Establishing the fact that title documents belong to a person whose first name, patronymic or surname, indicated in the document, does not match the first name, patronymic or surname of this person according to the passport or identity card, or birth certificate
According to the requirements for establishing the fact that title documents belong to a person whose first name, patronymic or surname indicated in the document do not match the first name, patronymic or surname of this person on a passport or identity card or birth certificate (subparagraph 5) of the second part of Article 305 of the CPC), the courts must require the applicant to provide evidence that the title document belongs to him, and the organization that issued it does not have the opportunity to make appropriate corrections to it. In connection with this subparagraph, title documents include purchase and sale agreements, barter, donation of property, documents confirming ownership issued by administrative authorities, executive authorities, organizations, graduation certificates, workbooks, certificates, etc. Cases of this category are not complicated, are considered by the courts in accordance with with the requirements of the norms of Chapter 32 of the CPC. For example, Z. She applied to the court to establish the ownership of the title document, stating that on the basis of a contract dated July 16, 1975, she bought a house consisting of three living rooms with outbuildings in the village of Saumalkol, at 98 Khairova Street (Trudovaya, 15). This contract was certified by notary G., secretary of the executive committee of the Volodarsky Rural Council of Workers' Deputies, and was registered in register No. 60, but her last name and patronymic were misspelled: "Zinevich" instead of "Zenevich" and "Petovna" instead of "Petrovna." Due to these errors, she is unable to complete the transaction. The case file contains a letter from the akim of the Volodarsky rural District of the North Kazakhstan region dated December 23, 2014, from which it follows that making corrections to the purchase and sale agreement dated July 16, 1975 is not within the competence of local executive bodies. Taking into account the established circumstances of the case, the court issued a decision to satisfy the applicant's claims, according to which it established the fact of ownership of the contract dated July 16, 1975, registered in register No. 60, certified by notary G., secretary of the executive committee of the Volodarsky Rural Council of Workers' Deputies of the state notary office, Z., born on December 1, 1935, a native of the North Kazakhstan region. Due to the direct prohibition, the courts do not have the right to establish the fact that military documents, passports, identity cards and certificates issued by civil registration authorities belong to a particular person.
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