Statement of claim for recognition of ownership of immovable property based on the statute of limitations
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To the Zhitikarinsky district Court of Kostanay region
Plaintiff: SLB born on 04/6/1979, IIN ...., residing at
address: g. Gitikara, .. mkr., d. ..., sq. 9 sot. 8777...........
Defendants: U.S.M., U.S.T., address: Kostanay, ul. M.., d..., sq. 30 U..(I.) A.S.,
address: Kostanay, .. mkr., D. U.A.A. address: Kostanay, Mayakovsky str., ..., sq. 30,
temporary registration: Kostanay, ul. V., 10, sq. 68 U.R.B.,
address: Nur-Sultan, Almaty district, 10/1 R. Street, 1610 block
Interested parties: RSU "Institution of the Criminal Code-161/3"
address: g. Gitikara State institution "Appapat akim of the Gitikarinsky district" g. Gitikara, 6 mkr., 65
Claim price: 1,675,000 (one million six hundred seventy-five thousand) tenge
Statement of claim
on the recognition of ownership of immovable property on the grounds of the statute of limitations
On September 1, 1994, my mother, S.S.M., was issued an order No. 1784 dated 09/01/1994 by the Executive Committee of the Dzhetygara City Council of People's Deputies for the occupation of office premises – a three-room apartment located at the address: Gitikara, .. microdistrict, house No. 25, apartment No. 9, with a total area of 61.7 square meters, a living area of 45.3 sq.m. Ownership of the above-mentioned real estate, according to the certificate of the Department of the Zhitikarinsky district for Land Cadastre and Real Estate, a branch of the non-profit joint stock company "State Corporation "Government for Citizens" in the Kostanay region belongs to the defendants U.A.S., U.S.M., U.S.T., U.R.B., U.A.A. In the above apartment I live with September 1994. From that time to the present, the apartment has been in the possession and use of our family, that is, for more than 25 years. On December 28, 2019, my mother S.S.M. passed away. Since that time, I have been bearing the burden of maintaining the apartment, paying utilities and taxes. According to an archived copy of the purchase and sale agreement dated May 13, 1994, the apartment in which I live was donated by the defendants in favor of the RSU "Institution of the Criminal Code-161/3". For reasons unknown to me, the specified contract was not registered with the state body that registers the rights to immovable property. During the period of ownership of the apartment, the defendants or interested parties have not filed any claims to challenge ownership rights.
Statement of claim for recognition of ownership of immovable property based on the statute of limitations
Based on the above, and the written evidence provided below, I believe that I have the right to apply to the court for recognition of ownership on the grounds of the statute of limitations for immovable property in the form of an apartment located at the address: city of Gitikara, .. microdistrict, house no.., apartment no. 9. According to part 1 of art . 240 of the Civil Code of the Republic of Kazakhstan "A citizen or a legal entity who is not the owner of property, but who in good faith, openly and continuously owns real estate as their own for seven years ... acquires ownership of this property (statute of limitations)", as well as the Regulatory Decree of the Supreme Court of the Republic of Kazakhstan No. 3 dated 04/20/2006 "On the practice of considering by the courts of disputes on the right to housing abandoned by the owner," according to which: "Considering claims for the acquisition of ownership of housing on the basis of the statute of limitations, It is necessary to take into account the existence of a set of circumstances specified in paragraph 1 of Article 240 of the Civil Code, i.e. bona fide, open, continuous ownership of real estate as one's own. Good faith of ownership means that the person became the owner of the dwelling lawfully, i.e. it appeared to this owner as a result of events and actions that are directly recognized by law, other legal acts, or do not contradict them, but have not received legal registration (for example, the transfer of the dwelling by the owner without observing the legally prescribed form of the contract of sale, lease and so on). Open ownership means that a person does not take any measures aimed at concealing the fact of owning a home, bears the burden of maintaining the home, pays for utilities, etc. Continuity of ownership means that the home is in the possession of this person without transferring ownership to third parties. A citizen or a legal entity who refers to the limitation period of ownership may attach to his possession all the time during which the person whose legal successor he is owned this dwelling (paragraph 10). "Based on the above, I believe that the court has grounds to recognize my ownership of the apartment located at address: Gitikara, 6th microdistrict, building No. 25, apartment No. 9. The market value of the apartment at the moment is 1,675,000 (one million six hundred seventy-five thousand) tenge, according to the real estate valuation report No. F19-00129/GT dated 08/09/2017. Based on the above, in accordance with Articles 240 of the Civil Code of the Republic of Kazakhstan, Articles 148-149 of the Civil Procedure Code of the Republic of Kazakhstan, NP of the Supreme Court of the Republic of Kazakhstan No. 3 dated 04/20/2006, I ask the court to: - recognize ownership of an apartment with a total area of 61.7 square meters, of which a living area of 45.3 square meters, located at the address: Zhitikara, .. microdistrict, house No. 25, apartment No. 9 for me – S.L.V., born on 04/26/1979, on grounds of prescription; - for the purpose of a comprehensive and correct consideration of the case, I ask you to summon the following persons to the court session to testify as witnesses: K.E.V., residing at the address: g. g. g., ...; B.L.V., residing at the address: g.g.g.g., ..; P.E.I., residing at the address: g.g.g.g.g . Appendix: - receipt of payment of the state fee - report on the assessment of the facility No. F19-00129/GT dated 08/09/2019 - copy of the identity card; - warrant for occupation of office premises - birth certificate - death certificate of S.S.M. - the book of registration of citizens - references from PKSK Rodnik, KazTransGas Aimak JSC, Sotsservice LLP, GKP Zhitikarakommunenergo - receipts for payment of property tax and land tax - 2 notifications on the amount of taxes - information from the Department of the Zhitikarinsky district for Land Cadastre and real estate - archived copy of the privatization agreement - archived a copy of the purchase and sale agreement between U.S.M. and the Institution CC-161/3 - the order of the head of the Institution CC-161/3 - the responses of the notaries U.B.T., E.J.K., D.T.J., M.E.E. - the response of the Police Department of Zhitikar and Zhitikarinsky district
05/21. 2020 S.L.V.
Statement of claim for recognition of ownership of immovable property based on the statute of limitations
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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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