On invalidation of the certificate of inheritance right
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Bostandyk District Court of Almaty
The plaintiff:______________ __.01.19__ born in ______________
Almaty, Rozybakieva, 188-10 office phone: 8 ______________
Plaintiff's representative on the warrant and power of attorney: ______________
The defendant:______________ __.01.19__ born in ______________ Rozybakieva, ....
Interested person: Notary of Almaty ______________ Auezova, 165-30 Contact phone: ...........
Statement of claim
(on the invalidation of the will and the certificate of inheritance)
_ Died suddenly on January 20, 20 ______________ ( next, the testator, the testator). To the plaintiff ______________ was (was) the father. The inheritance included the following property: 2-room apartment located at 188 Rozybakieva Street, Almaty, apartment 11 and a plot of land with a residential building in a country cooperative "_______", Almaty region, village of Bekturgan, site No. 182. _ On June 20, 20, at the place where the inheritance was opened, the plaintiff applied to a notary ______________ with an application for a certificate of inheritance, where it turned out that the notary had a will on behalf of the testator, dated January __ 20__, according to to whom the property listed above was bequeathed in favor of the Defendant. This will took precedence over my legal rights as heir, and on __ June 20, a notary issued a certificate of inheritance to the Defendant.
We consider the said will and the Certificate of Inheritance in the name of the Defendant to be invalid for the following reasons: According to Part 3 of Article 1 of the Civil Code of the Republic of Kazakhstan (special part) The will must be signed by the testator himself. If the testator is unable to sign the will with his own hand due to physical disabilities, illness or illiteracy, it may, at his request, be signed in the presence of a notary or other person certifying the will by another citizen, indicating the reasons why the testator could not sign the will with his own hand. Firstly, the disputed will states that ______________ for health reasons, he cannot sign, and at his personal request, the will is signed. ______________, residing at the address: Rozybakieva, 190-2 and a certificate of inheritance was issued in his name. Meanwhile, the testator was a physically healthy and educated person, and his health never deteriorated so much that he could not personally sign the document.
This fact is confirmed by an extract from the testator's medical book. Secondly, when drawing up and certifying a will, the reasons why the testator could not sign the will with his own hand are not indicated. The law requires you to specify a specific reason that prevents you from signing a will with your own hand. The phrase “for health reasons” is not an indication of the cause. Thus, the will is on behalf of ______________ compiled in violation of the requirements of civil legislation. By virtue of Part 2 of art . 157 of the Civil Code of the Republic of Kazakhstan, a transaction is recognized as invalid if the requirements for the form, content and participants of the transaction, as well as for the freedom of their will, are violated on the grounds established by this Code or other legislative acts. For the reasons set out above and by virtue of paragraph 1 of Article 158 of the Civil Code of the Republic of Kazakhstan, a will made on behalf of the testator is invalid. Consequently, the certificate of inheritance dated __ June 20__, issued by the notary to the defendant in accordance with this will, is also invalid. ______________. In accordance with Part 1 of art . 1061 of the Civil Code of the Republic of Kazakhstan, first of all, the testator's children, including those born alive after his death, as well as the testator's spouse and parents, receive equal shares of inheritance by law.
1061 of the Civil Code of the Republic of Kazakhstan, the plaintiff is the sole heir, the testator has no other heirs, since the testator's spouse died in 2015. Based on the above, and in accordance with paragraph 2 of art.157, paragraph 1 of art.158, paragraphs 1,3 of art.1050, art.1061 of the Civil Code of the Republic of Kazakhstan and Articles 148-149 of the CPC RK,
P R O W U:
Invalidate a will made on behalf of ______________ and certified on __ January 20__ by a notary ______________, and also a certificate dated __ June 20__ on the right to inheritance under a will issued in the name of ______________. 2. To recognize for me, as the heir according to the law, the right of ownership of the estate:
2-room apartment located at 188 Rozybakieva Street, Almaty, apartment 11 and a plot of land with a residential building in a country cooperative "_______", Almaty region, village of Bekturgan, plot No. 182;
3. Collect the costs of paying the state fee from the defendant;
Appendix: 1. receipt of payment of the state fee; 2. copy of the identity card; 3. copy of the death certificate; 4. copy of the will; 5. copy of the certificate of inheritance; 6. Power of attorney for the representative; 7. original warrant for the representative;
Plaintiff's representative on the warrant and power of attorney _______________ 05 August 2018
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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