisica, attorney from Novi Sad, who is guardian of Milivoj Miletić, did not appear at the hearing. Service was duly effected, and he did not justify his absence.

Attorney Jovan Pervaz, representative of the heirs, proposes that the hearing be held in the absence of the representative of the minor Milivoj Miletić, attorney Miloš Lisica.

The court orders that the hearing be held.

The probate file is read.

Attorney Jovan Pervaz, representative of the heirs, proposes that the court officially request a report from the SIZ for Social Protection in Novi Sad on whether the minor Milivoj Miletić was the adopted child of the decedent, in order for the court to determine whether he belongs to the circle of heirs.

The court issues the following

Order

The motion is granted.
Today's hearing is adjourned.
A new hearing will be scheduled after the report has been obtained.

Judge
[signature]

Court clerk
[signature]

Party
[signature]

Archive stamp of the Historical Archives of the City of Novi Sad present.


Court request to the Social Protection Community for information on alleged adoption

Document type: Court request / official inquiry
Court: Municipal Court in Novi Sad
Case reference: O.28/80
Date: 30 May 1980
Addressee: Self-Managing Interest Community of Social Protection, Novi Sad
Page: 1

Before this court, probate proceedings are being conducted concerning the late Pavle Lakatoš, a farmer, born in 1928, whose last residence was 5 Trg Majke Jevrosime, Novi Sad, and who died on 7 November 1978 in Bački Vinogradi, without a will.

The heirs of the first inheritance order left behind by the deceased are Roža Kopljan, daughter; Irena Beker, daughter; and the minor Ištvan Lakatoš, son.

The minor Milivoj Miletić, born on 28 June 1974, has also been reported as an heir of the deceased, as the alleged adopted child of the deceased.

By your decision no. UP903-608 of 21 August 1979, attorney Miloš Lisica of Novi Sad was appointed temporary guardian for the minor Milivoj Miletić.

As the other heirs point out, the minor Milivoj Miletić cannot be an heir of the late Pavle Lakatoš, formerly of Novi Sad, since the basic preconditions under the Inheritance Law of SAP Vojvodina have not been fulfilled, because the said person does not fall within the circle of statutory or testamentary heirs.

You are requested to provide this court with information as to whether the minor Milivoj Miletić, born on 28 June 1974 in Novi Sad, of mother Cvita Miletić, was adopted by the late Pavle Lakatoš, so that the proceedings before this court may be concluded.

Urgent response requested.

Judge
[signature]
Rajka Sujić
ZTO

Archive stamp of the Historical Archives of the City of Novi Sad present.


Renewed court request to the Social Protection Community regarding alleged adoption

Document type: Court request / official inquiry
Court: Municipal Court in Novi Sad
Case reference: O.28/80
Date: 8 August 1980
Addressee: Self-Managing Interest Community of Social Protection, Novi Sad
Page: 1

Before this court, probate proceedings are being conducted concerning the late Pavle Lakatoš, a farmer, born in 1928, whose last residence was 5 Trg Majke Jevrosime, Novi Sad, and who died on 7 November 1978 in Bački Vinogradi, without a will.

The heirs of the first order of succession left behind by the deceased are Roža Kopljan, daughter; Irena Beker, daughter; and the minor Ištvan Lakatoš, son.

The minor Milivoj Miletić, born on 28 June 1974, has also been reported as an heir of the deceased, as the alleged adopted child of the deceased.

By your decision no. UP:03-608 of 21 August 1979, attorney Miloš Lisica of Novi Sad was appointed temporary guardian for the minor Milivoj Miletić.

As the other heirs point out, the minor Milivoj Miletić cannot be an heir of the late Pavle Lakatoš, formerly of Novi Sad, since the basic preconditions under the Inheritance Law of SAP Vojvodina have not been fulfilled, because the said person does not fall within the circle of statutory or testamentary heirs.

You are requested to provide this court with information as to whether the minor Milivoj Miletić, born on 28 June 1974 in Novi Sad, of mother Cvita Miletić, was adopted by the late Pavle Lakatoš, so that the proceedings before this court may be concluded.

Urgent response requested.

