Lawyer for civil cases on invalidation of registration of ownership rights on the basis of an apartment donation agreement
O. in support of the claim for invalidation of the registration of ownership rights on the basis of the donation agreement for the apartment, which on March 16, 2011, Zh. presented to his daughter B., who registered her rights, indicated that he had bought this apartment from Zh. in February 2011. "my mother." The rights to the apartment are not registered with him, although the money in the amount of 50,000 US dollars has been transferred to her. As evidence, the court is presented with a signed Zh. an agreement executed by O. in a handwritten manner. he referred to the fact that his right arose earlier than B.'s right, the lack of registration does not deprive him of the rights that arose from the transaction, he is the rightful owner, whose interests are subject to protection on an equal basis with property rights.
According to paragraph 6 of Article 7 of the Law, when establishing priorities between several rights (encumbrances of rights) to the same real estate object, it is necessary to proceed from the fact that the rights (encumbrances of rights) to immovable property registered in the legal cadastre, which, in accordance with articles 4 and 5 of the Law, are subject to state registration, have priority over unregistered rights. The refusal to satisfy the claim, which was agreed by the Court of Appeal for Civil and Administrative Cases, was motivated by the fact that the donation transaction was registered and applied paragraph 6 of Article 7 of the Law. Thus, the court pointed to the priority of registered rights over unregistered rights. The judicial acts were annulled by the decision of the Cassation judicial board. A settlement agreement between the parties has been approved.
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