Lawyer in civil cases Establishing ownership rights
It is not allowed to establish ownership rights when considering an application for establishing the existence of documents confirming ownership, use and (or) disposal of immovable property, if the applicant had a title document on ownership of the property, but it was lost, and the specified fact cannot be established out of court by a decision of the district court. The application of G. is satisfied. The fact of ownership, use and disposal of property has been established in the form of a former fire station building located on the territory of DOF – 1 Donskoy GOK at 61/a Aldiyarova str., Khromtau, since January 22, 1997. By the decision of the judicial board for Civil Cases of the Aktobe Regional Court dated April 26, 2016, the court's decision was overturned, and a new decision was issued to refuse to satisfy the stated claims. The court of first instance, when deciding to establish the fact of ownership, use and disposal of immovable property, motivated it by the fact that on January 22, 1997, the applicant's spouse V. entered into an agreement with JSC, under the terms of which, for the work he performed on passenger transportation, the aforementioned property was transferred to him in repayment of the debt in the amount of 100,000 tenge.
V. died in 2014. By virtue of Article 240 of the Civil Code, the deceased openly, conscientiously and continuously owned the disputed property as his own for fifteen years. According to the registration authority, the disputed real estate was registered for JSC on the basis of Resolution No. 73 of November 18, 1993. According to part 2 of Article 290 of the CPC, which was in force during the consideration of the case, if a dispute arises about the law, the court issues a ruling on the consideration of the case in the order of the claim proceedings. However, this requirement of the civil procedure legislation was not fulfilled by the court of first instance. As mentioned above, the court considers cases of fact-finding: 1) kinship relations of persons; 2) finding a dependent person; 3) registration of birth, adoption, marriage, divorce and death; 4) recognition of paternity; 5) ownership of title documents (with the exception of military documents, passports, identity cards and certificates issued by civil registration authorities) 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; 6) the availability of documents confirming the ownership, use and (or) disposal of immovable property, if the applicant had a title document on the ownership of the property, but it is lost, and the specified fact cannot be established out of court; 7) an accident, if it cannot be confirmed in another manner; 8) death of a person at a certain time under certain circumstances in case of refusal of civil registration authorities to register death; 9) acceptance of the inheritance and the place of opening of the inheritance, if the person performing notarial acts cannot issue a certificate of inheritance rights to the applicant due to the absence or insufficiency of relevant documents necessary to confirm the fact of taking possession of the inherited property; 10) other facts of legal significance, unless legislation provides for a different procedure for their establishment.
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