Statement of claim for payment of the value of the share in the common immovable property
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The plaintiff: DVN IIN.... place of residence: g. Gitikara, ..... cell. phone. 8 705...
Defendants: M.T.G. place of residence: Russian Federation, Chelyabinsk region, Magnitogorsk, ul. D.., 9/1, sq. 71
cell phone. +7 ..... GSB, place of residence: Russian Federation, Chelyabinsk region, Kopeysk, ul. K., 5, sq. 24 K.V.S.
place of residence: G. Zh., A. str., 21 cell phone. 8 777 ......... WHEN
place of residence: g. Gitikara, cell phone 8 ..........
Claim price: 460,000 (four hundred and sixty thousand) tenge
Statement of claim
on the payment of the value of the share in the common immovable property
According to the inheritance certificate No. 1582 dated 12.12.2018, I am the owner of 1/5 of the share in real estate, namely a four-room apartment located at the address: Kostanay region, Gitikara, microdistrict .., house .., apartment 11, cadastral number 12:192:001:000:(541:0003. Also, on the basis of the privatization agreement 10254 dated 11/18/1993, 1/5 of the share of the specified apartment belongs to the defendants by right of ownership. No one has been living in this apartment for a year and a half, and no one is renting it. All these years and a half, I have been contacting the other owners with an offer to sell the apartment and allocate me my share in the amount of 1/5 of the purchase price. However, we have not reached an agreement on the sale of the apartment, as the defendants do not agree to sell the apartment. I assessed the value of 1/5 of the share in the specified apartment, which amounted to 460,000 tenge. The defendants do not wish to voluntarily pay the cost of my 1/5 share.
However, debts for utilities and KSK services are accumulating, and bailiffs have seized the apartment, which makes it difficult to sell it further. Apart from me, the other owners do not bear the costs of maintaining the apartment. According to Part 3 of Article 218 of the Civil Code of the Republic of Kazakhstan (hereinafter the Civil Code of the Republic of Kazakhstan), "If the participants in shared ownership fail to reach an agreement on the method and conditions of dividing common property or allocating a share of one of them, the participant in shared ownership has the right to demand that his share be allocated in kind from the common property. If the allocation of a share in kind is not permitted by legislative acts or is impossible without disproportionate damage to property in common ownership, the separating owner has the right to pay him the value of his share by other participants in shared ownership." In accordance with paragraph 8 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated 07/09/1999 "On certain issues of the application of legislation on ownership housing" - "If it is impossible to allocate in kind monetary compensation for a share in the ownership of the dwelling is determined by agreement of the parties. If no agreement is reached, the amount of compensation is determined by the court based on the market value of the dwelling at the time of dispute resolution, according to the claim of the outstanding owner."
Statement of claim for payment of the value of the share in the common immovable property
Based on the above, I ask the court to: - Collect in solidarity with MTG, GSB, KVS, KOG in my favor compensation for 1/5 of the share in total immovable property in the amount of 460,000 (four hundred and sixty thousand) tenge, the cost of paying state duty in the amount of 4600 tenge, the bank's commission in the amount of 150 tenge, the cost of legal fees assistance in the amount of 10,000 tenge, a total of 474,750 tenge. Appendix: a copy of the identity card, a receipt for payment of state duty, a copy of the certificate of inheritance under the will, a certificate of registered rights (encumbrances), a copy of the proposal, a copy of the response to the proposal, a copy of the assessment report, a receipt and an invoice for payment of KSK services, a receipt for debt to the GKP "Zhitikarakommunenergo", a receipt for payment for legal assistance.
03/10/2020 D.V.N.
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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