STATEMENT of CLAIM for the recovery of documents, an account statement from the bank
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Medeu District Court of Almaty
Almaty, Medeu district,
34 Nusupbekov St.
+7 727 333 13 01.
Plaintiff: S.S.S.
IIN.......
Representative by proxy:
Law and Law Law Firm
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 971 78 58; +7 708 971 78 58.
Respondent: Halyk Bank of Kazakhstan JSC
BIN 940140000385
40 Al-Farabi ave., Almaty, A26M3K5
+7 727 259 72 71.
Third person: S.A. A.
IIN .
Almaty, ul. ... liniya, 42, sq. 4.
+7 777 …….
STATEMENT OF CLAIM
about requesting documents
On May 17, 2021, notary A.S.O. certified the Certificate of inheritance according to the law, i.e. on the basis of Article 1061 of the Civil Code of the Republic of Kazakhstan, the heir to the property of gr. S.I.N., who died on 11/16/2007, was 1/2 of her son S.S.V., but in view of his death on 04/09/2008, the specified share of the inheritance passes to to his son S.S.S., born on 08/12-2000. The notary indicated that the hereditary property for which this certificate was issued consists of: monetary deposits with due remuneration and compensation to JSC Halyk Bank of Kazakhstan on accounts No. KZ....., KZ..... (The certificate of inheritance right according to the law is attached to the pre-trial claim).
According to art. 1072-1 of the Civil Code of the Republic of Kazakhstan, which states that acceptance of inheritance is carried out by submitting, at the place of opening of the inheritance, to a notary or an official authorized in accordance with the law to issue a certificate of inheritance to an official, an application from the heir for acceptance of the inheritance or an application from the heir for the issuance of a certificate of inheritance.
Thus, in order to clarify, we sent a lawyer's request No. 2802/23 dated February 28, 2023, where we asked the Bank to provide information (information) copies:
Information about the availability and numbers of current accounts belonging to gr. S.I.N. and about the remaining money on them;
Statements of cash flow on the following (and unknown to us) current accounts belonging to gr. S.I.N. with the date and identification of the person who performed the operation of withdrawing funds from the current account (personally or by proxy);
№ KZ…..;
№KZ….;
No.KZ......, as well as current accounts unknown to us.
However, to this day, no response has been received from the Bank.
According to paragraph 8, Article 50 of the Law of the Republic of Kazakhstan "On Banks and Banking Activities in the Republic of Kazakhstan", Certificates on the availability and numbers of bank accounts of an individual and on the remaining money on them, as well as available information on the availability, nature and value of his property stored in safe deposit boxes, cabinets and bank premises, in in case of death of the owner, the following are issued:
1) persons indicated by the owner of the account (property) in the testamentary disposition;
2) courts and notaries: for inheritance cases pending in their proceedings on the basis of a ruling, court order, or written request from a notary certified by his seal. A copy of the death certificate of the account holder must be attached to the notary's written request.;
3) to foreign consular institutions: on inheritance cases pending in their proceedings;
4) heirs.
It is important to note that on May 31, 2007, gr. S.A.Andreevich, acting by proxy on behalf of S.I.N., sold gr. M.N. his entire apartment building with a plot of land located at the address: Boraldai village, Aerodromnaya str., 40 in the amount of 12,200,000 tenge. A notarized purchase and sale agreement dated May 31, 2007 was concluded between the seller and the buyer. The money was paid by the Buyer to the Seller prior to the conclusion of the purchase and sale agreement dated 07/31/2007.
On October 26, 2022, the Court of Appeal of the Almaty City Court, having considered the civil case No. 2A-10197/22, decided to demand from JSC Halyk Bank of Kazakhstan, represented by the Almaty regional branch, an extract on cash flow on deposit accounts KZ...., KZ...., KZ...., belonging to S.I. N. indicating the date and the person who performed the withdrawal operation.
As a result, after examining the statements, we learned that the money that the Testator received from the sale of the house was not invested in deposit accounts. To this day, we have not received cash flow statements for all current accounts from the Bank.
Thus, the Bank is obliged to provide us with an account statement no. KZ...., KZ...., no.KZ...., as well as current accounts belonging to gr. S.I.N. unknown to us..
It should also be noted that in the KZ deposit account.... It is stated that on June 2, 2007, an amount of KZT 121,601 was transferred from the deposit account to an unknown current account. This amount of money was transferred 3 days after the sale of the above-mentioned house.
According to paragraph 1 of Article 113 of the Civil Procedure Code of the Republic of Kazakhstan, at the request of the party in whose favor the decision was made, the court awards, on the other hand, the costs incurred by her to pay for the assistance of a representative (several representatives) who participated in the process and is not in an employment relationship with this party, in the amount of the costs actually incurred by the party. For property claims, the total amount of these expenses should not exceed ten percent of the satisfied portion of the claim. According to non-property requirements, the amount of expenses is collected within reasonable limits, but should not exceed three hundred monthly calculation indices.
In accordance with Article 8 of the CPC, everyone has the right to apply to the court for protection of violated or disputed constitutional rights, freedoms or protected interests.
According to paragraph 2, art.70 of the CPC, the statement on the provision of evidence must indicate the evidence that needs to be provided, the circumstances of the case, for the confirmation or refutation of which such provision is necessary, data indicating that the presentation of the necessary evidence is difficult. The application must indicate the case for which it is necessary to provide evidence, the presentation of which was refused.
In accordance with Article 15 of the Civil Procedure Code of the Republic of Kazakhstan, the parties choose their position, ways and means of defending it independently and independently of the court, other bodies and persons during civil proceedings.
I would also like to inform you that fraudulent actions of S.A.A. against the property of gr. S.I. N. and her son gr. S.S.V. have been proven, which is confirmed by the Decision of the Bostandyndyk District Court of Almaty, case no.2-6124/7554/09 dated 15.12.2009
Based on the above and in accordance with paragraph 8, Article 50 of the Law of the Republic of Kazakhstan "On Banks and Banking Activities in the Republic of Kazakhstan",
I ASK THE COURT:
To demand forcibly from the Defendant of the Almaty regional branch of Halyk Bank of Kazakhstan JSC a statement of cash flow on all current accounts belonging to gr. S.I.N. with indication of the date and identification of the person who performed the operation of withdrawing funds from current accounts (personally or by proxy);
To recover from the Defendant of the Almaty regional branch of JSC "People's Bank of Kazakhstan" in favor of the Plaintiff S.S.S., the costs of paying the state fee in the amount of 1,725 tenge;
To collect from the Defendant of the Almaty regional branch of JSC "People's Bank of Kazakhstan" in favor of the Plaintiff S.S.S., representative expenses in the amount of 150,000 tenge.
With respect,
Lawyer: Sarzhanov G.T.
03/06/2023
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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