Statement of claim for recognition of ownership rights by virtue of the statute of limitations
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To the Zhitikarinsky district Court of Kostanay region
Plaintiff: K.A.S. IIN .... address: g. Gitikara, .....
Proxy representative: Lawyer Sabit Davletovich Nigmetov IIN 820125350700,
address: Gitikara, 4-21-24 cell. (WhatsApp) 87752667988 e-mail: hca6ut82@gmail.com
the defendant:S.K.V., born on 10/15/1973, last known place of residence: g. Gitikara, ...
Interested person: State Institution "Office of akim of the Zhitikarinsky district", g. Zhitikar, 6 mkr., 65
Claim price: 1,663,000 (one million six hundred sixty three thousand tenge)
Statement of claim for recognition of ownership rights
by virtue of the statute of limitations
In September 2012, I applied to the PKK "Nadezhda" in order to move into some kind of living space. The chairman of the PKSK told me that there were no habitable apartments and advised me to contact the Department of Housing and Communal Services, Passenger Transport, Highways and Housing Inspection of the Akimat of the Zhitikarinsky district, where they can help me with this issue. I applied to the State Institution "Department of Housing and Communal Services, passenger transport, highways of the Akimat of the Zhitikarinsky district" with a request to provide me with a living space. The Department of Housing and Communal Services, Passenger Transport, Highways and Housing Inspection of the Akimat of the Zhitikarinsky district explained to me that if I needed a home, they could conclude a contract with me in accordance with art. 855 of the Civil Code of the Republic of Kazakhstan on actions in someone else's interest without instructions. That is, I was offered a two-room apartment abandoned by the owner, located at: Gitikara, 7-15-59. The apartment in question was in a broken condition: there were no interior doors, floors, windows, electrical wiring, heating systems, hot and cold water supply, sewage system, and the heating battery was only in the kitchen. They explained to me that if I agree to move into this apartment and make repairs in the apartment at my own expense, then they will conclude an agreement with me on acting in someone else's interest without instructions. To which I agreed, I began to make repairs in the specified apartment, and after drawing up an act with the Nadezhda Housing and Communal Services Complex, around the beginning of November 2012, I signed an agreement with the Department of Housing and Communal Services, Passenger Transport, Highways and Housing Inspection of the Akimat of the Zhitikarinsky district on actions in someone else's interest without instructions, and the apartment was transferred to me at the address: g. Gitikara, 7-15-59.
Statement of claim for recognition of ownership rights by virtue of the statute of limitations
On November 10, 2012, I moved into an apartment with my family. At the same time, in November 2012, on the basis of an agreement with the State Institution "Department of Housing and Communal Services, Passenger Transport, Highways and Housing Inspection of the Akimat of the Zhitikarinsky district", I concluded contracts for electricity, hot and cold water supply, heating and sewerage services with the State Enterprise "Zhitikarakommunenergo", a gas supply contract, a garbage disposal contract with LLPSotsservice", PKSK services. Subsequently, the contract with the State Institution "Department of Housing and Communal Services, Passenger Transport, Highways of the Akimat of the Zhitikarinsky district" was renegotiated annually until 2018, and then I was told that the contract did not need to be extended and I could live in the specified apartment without a contract and after 7 years from the moment of living in the apartment I could apply for this apartment by virtue of the acquisition a long time ago. 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."
Statement of claim for recognition of ownership rights by virtue of the statute of limitations
I have been living in this apartment since November 2012, i.e. for more than 7 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. I regularly bear the burden of maintaining this apartment, I pay for all utilities, which is confirmed by certificates from public utilities. In addition, I have paid the costs of repairing the roof of the house in which the apartment is located, which is also provided with a certificate. 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 Kostanay region, ownership of the apartment located at the address: g. Zhitikara, ..... registered for S.K.V. According to the certificate of the Police Department of g. Zhitikar and the Gitikarinsky district, S.K.V. is listed as withdrawn on 08/25/1995 year from registration at the place of residence from the address: g. Gitikar, ... in Satka, Chelyabinsk region of the Russian Federation. Where is S.K.V. currently located? I do not know if any persons have made any claims to challenge ownership during the time they owned the apartment.
Statement of claim for recognition of ownership rights by virtue of the statute of limitations
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 ..., house ..., apartment 59. The market value of the apartment currently stands at 1,663,000 (one million six hundred and sixty-three thousand) tenge, according to the real estate valuation report No. 00038-20/GTK dated 08/14/2020.
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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