Statement of claim for recognition of the purchase and sale of an apartment building as valid
Attention! The Law and Law Law Firm draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
To the Zhitikarinsky district Court of Kostanay region
Plaintiff: L/E.V. IIN . cell. tel. 8-777-... place of residence: g. Gitikara, ...
Defendant: B.Y.L. IIN. last known place of residence: g. Gitikara, st. Sh., d.., sq. no. 2
Interested person: Akim of the Zhitikarinsky district address:
g. Gitikara, ... tel. 20001
The price of the claim: 650,000 (six hundred and fifty) tenge
Statement of claim
on the recognition of the purchase and sale of an apartment building as valid
On January 18, 2017, I and the representative of the defendant by proxy, D.G.Yu., agreed that I would acquire ownership of an apartment building from the defendant, at the address: 19 Sh..., apartment 2, Zhitikara, at a price of 650,000 tenge, for which I first transferred 100,000 tenge to D.G.Yu. When making a purchase and sale transaction with a notary, we became aware that the transaction could not be completed, since the defendant had not commissioned the cold annex and barn. I undertook to eliminate these shortcomings within a year, and in order to consolidate our agreement, a deposit agreement was concluded, according to which I paid the amount agreed between us, minus the cost of completing the purchase and sale transaction. In February 2017, my son L.A.A. and his family moved into this house, as I had originally purchased this house for my son.
During 2017, my son L.A.A. called D.G.Y. to find out how things were going with the paperwork for the cold annex and barn. In January 2018, I became aware that D.G.Y.'s power of attorney expired in September 2017 and it was impossible to complete the purchase and sale transaction. Subsequently, my daughter-in-law, L.G.O., contacted the defendant, B.Y.V., via the WhatsApp messenger, where, during the correspondence, the defendant indicated that she did not claim the house. The defendant promised to come to Gitikara and make a deal on her behalf, however, she did not keep her promise. In December 2018, D.G.Yu. she gave me the documents for the apartment, as I had already lost hope of making a deal with the defendant and decided to seek recognition of my right to the house through the court. Since the purchase of the house, I have borne the burden of its maintenance, i.e. I pay utilities and taxes. I consider myself the owner of the house, as I own this house in good faith and bear the burden of its maintenance.
The above is confirmed by: a certificate of inheritance under the law, a power of attorney, a receipt, an agreement on a deposit, a lease agreement for residential premises, a decision of the Zhitikarinsky District Court dated 08/22/2017, receipts for payment of public services, receipts for payment of taxes. According to Article 147 of the Civil Code of the Republic of Kazakhstan, transactions are recognized as actions of citizens and legal entities aimed at establishing, changing or terminating civil rights and obligations. According to art . 63 A transaction made by one person (representative) on behalf of another person (represented) by virtue of an authority based on a power of attorney, legislation, court decision, or administrative act directly creates, modifies, and terminates the civil rights and obligations of the represented. According to art. 154 Part 2 of the Civil Code of the Republic of Kazakhstan, if a transaction requiring notarization is actually executed by the parties or one party, its content does not contradict the law and does not violate the rights of third parties, the court, upon application of the interested party, has the right to recognize the transaction as valid.
In this case, subsequent notarization of the transaction is not required. According to P. 3 of the Regulatory Resolution No. 5 of the Supreme Court of the Republic of Kazakhstan "On certain issues of dispute resolution related to the protection of the right of ownership of housing" dated July 16, 2007 - "in case of non-compliance with the form of the transaction, when the actual transaction is confirmed by evidence other than testimony (for example, a receipt for the sale of a home and receipt of money, or the issuance of a power of attorney for the right of alienation), if the seller's location is unknown, the interested party has the right to file a lawsuit to recognize the transaction as valid, indicating as a defendant the seller, notified by the court at his last known place of residence."
According to Article 153 of the Civil Code of the Republic of Kazakhstan, failure to comply with the simple written form of a transaction does not invalidate it, but deprives the parties of the right in the event of a dispute to confirm its commission, content or execution by testimony. The parties have the right to confirm the commission, content or execution of the transaction with written or other evidence other than witness testimony. Based on the above, I ask the court to recognize the purchase and sale of a residential building with a land plot located at the address: city of Gitikara, Shakhterov Street, house ..., apartment 2, concluded on January 31, 2017 between L.E.V. and B.Y.L., valid.
To call as witnesses to the court session – L.A.A. and L.G.O., residing at the address: g. g. g., ...; D.G.Yu., cell phone 8-705-.. Appendix: receipt of payment of state duty, a copy of the plaintiff's identity card, certificate of inheritance under the law, power of attorney, receipt, deposit agreement, rental agreement for residential premises, decision of the Zhitikarinsky District Court dated 08/22/2017, copies of the technical passport, copies of the conclusion on the change in the area of the property, copies of the act of acceptance of the built facility into operation, copies of the order, a copy of the GVD certificate, a copy of the AIS GPC information certificate, a copy of the act on the right of private ownership of the land, a copy of the defendant's identity card, a certificate of registered rights, a letter from the acting head of the police department, a letter from the chief of staff of the akim of the Zhitikarinsky district, a certificate from the GKP "Zhitikarakommunenergo", receipts for payment of services, a screenshot of the website of the State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan on the absence of debt. March 20, 2019
L.E.V.
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.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
