A sample Claim for the removal of obstacles in the use of a land plot
Attention! The Law and Law Law Company draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact lawyer Kenesbek Islam by phone.; +7 (708) 971-78-58; +7 (727) 971-78-58.
To the Medeu District Court of Almaty
The plaintiff: _____________________ IIN __________________ city of Almaty, __________________
Plaintiff's representative: Law and Law Law Company LLP
BIN 190240029071 Almaty, 50 Zhibek Zholy ave., office 202,
Business center Quarter info@zakonpravo.kz / www.zakonpravo .kz + 7 727 978 5755; +7 700 978 5755
The defendant: ____________________________
IIN ____________________________ city of Almaty, ____________________________
the third person: ____________________________ city of Almaty, ____________________________
Statement of claim
on the removal of obstacles in the use of land
__ February 20__ of the year between ____________________________ ( Next – The plaintiff) and ____________________________, acting on behalf of ____________________________, a contract for the purchase and sale of private property for a land plot with an area of 0.053 hectares, cadastral number was concluded ____________________________, located at: Almaty region, Talgar district, Koktyubinsky agricultural district, horticultural association "____________________________", Plot No.________, which is registered in the notary's registry for № ____________________________ and it was registered in the RSE "Center for Real Estate in the Almaty region" on March __, 20__.In accordance with Part 2 of Article 238 of the Civil Code of the Republic of Kazakhstan (hereinafter – If an agreement on the alienation of property is subject to state registration or notarization, the acquirer's ownership right arises from the moment of registration or notarization, and if necessary, both notarization and state registration of the agreement from the moment of its registration._ On __ February 20__, the Talgar District Department of Land Relations, on the basis of a purchase and sale agreement dated __ February 20__, issued an act on the right of private ownership for №____________________________ for a plot of land with a total area of 0.053 ha, cadastral number ____________________________, located at: Almaty, Talgar district, Koktyubinsky district, horticultural association "____________________________", plot number __.
In accordance with Part 1 of Article 188 of the Civil Code of the Republic of Kazakhstan, the right of ownership is the right of a subject, recognized and protected by legislative acts, to own, use and dispose of his property at his discretion. According to Part 2 of the same article, the owner owns the rights to own, use and dispose of his property.It should be noted that at the time of purchase, no one disputed this land plot, the purchase and sale agreement dated __ February 20__ was duly executed, there is no information about a violation of the procedure at its conclusion, and the Plaintiff, being a bona fide buyer, I paid the entire amount for it under the purchase and sale agreement dated February __, 20__.According to Part 3 of Article 188 of the Civil Code of the Republic of Kazakhstan, the owner has the right, at his discretion, to perform any actions with respect to his property, including alienating this property to other persons, transferring to them, while remaining the owner, his powers to own, use and dispose of property, pledge property and encumber it in other ways, dispose of it in a different way.__ May 20__ of the year between JSC "____________________________" ( Next – Bank) and ____________________________ A bank loan agreement was signed №____________________________ (hereinafter referred to as the Agreement). According to clause 2.3 of the Loan Agreement, in order to ensure the fulfillment of its obligations, the Borrower provided a land plot located at the following address: Almaty region, Talgar district, Koktyubinsky rural settlement, horticultural association "____________________________", plot __.
There is a report on the valuation of real estate no.N-_____ dated __ May 20__, prepared by LLP "____________________________", where is the cost of the land plot it amounted to 150,000 dollars or 18,276,480 tenge. As a result of improper execution ____________________________ having assumed obligations under the Agreement, the Bank appealed to the court. By the decision of the Medeu District Court Almaty, dated July __, 20__, the amount of debt in the amount of 9,146,42 tenge and the state duty in the amount of 274,392 tenge were collected from the borrower in favor of the bank.__ November 20__ by a private bailiff ____________________________ A decision has been issued to institute enforcement proceedings against the Plaintiff. Subsequently, the arrested Plaintiff's property was sold by the bailiff through bidding. According to the purchase and sale agreement dated __ March 20__, concluded between the private bailiff of the executive district of the Almaty region ____________________________, acting on the basis of state license no. _____ dated __ August 20__ and Order of the Chairman of the Committee for the Enforcement of Judicial Acts of the Ministry of Justice of the Republic of Kazakhstan No.____ dated __ October 20__, and the buyer ____________________________, the last seized property of the debtor was acquired ____________________________ in the form of a land plot (cadastral number ____________________________), with an area of 0.0530 hectares at the address: Almaty region, Talgar district, Koktyubinsky rural district, horticultural association "____________________________", plot number __.In January 20__ of the year ____________________________ I filed a lawsuit against ____________________________ on tying up obstacles to the use of a land plot, demolition of unauthorized buildings, fences, fences on a land plot located at the address: Almaty, Medeu district, horticultural association "____________________________", plot __, cadastral number ____________________________, collection of the state duty in the amount of 1982 tenge, removing an obstacle in the use of a land plot, because ____________________________. he erected a fence on his land, installed a gate and a gate, thereby depriving ____________________________ access to your land plot.After that ____________________________ filed a counterclaim to ____________________________, ____________________________, ____________________________, ____________________________, To the Almaty city branch of the RSE "____________________________", Department of Justice of Almaty, private bailiff of the executive district of Almaty ____________________________, joint stock company "____________________________" on the invalidation of the Act on the right of private ownership of a land plot issued by the Talgar District Committee for Land Management dated __ September 20__ for №____________________________, an entry on the issuance of this act has been made in the Book of records of acts on ownership of the land plot, the right of land use for No. _________, in the name of ____________________________ and its registration, purchase and sale agreement dated __ February 20__ between ____________________________, acting on behalf of ____________________________, and ____________________________ private ownership of a 0.053 ha land plot located at:
Almaty region, Talgar district, horticultural association "____________________________", plot No. 89 and its registration, the Act on the right of private ownership of the land plot issued by the Talgar district land Department relationship dated __ February 20__ in the name of ____________________________ and its registration, Mortgage Agreement № ____________________________ dated __ May 20__ between JSC "____________________________" and ____________________________ and its registration, Purchase and sale agreement dated __ March 20__ between a private bailiff of the executive district of the Almaty region ____________________________, acting on the basis of state license no. ____ from _ on __ August 20__ and the Order of the Chairman of the Committee for the Execution of Judicial Acts of the Ministry of Justice of the Republic of Kazakhstan No._____ dated __ October 20__, hereinafter referred to as "____________________________", and the buyer ____________________________ seized debtor's property ____________________________ in the form of a land plot (cadastral number ____________________________), with an area of 0.0530 ha at: Almaty region, Talgar district, Koktyubinsky rural district, horticultural association "____________________________", plot no.______, bidding conducted by a private bailiff ____________________________, An act on the right of private ownership of a land plot issued by the Almaty city branch of the RSE "____________________________" for №____________ dated __ September 20__ in the name of ____________________________, on the elimination of the violation of ownership of land no._____ in the horticultural association "____________________________", Medeu district of Almaty, by canceling the registration under the act on the right of private property №____________________________ dated __ September 20__, invalidating and revoking the registered property right of the defendants ____________________________ and ____________________________ to land plot no._____ in the village "____________________________", Medeu district, Almaty, on cancellation of registration of the purchase agreement with the Department of Justice of Almaty- sales dated __ March 20__ between a private bailiff of the executive district of the Almaty region ____________________________ and ____________________________, an act on the right of private ownership of a land plot in the name of ____________________________ from ___ September 20__ of the year.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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