Removal of obstacles in the use of residential premises | determination of the amount of payment for utilities | repair and maintenance of residential premises
The District Court considered in open court with the use of audio-video recording of the court session a civil case on the claim of D.V.N. to the Defendant M.T.G., on the removal of obstacles in the use of residential premises, determining the amount of payment for utilities, repair and maintenance of residential premises. The plaintiff appealed to the court with a claim for the removal of obstacles in the use of residential premises, determining the amount of payment for utilities, repairs and maintenance of residential premises, arguing that she owns 1/5 of the share of the apartment at the address of Gitikar.. At the hearing, the plaintiff and her representative, L.L.S., supported the clarified claims with a request to satisfy them. The court was told that on the basis of the certificate of inheritance under will No. 1582 dated 12.12.2018, the plaintiff owns 1/5 of the share in the apartment. Since the registration of ownership, the defendants have been preventing the use of the apartment. Due to the fact that the apartment is a 4-room apartment with a total area of 60.5 square meters and a living area of 44.3 square meters, he asks not to interfere with the use of one room with an area of 8.4 square meters, which is one fifth of the living area, as well as the total area in the hallway, kitchen, bathroom and toilet. Since, being the owner of the fifth share, he asks to determine for her and the amount of her share of utility bills, respectively, for further transfer of information to the utilities. The defendant K.O.G. did not recognize the claims, believes that D.V.N. is not the legitimate owner. It was she who took out the property that was in the apartment after S.A.Z.'s death, and also appropriated a sum of money. We do not agree with the fact that the entire apartment is indicated in the will, we do not agree with the conclusions of the notary, who had no right to perform notarial acts to issue a certificate after the death of S.A.Z. The defendant K.V.S. does not agree with the requirements, because he does not want the apartment to turn into a communal apartment, despite the fact that No one lives in the apartment. Since she has two children, she intends to live in the disputed apartment herself in the future. The plaintiff took out all the property, so she believes that if 60,000 tenge remains from her share, they are ready to pay it. The defendant, M.T.G., did not appear, was duly notified of the hearing, and a request was received from her to consider the case without her participation, as she is prohibited from traveling outside Russia. In the review, her representative indicates that he does not agree with the requirements, since only four are owners, and D.V.N. is not the legitimate owner. I do not agree with the will that the deceased S.A.Z. left behind. Defendant G.S.B. did not appear, he was notified about the hearing of the case through his mother, Cousin O.G. The court considers it possible to consider it without the participation of G.S.B., since he was duly notified, there were no petitions from him. When making a decision, the court is guided by the norms of Articles 188, 264 of the Civil Code of the Republic of Kazakhstan, Article 50 of the Law of the Republic of Kazakhstan "On Housing Relations". According to art.188 Part 2 of the Civil Code of the Republic of Kazakhstan, the owner owns the rights to own, use and dispose of his property. The right of ownership is a legally secured opportunity to carry out the actual 3 possession of property.
The right of use is a legally secured opportunity to extract useful natural properties from a property, as well as to benefit from it. The benefit can take the form of income, increment, fruits, offspring and in other forms. The right of disposal is a legally secured opportunity to determine the legal fate of property. According to information about the owner dated 12/14/2018, the apartment at the address of g. Gitikara microdistrict No. .., house No. 3, apartment No. 11 is registered with 5 owners: Dmitrieva V.N. on the basis of the certificate of inheritance under the will No. 1582 dated 12.12.2018, for K.V.G., K.O.G., P.S.S., P.T.G. on the basis of the privatization agreement dated 17.12.1993. It was established that having changed the surnames of P.S.S. to G.S.S., P.T.G. to M.T.G., in connection with their residence in the Russian Federation, they did not apply to the registration authority for a change of surnames. According to the certificate of inheritance right under the will dated 12.12.2018, the inherited property consisting of 1/5 of the share of a 4-room apartment at the address of g. Gitikar ... passed to D.V.N. on the basis of the will of S.A.Z. deceased on 11.06.2018. The specified share of the apartment belonged to the deceased S.A.Z. on the right of common shared ownership on the basis of a certificate of inheritance under the will dated 07/22/2016. At the hearing, it was established that since the death of S.A.Z., none of the owners has lived in the apartment. D.V.N. has not been able to use the acquired 1/5 share in the apartment, since the defendants prevent this. The arguments of the defendant K.O.G. that she does not agree with the will are not grounds for prohibiting the use of residential premises, since the will has not been invalidated to date. The right of ownership in the form of 1/5 of the share is registered for D.V.N. and she is the rightful owner of the specified share. The arguments of the defendant, K.V.S., that they do not give the right to use the apartment, in view of the unwillingness to turn the apartment into a communal one, also does not constitute grounds for a ban. Considering that the defendant's side has not provided any evidence of the illegality or cancellation of the will, but in support of his claims, the plaintiff, D.V.N. if information is provided that she is the owner of 1/5 of the share in the apartment, then the stated requirements in the obligation to use a living space- a room with an area of 8.4 sq.m. and common areas: hallway, kitchen, bathroom, toilet, in the apartment at the address: Gitikara microdistrict No. .., house No. 3, apartment No. 11, are subject to satisfaction, by virtue of Article 264 of the Civil Code of the Republic of Kazakhstan. 4 Regarding the requirements for determining the procedure and amount of payment for utilities, repairs and maintenance of an apartment, it is also subject to satisfaction, since by virtue of art. 50 of the Law of the Republic of Kazakhstan "On Housing Relations", owners of premises (apartments) are required to participate in the maintenance costs of the common property of the condominium facility. The amount of expenses for the maintenance of the common property of the condominium facility is set in proportion to the share of the owner of the premises (apartment) in the common property. Since the share of the owner of the apartment is determined in the amount of 1.5, and she is obliged to participate in bearing the burden of maintaining the apartment in proportion to her fifth share, the plaintiff's stated claims are reasonable and must be satisfied. In accordance with art.109 Part 1 of the Civil Procedure Code of the Republic of Kazakhstan, the court awards the party in whose favor the decision was made, on the other hand, all expenses incurred in the case. The plaintiff paid a state fee in the amount of 3788 tenge, which is subject to refund from the defendants in a shared manner. Guided by Articles 223-226 of the CPC, the court DECIDED: To satisfy the claims of D.V.N. to M.T.G., K.O.G., K.V.S., G.S.B. on removing obstacles to the use of residential premises, determining the amount of payment for utilities, repairs and maintenance of residential premises. To oblige the defendants M.T.G., K.O.G., K.V.S., G.S.B. do not interfere with D.V.N.'s use of the living space - a room with an area of 8.4 sq.m. and common areas: an entrance hall, a kitchen, a bathroom, a toilet, in the apartment at the address: g. Gitikara microdistrict No. , house No. 3, apartment No. 11.
Determine the amount of payment for utilities, repairs and maintenance of residential premises for the 1st / 5th part of the apartment, commensurate with its share in the apartment at the address: g Gitikara microdistrict no. , house no., apartment no. 11. To collect in a shared manner from M.T.G., K.O.G. K.V.S., G.S.B. in favor of D.V.N. the refund of the state duty in the amount of 3788 (three thousand seven hundred eighty-eight) tenge.
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