Petition for invalidation of the inheritance certificate
Attention! The Law and Law Law Company draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. Application for invalidation of the certificate For detailed information, please contact by phone; +7 (700) 978-57-55 (On invalidation of the certificate of inheritance)
To the Cassation Judicial Board for Civil Cases
Supreme Court of the Republic of Kazakhstan
The plaintiff: _________________ 13.08.1982 year of birth
Residence: Almaty, ul. _________________5/89 mobile phone number _________________
CASSATION PETITION
on the decision of the appellate judicial board of the Almaty City Court dated 02.02.2018
My cousin _____________________ the owner of a studio apartment located at the address: Almaty, ul. _____________________ 56/74, She died on December 18, 2017. On February 10, 2018, at the place where the inheritance was opened, A. Kashenova, a notary in Almaty, submitted an application for a certificate of inheritance through my representative. The inheritance included a studio apartment belonging to the deceased, worth 6,000,000 (six million) tenge, according to the report of the appraisal company. On June 10, 2018, my representative arrived at the notary _____________________ A., in order to accept the inheritance, however, it turned out that the notary has a will on behalf of _____________________ M., dated September 05, 2018, according to which the above apartment was bequeathed in favor of _____________________– the defendant in the present case. The notary issued a petition for invalidation of the certificate on the same day. __________________ Sh.A. a certificate of inheritance, for which he later registered ownership of the specified apartment in the PSC. By the decision of the Almaly District Court of Almaty dated 10/25/2018, my claims for recognition of the will and the certificate of inheritance rights were denied. The decision was left unchanged by the decision of the appeal board of the city court. According to paragraph 1 of Article 434 of the CPC RK, Judicial acts subject to cassation review are: 1. Judicial acts of local and other courts that have entered into legal force may be reviewed in cassation by the Supreme Court of the Republic of Kazakhstan, if the appeal procedure is followed, as well as judicial acts of the specialized judicial board of the Supreme Court of the Republic of Kazakhstan.
Petition for invalidation of the inheritance certificate
I consider the decision of the court of the appellate judicial board to be illegal and unfounded on the following grounds: When making the decision, the Court incorrectly determined and clarified the range of circumstances relevant to the case. According to clause 1 of Article 1050 of the Civil Code of the Republic of Kazakhstan, a will must be made in writing and notarized, indicating the place and time of its compilation. However, Shayakhmetov S.A., referring to a painful condition ______________ M.K. explained that the will was signed on behalf of ______________ M.K. as a witness ______________N.N. Meanwhile, on the day of signing the will, the state of health ______________ M.K. did not create obstacles for her to personally sign her own will. According to the medical documents available at the State Clinical Hospital No. 11, M.K. Toshenova was treated for heart failure, according to the act of the CME, the cause of death is also heart failure. There were no diseases preventing the handwritten signature of the will by the attending staff. A subjective assessment of the "state of health" by the defendant and the witness who signed the will is not a ground for violating art. 1050 of the Civil Code of the Republic of Kazakhstan, which stipulated that the testator must make a handwritten signature when notarizing a will. In accordance with paragraph 1 of Article 157 of the Civil Code of the Republic of Kazakhstan, if the requirements for the form, content and participants of the transaction, as well as for the freedom of their will, are violated, the transaction may be declared invalid. For the reasons set out above and by virtue of paragraph 1 of Article 158 of the Civil Code of the Republic of Kazakhstan, committed on behalf of ______________ M.K. The will is invalid. Consequently, the certificate of inheritance dated June 10, 2018, issued under this will to the defendant by notary Koshenova A. On the basis of art.1063 of the Civil Code of the Republic of Kazakhstan, I, as a cousin, am the heir, other heirs have ______________ M. There is no. According to paragraph 4 of Article 451 of the CPC RK, the court of cassation instance has the right to cancel the decision of the court of first instance, the decision of the court of appeal and send the case for a new hearing. Thus, the legislation provides for all grounds for recognizing a will and a certificate of inheritance as invalid.
Petition for invalidation of the inheritance certificate
Based on the above and in accordance with Articles 157, 158, 1050, 1063 of the Civil Code of the Republic of Kazakhstan and Articles 434, 451 of the Civil Code of the Republic of Kazakhstan,
P R O W U:
The decision of the appellate judicial board of the Almaty City Court of February 02, 2018, to cancel and send the case for a new hearing to the court of appeal with a different composition of judges.
Application: 1) a copy of the cassation petition 2) a copy of the decision of the appellate judicial board of the Almaty City Court dated 02.02.2018 3) a copy of the decision of the Bostandyk district Court of Almaty dated 25.10.2018 The plaintiff _________/ TB.W. "___"____________2018 the year
Lawyer: ________________/Sarzhanov G.T. "___"___________2018 the year
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.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
