Acquisition limitation period | Property ownership rights
The Zhitikarinsky district Court of the Kostanay region, consisting of: the presiding judge, A.H. Zhurunova, with the secretary of the court session, I.B. Kulbatyrova, considered in open court via mobile videoconference a civil case on the claim of S.L.V. to U.S.T., I.A.S., U.A.S., U.R.S., on recognition of ownership of immovable property. The plaintiff S.L.V. appealed to the court with a claim to the defendants for recognition of ownership of immovable property on the grounds of the statute of limitations. The claims are motivated by the fact that the ownership of the apartment at the address: Kostanay region, Zhitikarinsky district, city of Zhitikara: .. The microdistrict, house .., apartment 9 are registered with the defendants. Since 1994, the actual ownership of the above-mentioned property has been carried out by citizen S.S.M., whose daughter is the plaintiff. Since 1994, the plaintiff began to live in this apartment with her family, her mother S.S.M., her father S.V.N., and her sister S.E.V., on the basis of warrant No. 1784 dated September 01, 1994, issued by the executive committee of the Dzhetygara City Council of People's Deputies. Thus, in fact, since 1994, she has been using, owning and managing the apartment as her own, bearing the burden of maintaining the home. During the entire period of ownership of real estate, no claims were filed from the owners or other persons, no one claimed ownership of the property, and no disputes arose regarding the ownership and use of real estate.
Requests the court to recognize the ownership of immovable property on the grounds of the statute of limitations. The plaintiff, S.L.V., supported the claims in full at the hearing, explaining to the court that her mother, S.S.V., worked at the GU of the Criminal Code 161/3. On September 01, 1994, the executive committee of the Dzhetygara City Council of People's Deputies issued an order to occupy office space-a three-room apartment at the address: the city of Zhitikara: .. microdistrict, building 25, apartment 9, the ownership of which is registered with the defendants. Since 1994, she has been living in this apartment with her parents. There were no claims from the owners during the entire period of ownership of the apartment, and no one claimed ownership of the property. On December 28, 2019, her mother died, and she continues to bear the burden of maintaining the apartment. Requests to recognize the right of ownership by virtue of the statute of limitations for real estate at the address: Kostanay region, Zhitikarinsky district, city of Zhitikara: .. microdistrict, building 25, apartment .. The defendants are U.S.T., I.(U.) A.S., U.A.S., U.R.S. at the hearing, the claim was recognized, they did not object to the satisfaction of the claims. The representative of the third party of the Russian State Institution "Institution of Criminal Code 161/3" A.S.Zh. did not appear at the court hearing, did not object to the satisfaction of the plaintiff's claims in the statement submitted to the court, the apartment is located at: Zhitikarinsky district, the city of Zhitikara: .. The microdistrict, building 25, apartment 9 is not on the balance of the institution, it asks to consider the case without their participation. The representative of the third person akim of the Zhitikarinsky district R.Zh.M. in the submitted statement, she did not object to the satisfaction of the claims, she asks to consider the case without their participation. By virtue of Article 196 of Part 6 of the Civil Procedure Code of the Republic of Kazakhstan (hereinafter CPC), the court considers it possible to consider this case in the absence of representatives of third parties. Having examined the written materials of the case and listened to the parties, the court comes to the following conclusion. In accordance with Article 240 of the Civil Code of the Republic of Kazakhstan (hereinafter referred to as the Civil Code of the Republic of Kazakhstan), a citizen or a legal entity who is not the owner of property, but in good faith, openly and continuously owns real estate as their own for 7 years, or other property for at least five years, acquires ownership of this property (statute of limitations). According to the response of the department of the Zhitikarinsky district for registration and land cadastre of the branch of the NAO "State Corporation "Government for Citizens" in Kostanay region dated June 01, 2020 No. 03-10-79-24/164 for real estate located at the address: the city of Zhitikara.. microdistrict, building 25, apartment 9, the right of common shared ownership is registered for U.A.S., U.R.S., U.S.M., U.S.T., U.A.S. on the basis of the privatization agreement No. 10834 dated December 29, 1993. According to the Police Department for the city of Zhitikar and the Zhitikarinsky district of U.S.M., he was removed from the registration register on June 20, 2018 due to death. By the decision of the executive Committee of the Dzhetygara City Council of People's Deputies, S.S.M. issued warrant No. 1784 dated September 01, 1994 for occupying office space with family members: S.V.N., born in 1957, S.L.V., born in 1979, S.E.V., born in 1981. According to the birth certificate, the plaintiff is the daughter of the deceased S.S.M. on December 28, 2019. In accordance with the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated April 20, 2006 No. 3 "On the practice of judicial review of disputes on the right to housing abandoned by the owner", in accordance with paragraph 3 of Article 240 of the Civil Code, a citizen or a legal entity that refers to the limitation period of ownership may attach to its possession all the time during who was owned by the person whose legal successor he is. The plaintiff has been permanently residing in this apartment for more than 7 years. During his stay, there was no dispute over real estate with anyone, no one claimed it, no claims were made. S.L.V. bears the burden of maintenance, pays for utilities, openly in good faith and continuously owns the property as his own. In addition, in accordance with parts 1,2 of Article 171 of the CPC, the defendant has the right to recognize the claim in whole or in part before the court is removed to the conference room by submitting a written application. The recognition of the claim by the defendant relieves the court of the obligation to examine the evidence. At the same time, in accordance with part 7 of Article 172 of the CPC, if the court accepts the recognition of the claim, the judge decides to satisfy the claim. The recognition of the claim by the defendants does not contradict the law, does not violate anyone's rights, freedoms and legitimate interests, and therefore was accepted by the court. In such circumstances, the court considers the claim to be satisfied. The plaintiff does not insist on reimbursement of court costs incurred in connection with the appeal to the court. Guided by Articles 171, 223-226 of the CPC, the court DECIDED: The claim of S.L.V. to U.S.T., I.A.S., U.A.S., U.R.S. on the recognition of the right of ownership by virtue of the statute of limitations - to satisfy. To recognize for S.L.V. the ownership of the apartment located at the address: Zhitikarinsky district, the city of Zhitikara .. microdistrict, building 25, apartment 9, registered for U.S.T., I.(U.) A.S., U.A.S., U.R.S.
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