Recognition of invalid registration of ownership rights | Resolution of inheritance disputes | Illegal registration of common jointly acquired property

The Ili District Court of the Almaty region consists of: having considered in open court the civil case on the claim of the BWJ to the BAA and the Department of the Ili district for Registration and Land Cadastre of the branch of the Non-profit Joint Stock Company "State Corporation "Government for Citizens" in the Almaty region, a THIRD PERSON WHO DOES NOT DECLARE INDEPENDENT CLAIMS: Notary Mametalieva Mihray Abdullayevna on the recognition of invalid registration ownership rights. With the participation of the plaintiff's representative, G.T.Y., the defendant, B.A.A., the defendants' representatives, G.T. Sarzhanov, M. Mukhametkaliuli. A representative of a third party, Masimova R.K., Invalidation of registration of ownership rights | Resolution of inheritance disputes | Illegal registration of common jointly acquired possessesthe death certificate dated August 24, 2021 attested the fact of death of a BAJ who died on August 12, 2012, as recorded by No. 20-541-21-0001269. The plaintiff appealed to the court, arguing that after the death of her husband, B.A.Zh., she and his daughter from his first marriage are the heirs of the first stage, that is, the defendant B.A.A. In the application for acceptance of the inheritance, the defendant indicated that the estate consists of a residential building, an apartment, a vehicle and pension contributions. Considers that the ownership of a residential building with a total area of 176.1 sq.m., with a land plot of 0.0800 ha, which is part of the inheritance, located at the address: Almaty region, Ili district, village of M.T......., street ......, house No. 7, with cadastral number: 03-..... (hereinafter referred to as the real estate object), illegally registered as common joint property, since the land plot was inherited after the death of her mother, borrowed funds were received for the construction of the house, which have not yet been paid, the house was legalized by the decision of the legalization commission. She believes that the real estate object is her personal property, taking into account the clarification to the claim, she asks that the registration of ownership rights be declared illegal. In her response, defendant B.A.A. indicated that her father was indeed B.A.Zh. he died on August 12, 2021, the estate includes the above-mentioned property, does not agree with the claim, because the property was built at the expense of her father, who earned more than the plaintiff and is considered common joint property, asks to dismiss the claim. The defendant, the Department of Registration and Land Cadastre of the Ili district branch of the Non–Profit Joint-Stock Company "Government for Citizens State Corporation" in the Almaty region (hereinafter referred to as the NGO "Government for Citizens"), indicated in its response that ownership of the property was registered on January 16, 2015 as common joint property according to the plaintiff's application for registration, the claim is not recognized. A third person who does not make independent claims on the subject of the dispute, notary M.M.A. In the review, she indicated that she had nothing to do with the registration of property rights, and left the decision on the claim to the discretion of the court. The plaintiff's representative, G.T.Yu., at the court hearing, having supported the claim on the grounds set out in the claim, requested that the claim be satisfied. The representative of the defendant B.A.A. - Sarzhanov G.T. at the hearing, confirming the circumstances mentioned in the review, asked to dismiss the claim.Recognition of invalid registration of ownership rights | Resolution of inheritance disputes | Illegal registration of common jointly acquired property

Recognition of invalid registration of ownership rights | Resolution of inheritance disputes | Illegal registration of common jointly acquired property

At the hearing, the representative of the defendant of the NGO "Government for Citizens" - Mukhametkaliuli M., confirming the circumstances indicated in the review, asked to dismiss the claim. The representative of the third party, M.R.K., at the court hearing, left the resolution of the dispute to the discretion of the court. Having considered the civil case within the limits of the stated requirement, having listened to the participants in the process, having studied the case materials, the court comes to the following. In accordance with paragraph 6 of Article 22 of the Law of the Republic of Kazakhstan "On State Registration of Rights to Immovable Property" (hereinafter referred to as the Law), in order to register the rights of another spouse whose data is not contained in the title document, an applicant who has reached the age of marriage in accordance with the legislation of the Republic of Kazakhstan must indicate in the application for registration information about the absence of the fact of in a marital relationship, or information about your spouse, accompanied by a copy of the document confirming the existence of a marital relationship. If the marriage contract establishes the regime of shared or separate ownership of the spouses' immovable property, then the marriage contract is submitted to the registration authority.

As follows from the materials of the registration case, in the application for state registration for immovable property, the plaintiff Baitursynova B.Zh. indicated that she was married to Baitursynov A.Zh. The registering authority registered the ownership right as common joint property, since the applicant at that time did not provide other information that the property is her personal property. According to paragraph 1 of Article 31 of the Law, refusal of state registration is carried out in the following cases:: if the subjects and objects of legal relations, the type of right or encumbrance of the right to immovable property and other objects of registration or the grounds for their occurrence, modification or termination do not comply with the requirements of the legislation. When registering property rights, the registering authority had no grounds for inconsistency between subjects and objects of legal relations. Thus, the registration of ownership rights was carried out based on the information provided by the applicant himself, Baitursynova B.Zh., without any reason for refusal. The plaintiff Baitursynova B.Zh. justifies her claim for invalidation of the registration of ownership rights by the fact that the real estate object was built on a land plot that was inherited and the construction of the apartment building was carried out at her personal expense. In accordance with part 2 of Article 225 of the Civil Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC), the court resolves the case within the limits of the plaintiff's claims In the case in question, the court cannot give a legal assessment of the origin of the real estate object by virtue of the above-mentioned CPC norm. In such circumstances, the materials of the civil case examined in court do not provide grounds for satisfying the claim. Invalidation of the registration of property rights | Resolution of inheritance disputes | Illegal registration of common jointly acquired property Having assessed all the evidence in the case in terms of their relevance, admissibility and reliability, the court concludes that the claim has been dismissed.

By Part 1 of Article 113 of the CPC, at the request of the party in whose favor the decision was made, the court awards, on the other hand, the costs incurred by her to pay for the assistance of a representative (several representatives) who participated in the process and is not in an employment relationship with this party, in the amount of the costs actually incurred by the party. Guided by Articles 223-226 of the CPC, the court DECIDED: To refuse to satisfy the claim of the BBJ to the BAA, the Department of Registration and Land Cadastre of the Ili district branch of the Non-profit Joint-Stock Company "State Corporation "Government for Citizens" in the Almaty region on the recognition of invalid property rights. To collect from the BBJ in favor of the BAA the costs of paying for the assistance of a representative in the amount of 100,000 (one hundred thousand) tenge.

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