Statement of claim for recognition of ownership of immovable property on grounds of the statute of limitations
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To the Zhitikarinsky District Court
Plaintiff: Sh/K.M., born on 07/15/1967, IIN., residing at the address: g. Gitikara, ul...., house no...
Representative by proxy: Sabit Davletovich Nigmetov, born on 25.01.1982,
resident at the address: g. Gitikara, ...., 21, sq. 24, cell....., e-mail: ....
Defendant: Akim of the Zhitikarinsky district
Claim price: 1,368,000 (one million three hundred and sixty-eight thousand) tenge
Statement of claim
on the recognition of ownership of immovable property on the grounds of the statute of limitations
In 1999, I purchased an apartment building from the Society of Evangelical Baptist Christians, located at the address: Gitikara, ul. ..., house No. 7, with a land plot for cadastral No. 12-192-004-001, with an area of 0.0710 hectares. Ownership of the apartment building and land plot located at the address: Gitikara, ul. ..., house No. 7 belonged to the Community of Evangelical Baptist Christians on the basis of a purchase and sale agreement dated 03/10/1992, registered in the Dzhetygara group of technical inventory on 03/24/1992. I have been living in the above-mentioned house since April 1999. From that time to the present, the house has been in my possession and use, that is, for more than 17 years. I regularly bear the burden of its maintenance. I do not know where the owner of the property is at the moment. During the time of ownership of the house, no claims were made to challenge ownership rights. 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 a residential building located at the address: city of Gitikara, street ....., house number 7, with a land plot with cadastral number 12-192-004-001. 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 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). Openness of 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.
Statement of claim for recognition of ownership of immovable property on grounds of the statute of limitations
Continuity of ownership means that the dwelling 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 for recognizing my ownership of an apartment building with a plot of land located at the address: city of Gitikara, street ...., house number 7. The market value of the residential building, at the moment, is 1,368,000 (one million three hundred and sixty-eight thousand) tenge, according to the real estate valuation report No. F17-1108/KST dated 09/19/2017. Based on the above, in accordance with Article 240 of the Civil Code of the Republic of Kazakhstan, art. 148-149 CPC RK, NP SC RK No. 3 dated 04/20/2006, I ask the court to: - recognize ownership of a residential building with a total area of 71.6 square meters, of which a living area of 49.7 square meters, located at the address: city of Zhitikara, street ....., house No. 7, and land plot with cadastral number 12-192-004-001, with an area of 0.0710 hectares, for me – Sh.K.M., born on 07/15/1967, 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.N.V., born on 05/12/1988, residing at the address: g. Gitikara, ul. ..., house number 19 – neighbor. Phone: 8-777-..... O.I.S., born on 03/05/1957, residing at the address: Gitikara, ul., house number 8 – neighbor. Phone: 8-777-.... Appendix: - receipt of payment of the state fee. - Report on the assessment of the facility No. F17-1108/KST dated 09/19/2017. - a copy of the identity card of S.K.M.; - a copy of the identity card of N.S.D.; - a copy of the power of attorney for No. 531 dated 05/04/2017; - a copy of the diploma; - copies of the purchase and sale agreement, technical passport for a residential building, act on a land plot.
October 04, 2017 ____________________ Sh.K.M. /Nigmetov S.D. – by proxy/
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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