Recognition of the will of the certificate of inheritance as invalid
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To the Appellate Judicial Board of the Amatinsky City Court
The plaintiff: ........ 13.08.19.. year of birth: Almaty, Zharokova St. ... mobile phone 8 …
THE APPEAL
on the decision of the Almalinsky district court of Almaty dated 10/25/20.. year
By the decision of the Almaly District Court of Almaty dated 10/25/20.., my claims for recognition of the will and the certificate of inheritance rights were denied.
My cousin ______________________ She is the owner of a one-room apartment located at the address: Almaty, Seifulina St..., died on December 18, 20.. of the year. On February 10, 20.. at the place of opening the inheritance to the notary of Almaty _____________________ Through my representative, I applied for a certificate of inheritance. 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, 2015, my representative arrived at the notary ________________., to accept the inheritance, however, it turned out that the notary had a will on behalf of ________________., dated On September 05, 20.., according to which the apartment mentioned above was bequeathed in favor of ________________– the defendant in the present case. On the same day, the notary issued ________________. a certificate of inheritance, for which he later registered ownership of the specified apartment in the PSC. According to paragraphs 1,4, paragraph 1 of Article 427 of the CPC RK, the grounds for revoking or changing a court decision on appeal are: 1) incorrect definition and clarification of the range of circumstances relevant to the case; 2) violation or improper application of substantive or procedural law. I consider the decision of the court of first instance 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, ________________., referring to a painful condition ________________., He explained that the will was signed on behalf of ________________. A witness ________________.
Meanwhile, on the day of signing the will, the state of health ________________. there was no obstacle for her to personally sign her own will. According to the medical documents available in the GKPNAPKHV №11 ________________. She 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 provided for the mandatory making of a handwritten signature by the testator during the notarization of the 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 expression, 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 ________________. the will is invalid. Consequently, the certificate of inheritance dated June 10, 2015, issued by the notary to the defendant under this will, is also invalid. ________________
1063 of the Civil Code of the Republic of Kazakhstan, as a cousin, I am the heir, other heirs have ________________. I'm not. According to paragraph 3 of Article 424 of the CPC RK, the court of appeal has the right to reverse the decision of the court of first instance and make a new decision. Thus, the legislation provides for all grounds for recognizing a will and a certificate of inheritance as invalid.
Based on the above and in accordance with Articles 157, 158, 1050, 1063 of the Civil Code of the Republic of Kazakhstan and Articles 427, 424 of the Civil Code of the Republic of Kazakhstan,
P R O W U:
The decision of the Almaly District Court of Almaty dated 10/25/20.. to cancel and make a new decision on the recognition of the will and certificate of inheritance invalid due to violation of the requirements of paragraph 1 of art. 157 of the Civil Code of the Republic of Kazakhstan.
Appendix: a copy of the appeal, a receipt for payment of state duty, a copy of the decision of the Bostandyk District Court of Almaty dated 10/25/20.. year "___"____________20.. the year
The plaintiff ___________________
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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