Judge
[signature]
Rajka Sujić, by hand
ZTO

Archive stamp of the Historical Archives of the City of Novi Sad present.


Minutes of probate hearing in case O.28/80 dated 10 November 1980

Document type: Court minutes
Court: Municipal Court in Novi Sad
Case reference: O.28/80
Date: 10 November 1980
Page: 1

Minutes

Drawn up before the Municipal Court in Novi Sad in the probate matter of the late Pavle Lakatoš, former farmer, born in 1928, with last residence in Novi Sad, who died on 7 November 1978, without a will.

Present

On behalf of the court:
Judge — Rajka Sujić
Court clerk — Ljubica Fekete

On behalf of the parties:

  1. Miloš Lisica, attorney from Novi Sad, as guardian of the minor Milivoj Miletić
  2. Zora Čuvardić, attorney trainee for attorney Jovan Pervaz

Start: 11:30

It is noted that those summoned to the hearing have appeared, and the court orders that the hearing be held.

The probate file is read.

It is noted that the SIZ for Social Protection, Novi Sad, has submitted the report requested by this court.

The report of the SIZ for Social Protection, Novi Sad, no. U.03-608/79 of 20 October 1980, is read, and those present are informed that the minor Milivoj Miletić was not adopted by the late Pavle Lakatoš.

The parties state that they have no further motions. The guardian, attorney Miloš Lisica, requests costs according to the bill of costs.

The court issues the following

Order

The hearing is concluded.
The court will render its decision in writing and deliver a copy to the parties.

Completed at: 11:45

Judge
[signature]

Court clerk
[signature]

Parties
Z. Čuvardić
[signature]

Archive stamp of the Historical Archives of the City of Novi Sad present.


Social Protection Community reply stating that Milivoj Miletić was not adopted by Pavle Lakatoš

Document type: Official reply / administrative communication
Institution: Self-Managing Interest Community of Social Protection, Novi Sad
Reference number: Up. 03-608/79
Date: 20 October 1980
Recipient: Municipal Court in Novi Sad
Related court case: O.28/80
Page: 1

Self-Managing Interest Community of Social Protection, Novi Sad
Ref. no. Up. 03-608/79
Date: 20 October 1980
Novi Sad

To: Municipal Court, Novi Sad

Reference: Your number O.28/80

With regard to your request under the above-indicated number, we inform you that the minor Milivoj Miletić, born on 28 June 1974 in Novi Sad, of mother Cvita Miletić, WAS NOT ADOPTED by the late Pavle Lakatoš.

Guardianship authority officer
[signature]
Anđa Gamber

Municipal Court Novi Sad receipt stamp present: received 24 October 1980.
Archive stamp of the Historical Archives of the City of Novi Sad present.


Inheritance ruling in case O.28/80 — page 1

Document type: Inheritance ruling
Court: Municipal Court in Novi Sad
Case reference: O.28/80
Date: 10 November 1980
Page: 1

The Municipal Court in Novi Sad, by Judge Rajka Sujić, in the probate matter of the late Pavle Lakatoš (son of Stevan), former farmer, after conducting the probate proceedings, issues the following

Inheritance ruling

I. Estate of the deceased

After the late Pavle Lakatoš (son of Stevan), former farmer, born in 1928, divorced, citizen of the SFRY, with last residence at 5 Trg Majke Jevrosime, Novi Sad, who died on 7 November 1978 in Bački Vinogradi, without a will, the following property remained:

  1. In full ownership, real property recorded in possession sheet no. 800, cadastral municipality Bački Vinogradi: parcel no. 2700, vineyard, Roža Majur, area 34 ares 44 m²; parcel no. 2701, vineyard, Roža Majur, area 63 ares 38 m²; parcel no. 2699/1, house, yard and vineyard, Roža Majur, area 8 ares 58 m².

  2. In full ownership, extra-land-register real property recorded in possession sheet no. 407, cadastral municipality Novi Sad IV: parcel no. 578/1, field, area 11 ares 42 m²; parcel no. 578/2, field, area 11 ares 60 m²; parcel no. 528, field, area 8 ares 91 m²; parcel no. 629, field, area 33 ares 94 m².

