Prague - He may no longer be in this world but his fight for confiscated family property goes on.

The family of František Oldřich Kinský who died last week aged 73 would like to have him buried in the family tomb in the Czech Republic but the state refuses to hand over the tomb keys to them.

"The Office for the Government Representation in Property Affairs declined to give us the keys, saying "maybe we will," family friend Girolamo Giormani told Aktuálně.cz.

"They also said they would like to be present during the burial ceremony. But late Count Kinský would not agree with that," he added.

The Office for the Government Representation in Property Affairs (OGRPA) says that they must have an application filed with a family member.

"Mr. Giormani is a man in the street so to speak, even though he is a close friend of the family," Ivan Mertlík of the Kladno OGRPA branch said. "We need to have an official request from the family."

No time to waste

But even if the OGRPA receives the official application, it is not certain that the remains of late Count Kinský would be buried in the family tomb.

"We will have to consult our superiors to make sure there is no law violation," said Mertlík.

There is no time for further consultations, Giormani says, stressing the need to act quickly.

"We are forced to cremate František Oldřich Kinský in Argentina because the [Czech] state is taking its time," said Giormani.

"The Kinský family lived past the battle of White Mountain [an early battle in the Thirty Years' War in 1620], so they will withstand even these unfavorable times. František Odlřich will undoubtedly be buried in the family tomb," Giormani said.

157 lawsutis against CR

The Kinský tomb in Budenice in the Slánsko region is state-owned. It was decided by Kladno regional court a few years ago. Nobleman Kinský did not appeal against the verdict at that time.

Kinský filed 157 lawsuits against the Czech Republic claiming property worth CZK 40 billion (USD 2 billion). But most of Kinský's restitution claims have been so far rejected.

Among the restitution claims is the Kinský Palace in Prague Old Town, Rynartice holiday resort in the Děčín region or 35 hectares of forests in the Rakovník region.

Kinský family property was confiscated after the world war two on the grounds of the so called Beneš Decrees.

Kinský's father was accused of collaboration with the Nazis. But the nobleman's attorney Jaroslav Čapek who specializes in restitutions says that the property was owned by underage František Oldřich who could not collaborate with the Nazis at that time.

In 2004 Czech police asked a Prague court for permission to intercept phone calls of Čapek.   The police believed that Čapek committed frauds while representing F.O. Kinský. But in 2007 the Constitutional Court ruled that the tapping was illegal.