Ownership of immovable property may be registered on the basis of a court decision on the division of property, accompanied by evidence that the owner has received compensation for a share in the common property.
P. sued B., asked to recognize the ownership of a half-part of the apartment for the deceased M. The court found that the ownership of the disputed apartment was registered to the spouses M. and O. for a half-part. By a court decision of December 05, 2000, the property was divided, the apartment was allocated to M., and monetary compensation was collected in favor of B. This court decision has been executed. M. has not registered ownership of the remaining ½ part of the apartment. After M.'s death, the notary issued to his wife P. an additional certificate of the right to register the right to a half of the apartment. The court applied Article 44-1 of the Law, by virtue of which the basis for registration of ownership of property acquired in accordance with the procedure established for the execution of court decisions is a purchase and sale agreement signed by a bailiff and a buyer, or a bailiff's decision and an act of acceptance and transfer of property and satisfied the claim. M.'s right to a half of the apartment is recognized.
Ownership of immovable property may be registered on the basis of a court decision on the division of property, accompanied by evidence that the owner has received compensation for a share in the common property.
The decision has not been challenged and has entered into force, although the court's reference to article 4-1 of the Law is controversial. In this case, a different procedure has been established for the execution of a court decision on the division of common property. According to paragraph 5 of Article 218 of the Civil Code, upon receiving compensation for the cost of a share in the common property, the owner loses the right to a share in the common property. The heir should have applied to the registration authority at the location of the property – the Department of Justice of the Tayynshinsky district of the North Kazakhstan region with an application for registration of ownership of the remaining ½ part of the apartment. It was necessary to attach to the application for registration of the right a court decision on the division of property and evidence of B.'s receipt of compensation (a decision to terminate enforcement proceedings for compensation in connection with full execution, and if the court decision was executed voluntarily, then a cash receipt, payment order, etc.). And the issue of rights could be resolved without going to court.
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