  3. Extra-land-register real property in a 1/2 share, recorded in possession sheet no. 3160, cadastral municipality Novi Sad I: parcel no. 6244, area 8 ares 24 m² — house, yard and field adjoining the house.

  4. In full ownership, extra-land-register real property in possession sheet no. 1951, cadastral municipality Futog: parcel no. 9184, lower-land field, area 24 ares 91 m²; parcel no. 9185, lower-land field, area 16 ares 83 m²; parcel no. 9186, lower-land field, area 18 ares 04 m².

  5. One Fiat 1100 van, registration no. NS 325-65.

  6. One motor cultivator (milling / fruit-cultivation machine).

Liabilities

The liabilities of the estate amount to 60,000.00 dinars, which amount the deceased owed to Julijana Vizmeg of Bački Vinogradi, 23 Vinogradska Street.

II. Heirs called to inherit by law

On the legal basis of statutory inheritance, the heirs of the first order called to inherit from the deceased are:

  1. Roža KOPLJAN (daughter of Pavle), née Lakatoš, daughter,
    Novi Sad, Slana Bara, Zadružna no. 25

  2. Irena BEKER (daughter of Pavle), née Lakatoš, daughter,
    Novi Sad, 3 Trg Majke Jevrosime

  3. Minor Ištvan LAKATOŠ (son of Pavle), son,
    represented by Verona Lakatoš of Novi Sad, 3 Trg Majke Jevrosime,
    and those heirs are represented by attorney Jovan Pervaz of Novi Sad.

Continued on next page.

III. Heirs declared to inherit and transfer of title

With respect to the estate described under item I, on the legal basis of statutory inheritance, the following are declared heirs:

  1. Roža KOPLJAN (daughter of Pavle), née Lakatoš — 1/3 share
  2. Irena BEKER (daughter of Pavle), née Lakatoš — 1/3 share
  3. Minor Ištvan LAKATOŠ (son of Pavle) — 1/3 share

IV. Transfer of ownership

The land registry department of the Municipal Court in Novi Sad and the Municipal Court in Subotica are instructed, upon the finality of this ruling, to transfer ownership rights from the name of the decedent to the declared heirs.

Reasoning

On the basis of the death certificate of the Municipality of Novi Sad dated 18 December 1978, probate proceedings were initiated concerning the late Pavle Lakatoš, formerly of Novi Sad.

The estate left by the deceased consists of the assets and liabilities described under item I of this ruling.

In this probate matter, an inheritance ruling no. O.196/79 dated 23 November 1979 had already been issued. Under that ruling, in addition to the heirs listed under item II of this ruling, the minor Milivoj Miletić had also been declared an heir, whose temporary guardian was attorney Miloš Lisica of Novi Sad. The minor Milivoj Miletić had been reported as the illegitimate son of the decedent.

Against that ruling, the heirs Roža Kopljan, Irena Beker, and the minor Ištvan Lakatoš, through their representative attorney Jovan Pervaz of Novi Sad, filed an appeal. By the ruling of the Higher Court in Novi Sad, case no. Gž.11/80, dated 9 January 1980, the inheritance ruling of this court no. O.196/79 dated 23 November 1979 was set aside in the contested part in which it had been determined that the minor Milivoj Miletić was also an heir of the decedent.

In the repeated proceedings, it was established that the minor Milivoj Miletić is not the son of the decedent, nor had he been adopted by him, according to the report of the SIZ for Social Protection, Novi Sad, no. Up.03-608/79 dated 20 October 1980.

The daughters of the decedent, Roža Kopljan and Irena Beker, as well as the representative of the minor Ištvan Lakatoš, Verona Lakatoš, accepted the inheritance on the basis of law. With respect to the liabilities, the heirs recognized them in full in favor of Julijana Vizmeg.

On the basis of the foregoing, the court decided as stated in the operative part of the ruling.

The inheritance tax will be determined subsequently.

Instruction on legal remedy

A dissatisfied party has the right to appeal this ruling to the Higher Court in Novi Sad within 15 days from the date of receipt, through this court.

