Review of the Plaintiff's statement of claim for invalidation of the registration of ownership
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To the Ili District Court of the Almaty region, Judge A.M. Madiev.
+7 701 158 81 00.
from the Defendant: B.A.A. IIN...
Proxy Representative: Law and Law Law Firm
BIN 201240021767 Almaty, 79 Abylai Khan ave., office 304.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 971 78 58; +7 700 971 78 58.
Feedback
on the statement of claim
You have a civil case No. 1968-22-00-2/808 dated 03/30/2022 on the claim of B.B.Zh. (hereinafter referred to as the Plaintiff) to B.A.A. (hereinafter referred to as the Defendant) for invalidation of the registration of ownership rights.
We disagree with the plaintiff's arguments given in the statement of claim for the following reasons: In fact, the Defendant's father, B.A.Zh., died on August 12, 2021. In accordance with art. 1061 of the Civil Code of the Republic of Kazakhstan, first of all, the children of the testator and the spouse receive equal shares of inheritance according to the law, i.e. the heirs of the deceased B.A.Zh., are the daughter from the first marriage of B.A.A. and the plaintiff. The inheritance includes:
A house with a plot of land located at: Almaty region, Ilisky district, Ashibulak rural district, village named after M....., ul....., house 7.;
Flat;
The car;
Retirement savings.
The disputed immovable property is in common ownership. According to the information about the owner dated January 21, 2015, the cadastral number 03:046:097:1684; 03: 046:097:1684:1, real estate located at: Almaty region, Ilisky district, Ashibulak rural district, village of......, ul....., house 7, it is in common ownership.
We consider the plaintiff's arguments that the information about the owner is not legitimate to be unfounded, since the plaintiff does not confirm the evidence. 72 of the Civil Procedure Code of the Republic of Kazakhstan, each party must prove the circumstances to which it refers as the grounds for its claims and objections, use remedies, assert, challenge facts, provide evidence and objections to evidence within the time limits set by the judge, which correspond to the fair conduct of the process and are aimed at facilitating the proceedings. Information about the owner is a title document for immovable property. Moreover, the plaintiff did not appeal the information about the owner within the time limits established by law. We consider the plaintiff's arguments that the house was built with her personal funds to be unfounded and unfounded. At the time the plaintiff received the land plot from his deceased mother, there was nothing on the territory of the land plot. The house was built at the expense of his wife, i.e. with the money of the deceased B.A.Zh. Proof of this is the fact that B.A.Zh., was a retired police colonel.
We all know that pensioners of the Ministry of Internal Affairs receive a fairly good pension. Moreover, the deceased Baitursynov A.Zh., after retirement, worked as the head of the Security Service in a second-tier bank and had a good salary, which is the basis for building a house. And the plaintiff worked as a kindergarten teacher with a salary of no more than 100,000 tenge. In addition, the plaintiff did not provide the court with evidence that the plaintiff received a loan in order to build a house. Dear Court, by the decision of the commission for the legalization of real estate No. 356 dated 12/18/2014, the plaintiff and the deceased B.A.Zh., recognized ownership of the housing construction, as confirmed by the information about the owner. Registration date: 16.01.2015 16:49. In accordance with Part 4 of Article 8 of the Civil Code of the Republic of Kazakhstan, citizens and legal entities must act in good faith, reasonably and fairly in exercising their rights, observing the requirements contained in the legislation, the moral principles of society, and entrepreneurs - also the rules of business ethics. This obligation cannot be excluded or limited by the contract. Good faith, reasonableness and fairness of the actions of participants in civil law relations are assumed. We also believe that the Plaintiff violates the requirements of good faith, reasonableness and fairness provided for in Part 4 of Article 8 of the Civil Code of the Republic of Kazakhstan. In accordance with Article 8 of the CPC, everyone has the right to apply to the court for protection of violated or disputed constitutional rights, freedoms or protected interests. In accordance with Article 15 of the Civil Procedure Code of the Republic of Kazakhstan, the parties choose their position, ways and means of defending it independently and independently of the court, other bodies and persons during civil proceedings.
By virtue of Article 13 of the Constitution of the Republic of Kazakhstan, everyone has the right to defend their violated or disputed rights, freedoms or legally protected interests. 166 of the Civil Procedure Code of the Republic of Kazakhstan, where the defendant submits to the court a response to the Statement of Claim with attached documents that refute the arguments regarding the claim, as well as copies of the response and the documents attached to it. In accordance with art . 113 of the Civil Procedure Code of the Republic of Kazakhstan is stipulated at the request of the party in whose favor the Decision was made, the court awards, on the other hand, the costs incurred 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 (payment orders, fiscal receipt). For property claims, the total amount of these expenses should not exceed ten percent of the satisfied portion of the claim. According to non-property requirements, the amount of expenses is collected within reasonable limits, but should not exceed three hundred monthly calculation indices. Based on the above and in accordance with art. 166 of the CPC RK,
I ask the Court:
The claims of the Plaintiff B.B.Zh. to the Defendant B.A.A. on invalidation of the registration of ownership – to refuse satisfaction;
In case of refusal to satisfy the Claim, to recover from the Plaintiff B.B.Zh. in favor of the Defendant B.A.A. representation expenses in the amount of 270,000 tenge.
Sincerely, Lawyer: Sarzhanov G.T.
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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