Review of the statement of claim for recognition of ownership rights under the statute of limitations

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To Almalinsky District Court of Almaty to Judge K.K. Sarsenova.

267 Tole bi Street, Almaty, 8 (727)333-11-60 727-2872@sud.kz

from the defendant: .......... IIN 80121........... Almaty, Medeu district, ul. ............, D. 85.

Proxy representative: Law and Law Law Company LLP

in BIN 190240029071, Almaty, 79 Abylai Khan ave., office 304

info@zakonpravo.kz / www.zakonpravo.kz +7 700 978 50 85, + 7 727 978 50 85  

 

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on a statement of claim for recognition of ownership rights under the statute of limitations

There is a civil case in your proceedings No. 7520-21-00-00-2/5879 dated 08/16/2021 on the claim ........ (hereinafter referred to as the Plaintiff) to .............. (hereinafter referred to as the Defendant) on the recognition of ownership rights under the statute of limitations. We disagree with the Plaintiff's claims on the following grounds. …………... during her lifetime she was married to ..... Alexander ..... However.... Rosa Vladimirovna and..... Alexander Garievich's marriage was dissolved according to the record of the act of dissolution of marriage No. 168 dated 05.07.1995. From a common marriage .... R.V. and.... A.G. have three children: ... Sergey Alexandrovich born on 04/03/1980, .... Viktor Nikolaevich, born on 08/25/1976, ... Evgenia Alexandrovna, born on 01/10/1987 .... Sergey Alexandrovich, born on 04/03/1980, is the Defendant's spouse, which is confirmed by the Marriage Certificate No. 0077806 dated 12/28/2005. November 27, 2020 died suddenly.... Sergey Alexandrovich was born on 04/03/1980. From a joint marriage .... S.A. and the defendant have minor daughters:

.... Eleonora Sergeevna, born on 03/01/2006;

……... Evelina Sergeevna, born on 30.04.2010;

Eh.......... Roza Vladimirovna, born on 04/15/1956, died on 04/10/2003 (death certificate entry №263). .......... Rosa Vladimirovna is a mother..... Sergey Alexandrovich. ……….Sergei Alexandrovich died before he could accept the inheritance.

Review of the statement of claim for recognition of ownership rights under the statute of limitations

05/06/1993 ........ Roza Vladimirovna consented to the adoption of her son .......... Viktor Petrovich, born on 08/25/1976 (former surname- Bublikov, patronymic Nikolaevich) mother .......... Rashida Tafekovna (with the surnames and patronymics of the adoptive parent assigned to him), who has now moved to a permanent place of residence in the Federal Republic of Germany (hereinafter-FRG). 08/26/1996 ......... Rosa Vladimirovna consented to the adoption of her daughter ..........  Evgenia Petrovna, born on 10.01.1987 (former surname- Ernst, patronymic Alexandrovna) mother ........... Rashida Tafekovna (with the assignment of the surnames and patronymic of the adoptive parent to her). ……….  Evgeniya Petrovna, born on 10.01.1987, has now moved to permanent residence in Germany. According to the above facts at the Notary ........... Meruert Kaldybekovna in inheritance case No. 7/2021 on accepting inheritance from .......... Sergey Alexandrovich has all the necessary information and documents, court decisions from Germany on the fact of adoption ........... V.P., ..... E.P. In the property ........ Sergey Alexandrovich had real estate: a share in an apartment located at Almaty, Almalinsky district, ul.............. 25 sq. m.34(cadastral number 20-314-014-020-.........); 6 On February 2021, the Defendant learned from the Notary's case file that ...... Rosa Vladimirovna had died, as the whole family had thought up to that moment that Ernst  Rosa Vladimirovna has gone missing and she is wanted. In this regard ....... Sergei Alexandrovich did not accept the inheritance. To date, we do not know...... Alexander Garievich how he acquired the death certificate..... Rosa Vladimirovna, besides, the funeral was not held ........ Rosa Vladimirovna. As we all know, forgery of documents is punishable by law. According to Article 385 of the Criminal Code of the Republic of Kazakhstan, for forgery of an official document, the penalty is imprisonment of up to 2 years. We believe that..... Alexander Garievich deliberately constantly concealed information about death ....... Rosa Vladimirovna, in order to get the above apartment into her ownership.

In addition, in the actions .......... A.G. the composition of the criminal offense provided for in art.190 of the Criminal Code of the Republic of Kazakhstan is seen. The penalty for committing fraud is 10 years in prison. Dear Court, we believe that........ Alexander Garievich to mislead the Court and us, thereby actions .......... A.G. 66 of the Civil Procedure Code of the Republic of Kazakhstan, information about facts is recognized by the court as inadmissible as evidence if it is obtained in violation of the requirements of this Code by depriving or restricting the legally guaranteed rights of persons involved in the case who influenced or could have influenced the reliability of the information received about the facts, including: using the misconception of the person involved in the case.

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. 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. According to paragraph 1 of Article 113 of the Civil Procedure Code of the Republic of Kazakhstan, 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. 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. 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. The judge, within three working days, sends or hands over to the plaintiff and other persons involved in the case copies of the review and the documents attached to it. On the basis of the above, and in accordance with art. 166 of the CPC RK, I ask the Court:

Statement of claim ........ Alexander Garyevich to ....... To Olga Vladimirovna, the recognition of property rights under the statute of limitations must be refused;

Collect from ........ Alexander Garyevich in favor of .......... Olga Vladimirovna the amount of expenses for the representative's assistance in the amount of 200,000 (two hundred thousand) tenge.

Sincerely, Proxy Representative ________/ ................ 

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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