Judge
[signature]
Rajka Sujić, signed by hand
ZTO


Archival certification of copy authenticity — court fonds

Document type: Archival certification stamp / certification page
Institution: Historical Archives of the City of Novi Sad
Reference number: 030-18/128
Date: 27 February 2023
Page: certification page

The Historical Archives of the City of Novi Sad certifies under no. 030-18/128, dated 27 February 2023, that this transcript / photocopy of documents from fonds Municipal Court Novi Sad is a faithful copy of the original.

Certified and attested by:
[signature]

Seal:
Republic of Serbia · Autonomous Province of Vojvodina · Historical Archives of the City of Novi Sad · Novi Sad
(also shown in Rusyn, Slovak, and Hungarian on the seal)

Comments on source passages (21)

Pavle / Pal Lakatoš — paternal inheritance line

Pavle / Pal Lakatoš is not only a name in the estate file. This document is the battlefield over whether his acknowledged child Milivoj remains inside the paternal inheritance line or is removed through the adoption route and a narrow SIZ answer.

Appeal / Gž.11/80 / O.28/80

Open timeline event

Attack on recognized heirship

12 Dec 1979 / Jovan Pervaz / attacks the part of O.196/79 by which Milivoj had been declared heir and awarded 1/4 / direct attack on an already opened and recognized inheritance trace.

Appeal, 12 Dec 1979

Open timeline event

Cvita Miletić — mother named while father field is weaponized

The appeal uses the birth extract showing Cvita Miletić as mother and a blank father field. That registry blank is then pushed against the court, Helena Uzelac, and probate trace that had already put Milivoj into Pavle / Pal Lakatoš’s inheritance field.

Appeal, 12 Dec 1979

Open timeline event

Registry blank used against paternity trace

12 Dec 1979 / Jovan Pervaz / uses the birth extract with a blank father field / the court-confirmed paternal trace from P-1642/76 and Helena’s O.196/79 lead are pushed aside by a registry blank.

Appeal, 12 Dec 1979

Open timeline event

Void adoption record imported into probate

The full-adoption route is imported into the probate dispute to attack Milivoj’s already recognized inheritance position. The critical issue is not a neutral “Vasić identity route”; it is the use of a contested/void adoption record against the still-active original Milivoj Miletić probate identity.

Appeal, 12 Dec 1979

Open timeline event

Pervaz imports confidential adoption material into probate

12 Dec 1979 / Jovan Pervaz / the appeal introduces data from the full-adoption route and alleged statements of prospective adopters / a private attorney for the heirs uses material from a closed adoption procedure against the child's already recognized inheritance position. This creates grounds for examining unlawful access to official secrecy, disciplinary proceedings before the bar association, and procedural exclusion or rejection of the contaminated appellate line.

Appeal, 12 Dec 1979

Open related document

Open timeline event

Adopters' alleged waiver used against the child

12 Dec 1979 / Jovan Pervaz / the appeal cites alleged statements that the prospective adopters did not seek for Milivoj to inherit from anyone / statements by third persons with no inheritance-law standing are used against a child already placed inside the inheritance frame of Pavle / Pál Lakatoš. The court does not separate that statement as contaminated and legally unauthorized; it receives it as part of the appellate material.

Appeal, 12 Dec 1979

Open related document

Open timeline event

Original identity versus contested adoption record

The overlooked core: in probate the same child remains Milivoj Miletić, possible son/heir of Pavle / Pál Lakatoš; the adoption route produced the contested Vasić civil-record line through the 21.06.1979 full-adoption act. Pervaz's appeal uses that contested adoption record against the child's original inheritance identity, while the court treats the contaminated route as lawful appellate material.

Appeal, 12 Dec 1979

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Roža Kopljan — appellant against Milivoj’s 1/4

Roža Kopljan appears here not as the earlier family witness/care node, but as part of the appellate attack on the portion of O.196/79 that recognized Milivoj as Pavle / Pal Lakatoš’s heir.

Appeal, 12 Dec 1979

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O.196/79 — recognized heirship under attack

O.196/79 is the probate case in which Milivoj had already been placed inside Pavle / Pal Lakatoš’s inheritance circle. This packet records the procedural reversal that attacks and then removes that position.

