Eviction from a home in someone else's illegal possession
In the Ridder city Court of the East Kazakhstan region, Co.Zh. addressed the defendant Mironova L.M. with a claim for eviction from an apartment building in someone else's illegal possession.
As it was established at the court hearing, in 2007 the plaintiff sold this house to B.S.S., but he died before he could register ownership, and now it has become clear that the deceased B.S.S. has an heir, H.A.V., however, he cannot confirm his relationship with B.S.S. due to the absence of his mother's birth certificate. Since the right of ownership arises from the moment of state registration, he asks to evict the defendant from the specified house.
According to Part 2 of Article 15 of the CPC of the Republic of Kazakhstan, during civil proceedings, the parties choose their position, ways and means of defending it independently and independently of the court and other persons involved in the case.
The court is completely exempt from collecting evidence on its own initiative in order to establish the factual circumstances of the case, however, upon a reasoned request from the party, it assists her in obtaining the necessary materials in accordance with the procedure provided for by this Code.
The defendants were unable to provide the court with documents confirming their ownership of the disputed house. According to paragraph 2 of Article 118 of the Civil Code of the Republic of Kazakhstan, the rights to immovable property arise from the moment of state registration.
According to Article 155 of the same Code, Transactions that are subject to mandatory state or other registration in accordance with legislative acts are considered completed from the moment of registration.
According to Article 264 of the Civil Code of the Republic of Kazakhstan, the owner has the right to demand the elimination of any violations of his right, even if these violations were not connected with the deprivation of possession. The claim was satisfied by the decision of the Ridder City Court of the East Kazakhstan region dated 04/17/2015.
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