Statement of claim for recognition of ownership of immovable property by virtue of the statute of limitations
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To the Zhitikarinsky district Court of Kostanay region
Plaintiff: J.G.K. IIN ....., born on 10/25/1963. place of residence: g. Gitikara, mkr. ......
plaintiff's representative: lawyer Sabit Davletovich Nigmetov, IIN 820125350700
place of residence: g. Gitikara, mkr. 4, 21, sq. 24 cell. tel. 8-775-266-7988 e-mail: hca6ut82@gmail.com
defendant: Akim of the Zhitikarinsky district location: g. Zhitikara, mkr. 6, building 65
Claim price: 2,474,000 (two million four hundred and seventy-four thousand tenge)
Statement of claim for recognition of ownership of immovable property by virtue of the statute of limitations
In April 2007, an oral agreement on the purchase and sale of the apartment for 350,000 tenge was concluded between me and the owner of the apartment at the address: Gitikara, 7 microdistrict, house 20, apartment 65 B.V.V. At the same time, B.V.V. explained that the documents for the apartment were not fully drawn up and I would need to issue an inheritance in his name after the death of his wife B.T.A. in order to take ownership. According to him, he had a bad health, so he gave me a power of attorney for the inheritance dated 04/27/2007 and gave me all the documents related to the apartment. On the same day, I gave him the money for the apartment. However, due to her illiteracy, she did not take a receipt from B.V.V. to receive the money. After that, the connection with B.V.V. was interrupted, he himself did not get in touch, I did not know how to find him. After issuing the certificate of inheritance to B.V.V., I applied to the notary D.T.J. for the re-registration of ownership of the apartment in my name, but the notary told me that the share in this apartment also belongs to P.A.Y. and the re-registration of the apartment in my name is impossible.
Statement of claim for recognition of ownership of immovable property by virtue of the statute of limitations
From April 2007 to the present, I have been living in this apartment, I bear the burden of its maintenance, I renovated it, I changed almost everything, since the apartment was in poor condition. She also signed contracts with public utilities, regularly paid all bills related to utility costs for housing maintenance. I also signed a contract with other apartment owners of house No. 20 in the 7th microdistrict of Gitikary for the overhaul of the roof of the house, which I also pay on time. They also repaired their entrance at their own expense with other residents. All the neighbors who lived in the house in 2007 knew that I lived in the 65th apartment. The above is confirmed by the power of attorney of B.V.V. dated 04/27/2007 in my name, the certificate of inheritance under the law dated 05/31/2007, the privatization agreement dated 09/17/1992, the registration certificate of the Bureau of Technical Inventory dated 09/17/1992, the apartment plan, the book of registration of citizens, the death certificate of B.T.A., contracts with GKP "Zhitikarakommunenergo", certificates of GKP "Zhitikarakommunenergo", LLP "Sotsservice", JSC "KazTransGas Aimak", LLP "Zhitikaraserviscenter". My arguments can also be confirmed by witnesses: - T.V.V., born on 26.06.1958, place of residence: g. Gitikara, 7 mkr., 20, sq. 66, cell phone (WhatsApp) 8705-766-1831 - Alpysova Ainur Bazylkhanovna, born on 02.05.1977, place of residence: g. Gitikara, 6 mkr., 9, 78 sq.m., cell phone (WhatsApp) 8777-259-8195; According to part 1 of art. 240 of the Civil Code of the Republic of Kazakhstan "A citizen ... who is not the owner of property, but who in good faith, openly and continuously owns real estate as his 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 dispute resolution by courts 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 totality of circumstances specified in paragraph 1 of Article 240 of the Civil Code, i.e. bona fide, open, continuous ownership of real estate as my own. " I have been living in this apartment since April 2007, i.e. 15 years. She is also registered at her place of residence in this apartment. I believe that my ownership of the apartment is in good faith. According to the certificate of the Department of the Zhitikarinsky district for registration and land cadastre of the branch of the NAO "State Corporation "Government for Citizens" in the Kostanay region, ownership of the apartment located at the address: g. Zhitikar, 7 mkr., d. ..., sq. 65 was registered for B.V.V., born on 09/13/1948 and P.A.Yu., 08.03.1973.R. According to the response of the Police Department of the city of Zhitikar and the Zhitikarinsky district, B.V.V. died on 24.10.2013, P.A.Yu. died on 05.12.2018. During the time of ownership of the apartment, no claims were made to challenge ownership or inheritance rights. Based on the above, I believe that the court has grounds to recognize my ownership of the apartment located at the address: city of Gitikara, microdistrict 7, house ..., apartment 65. According to the Analytical report No. 20 of IP "Business Consult", the market value of the apartment is 2,474,000 tenge.
Statement of claim for recognition of ownership of immovable property by virtue of the statute of limitations
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 Council of the Republic of Kazakhstan No. 3 dated 04/20/2006, I request: - to recognize ownership of immovable property located at the address: city of Zhitikara, microdistrict 7, house ..., apartment 65 for me – J.G.K., 10/25/1963 birth, on grounds of the statute of limitations. Appendices: a copy of the receipt for payment of the state fee, a certificate from the NAO "State Corporation "Government for Citizens" in Kostanay region on registered rights (encumbrances) to real estate and its technical characteristics, a copy of the identity card, a copy of the privatization agreement, a copy of the registration certificate of the Bureau of Technical Inventory, a copy of the apartment plan, a copy of the certificate of ownership inheritance, a copy of B.T.A.'s death certificate, a copy of B.V.V.'s power of attorney, copies of certificates from Sotsservice LLP and KazTransGas Aimak JSC, a copy of the certificate of GKP "Zhitikarakommunenergo", a copy of "Zhitikaraserviscenter" LLP, a copy of the citizens' registration book, a copy of the thermal energy and hot water supply contract, a copy of the electricity supply contract, a copy of the water management and sewerage system contract, a copy of Analytical Report No. 20, a copy of the response of the Police Department of Zhitikar and the Zhitikarinsky district dated 03/11/2022, a copy of the response of the Police Department Zhitikar and Zhitikarinsky district dated 05/11/2022, a copy of the power of attorney for the representative, a copy of the lawyer's certificate.
05/11/2022 G.G.K. representative by proxy Nigmetov S.D.
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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