Petition to the Cassation Board of the Supreme Court for a court Decision and Ruling on invalidation of a will and certificate of inheritance
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. For more information, please contact a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (727) 971-78-58.
To the Cassation Board of the Supreme Court
The petition
on the revision of the decision of the Bostandyk District Court of Almaty dated 06/25/2018, the decision of the Judicial Board for Civil Cases of the Almaty City Court dated 08/01/2018 (on invalidation of the will and certificate of inheritance)
By the decision of the Bostandyk District Court of Almaty dated 25.06.2018, the claim for invalidation of the will and the certificate of inheritance was refused. By the decision of the judicial board for civil cases of the Almaty City Court, the decision was left unchanged, the appeal was dismissed. I consider the judicial acts to be unlawful and unjustified due to the improper application of substantive law, the incorrect definition and clarification of the range of circumstances relevant to the case that led to the issuance of an illegal judicial act. He died suddenly on January 20, 2018. ______________( next, the testator, the testator). To the plaintiff ______________ was (was) the father. The inheritance included the following property: 2-room apartment located at: Almaty, Rozybakieva Street, 188, apartment 11 and a plot of land with a residential building in the Smoloy cottage cooperative, Almaty region, Bekturgan village, plot No. 182. On June 30, 2018, at the place of opening the inheritance, the plaintiff applied to a notary ______________ A.A. with an application for a certificate of inheritance, where it turned out that the notary has a will on behalf of the testator, dated January 10, 2018, according to which the property listed above was bequeathed in favor of the Defendant. This will took precedence over my legal rights as heir, and on June 23, 2018, a notary issued a certificate of inheritance to the Defendant.
Petition to the Cassation Board of the Supreme Court for a court Decision and Ruling on invalidation of a will and certificate of inheritance
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 23, 2018, issued by the notary to the defendant under this will, is also invalid. ______________ A.A. 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. In accordance with paragraph 22 of the Normative Resolution of the Supreme Court of the Republic of Kazakhstan dated March 20, 2003 No. 2 "On the application by courts of certain norms of civil procedure legislation" "in accordance with Articles 412, 413 of the CPC, the court of appeal, based on the materials available in the case and additionally submitted, verifies the legality and validity of the decision of the court of first instance in full. The full scope of the review of the court's decision should be understood as verifying the correctness of the establishment by the court of first instance of the factual circumstances of the case, the application or interpretation of substantive and procedural law."
Petition to the Cassation Board of the Supreme Court for a court Decision and Ruling on invalidation of a will and certificate of inheritance
The Judicial Board for Civil Cases of the Almaty City Court did not pay due attention to this case. Contrary to the requirements of the law obliging the higher authority to eliminate the violations and make up for the shortcomings, she ignored the plaintiff's arguments set out in the appeal and duplicated the conclusions of the court of first instance, issued an unlawful ruling, finding no grounds to change the illegal and unjustified decision of the district court.
Based on the above and in accordance with Articles 434-436, 444, paragraph 8, Part 2, Article 451 of the CPC RK,
I ASK THE COURT:
To conduct a preliminary examination of the petition with the request for materials of the civil case.
To submit the petition with the case for consideration at the court session of the cassation instance;
The decision of the Bostandyk district Court of Almaty dated 06/25/2018, the decision of the judicial board of the Almaty City Court dated 08/01/2018 to cancel and make a new decision in satisfaction of the claim for recognition of the will, made on behalf of Khrapunov D.V. and certified by a notary on January 10, 2018 ______________ A.A., as well as the certificate dated June 23, 2018 on the right to inheritance under the will, issued in the name of Khrapunov D.V. - invalid.
Sincerely, Lawyer: ________________/Sarzhanov G.T. "___"___________20___ 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