Full packet

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Later denial contradicts the living father’s court record

The appellate reasoning reports the appeal’s assertion that Pál was neither Milivoj’s acknowledged father nor his adoptive parent. P-1642/76 preserves Pál’s own statement that he fathered a son, the witnesses’ accounts, and the judgment’s established relationship with Miletić Cvita and their child. That earlier court record is contrary material to the later denial. The court states this in the established factual findings of the judgment’s reasoning.

Appeal, 12 Dec 1979

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Broader comment

Milivoj Miletić is the same child who had already been declared heir for 1/4 in O.196/79. This file does not start with absence; it starts with an existing inheritance position under attack.

Public-instrument proof order and the earlier paternal court record

The order of 9 January 1980 expressly requires evidence of acknowledgment in a public instrument, before the registrar or in a will, or of parenthood established by a final court judgment. The earlier P-1642/76 court record contains Pavle's own statement, “I fathered a son with her” (English transcript, line 559), followed by the court's factual finding that he lived with Miletić Cvita, with whom he fathered a child cared for by Kopljan Roža (line 629). These are a personal acknowledgment recorded in a court public instrument and a court-accepted factual record, directly relevant to the proof route ordered in 1980. The claim that Pavle did not acknowledge the child cannot be read while disregarding those judicial records. This comparison links the recorded personal statement and factual findings; it does not relabel the divorce judgment's operative part as a separate paternity judgment.

Gž.11/80, 9 Jan 1980

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Broader comment

9 Jan 1980 / Higher Court Novi Sad / sets aside only the contested part and orders proof of kinship and paternity / the appellate court does not conclude that Milivoj is not Pavle’s son.

Hungarian / paternal-language trace

The broader probate and archive layer preserves the Hungarian/Lakatoš line around Pavle / Pal. The attack on Milivoj’s inheritance position must be read together with the later cut from the paternal identity and language line.

Archive / probate context

Open timeline event

Lisica fails the paternity lead

Miloš Lisica tells the court he has no data on whether Milivoj is the decedent’s illegitimate son. By this point the file already contained Helena Uzelac’s lead and the broader P-1642/76 paternal line; the guardian does not turn those leads into protection.

Hearing, 25 Apr 1980

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Second failed deadline by guardian

19 May 1980 / Miloš Lisica / again says he could not obtain the necessary data / second missed deadline for protecting the child’s paternity and inheritance trace.

Hearing, 19 May 1980

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Guardian absent when the narrowing move begins

30 May 1980 / Miloš Lisica / does not appear; Pervaz proposes the hearing be held without him / the child’s procedural protection breaks exactly when the inquiry is narrowed toward adoption.

Hearing, 30 May 1980

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Pervaz narrows paternity to adoption

30 May 1980 / Jovan Pervaz / proposes that the court ask SIZ whether Milivoj was Pavle’s adopted child / the issue is narrowed from paternity and acknowledgment to adoption.

Hearing, 30 May 1980

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Court request asks only about adoption

30 May / 8 Aug 1980 / Rajka Sujić / the court asks SIZ only whether Milivoj was adopted by Pavle / the Higher Court’s instruction to examine paternity is converted into a narrow administrative inquiry.

Court requests, 30 May and 8 Aug 1980

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SIZ narrow answer: adoption only

The SIZ answer says only that Milivoj was not adopted by Pavle / Pal Lakatoš. It does not say that Milivoj was not his son, and it does not resolve the acknowledgment/paternity trail ordered for examination by the Higher Court.

SIZ reply, 20 Oct 1980

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No paternity motion after SIZ narrowing

10 Nov 1980 / Rajka Sujić + Miloš Lisica / the SIZ answer is read, there are no further motions, and Lisica requests costs / the child’s guardian does not return the case to the paternity lead.

Hearing, 10 Nov 1980

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Final conclusion leap

The final ruling converts a narrow non-adoption report into the broader conclusion that Milivoj is not the son and was not adopted. The report answers adoption; the ruling uses it to close paternity and inheritance.

Final ruling, 10 Nov 1980

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