STATEMENT OF CLAIM for eviction of the defendant from the premises
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To the Auezovsky District Court of Almaty, Almaty, Kuanyshbayeva str., 44 a 8 727 333 11 76
The plaintiff: ............... IIN .................. Almaty, Zhetysu district, MD. ..............., house ..., sq. 13.
Representative by proxy: Law Company Law and Law LLP
BIN 190240029071 Almaty, 79/71 Abylai Khan ave., office 304.
info@zakonpravo.kz / www.zakonpravo.kz + 7 727 978 57 55; +7 700 978 57 55.
The defendant: .......................and IIN ................ Almaty, ...-mkr, house ...., sq.m. 36. +7 702 .....................
STATEMENT OF CLAIM
on the eviction of the defendant from the residential premises
Previously, between Y................ Y. G.A., (Hereinafter referred to as the Defendant) and Y.............. M. M.L., (Hereinafter referred to as the Plaintiff) the donation agreement No. 482 dated 05.06.2020 for a real estate object located at the address: Almaty, Auezovsky district, ...-mkr, house ..., sq. 36. The specified agreement is the basis for registration of the Plaintiff's ownership of the property received by him in state bodies. On the basis of the donation agreement, ownership of the property passed to the Plaintiff. Half a year has passed since the registration of this agreement and to this day the Defendant has not vacated the above apartment and thus does not legally reside. In accordance with Article 18 of the Law of the Republic of Kazakhstan "On Housing Relations", where the owner of a dwelling, as well as an unfinished apartment building, has the right to freely, at his discretion, sell it, determining the terms of sale, donate, exchange, bequeath to other persons, pledge, dispose of in other ways not prohibited by legislative acts of the Republic of Kazakhstan, subject to the specifics provided for in this article.
In accordance with Article 188 of the Civil Code of the Republic of Kazakhstan, the right of ownership is the right of a subject recognized and protected by legislative acts to own, use and dispose of his property at his discretion. The owner has the right to own, use and dispose of his property. The right of ownership is a legally secured opportunity to exercise actual ownership of property. According to paragraph 3 of art. 29 of the Law of the Republic of Kazakhstan "On Housing Relations", Upon termination of ownership of a dwelling on the grounds provided for in subparagraphs 1) and 3) of paragraph 1 of this Article, the owner and all persons living in the withdrawn dwelling are subject to eviction without providing other housing. According to paragraph 2 of art. 30 of the Law of the Republic of Kazakhstan "On Housing Relations", where upon termination of ownership of a dwelling (dwelling) at the will of the owner (sale, donation), members of the owner's family, former members of the owner's family and temporary tenants are evicted without providing other housing, unless otherwise provided by the contract with the buyer of the dwelling. Article 260 of the Civil Code of the Republic of Kazakhstan stipulates that the owner has the right to claim his property from someone else's illegal possession. In accordance with the provisions of the Normative Resolution of the Supreme Court of the Republic of Kazakhstan dated 07/16/2007 No. 5 "On certain issues of dispute resolution related to the protection of ownership of a dwelling", if a dwelling is in illegal actual possession of another person, the owner has the right to file a claim for reclaiming the dwelling from someone else's illegal possession. According to clauses 7, 1, art. 610 of the Tax Code of the Republic of Kazakhstan stipulates that claims for amendment or termination of a tenancy agreement, for extension of the inheritance period, for release of property from seizure and other claims of a non-property nature or not subject to assessment are 0.5 MCI. Based on paragraph 1 of Article 113 of the CPC RK, 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. On the grounds of the above and in accordance with art. 260 of the Civil Code of the Republic of Kazakhstan and art. 148 of the CPC of the Republic of Kazakhstan, I ask the Court:
Instill in.......... Mr. and all cohabiting persons from the residential premises located at the address: Almaty, Auezovsky district, ..-MKR, house ..., sq. 36, owned by A.......M.R., on the basis of the donation agreement No. 482 dated 06.2020;
Collect from U....y G.A., in favor of U....a M.L., representative expenses for the requirement to evict from residential premises, in the amount of 420 000 tenge;
To collect from U....y G.A., in favor of U.....a M.L., the state fee for the requirement to evict from a residential building, in the amount of 0.5 MCI = 1459 tenge.
Sincerely, Representative by Proxy: ___________/ Kurmambayev T.A. "___"____________ 2021
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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