Statement of claim to the court against the Notary for familiarization with the materials of the inheritance case
To court no.2 Auezovsky district of Almaty
The plaintiff: _____________________ IIN _____________________
representative by proxy of SHA.P. Tel: 8 __________
Defendant: A private notary in Almaty _____________________
License no._____ dated __.08.19__
Issued by the Ministry of Justice of the Republic
of Kazakhstan, Almaty, 9 mkr, d.___, sq. __ Tel: 8____________
Statement of claim
__.01.20__ of the year we applied to a private notary _____________________ operating under the license of ________, this appeal has been registered №___________. In this appeal, we asked you to familiarize us with the materials of the inheritance case opened after the death of our father. ___________- _____________________. We were refused access to the case file due to missing deadlines for accepting the inheritance of the deceased on May 14, 2015, and the fact of accepting the inheritance was not proven.
These circumstances are established by the court!!! After reviewing and submitting an appropriate appeal to the court. The statement of claim to the court against the Notary was accompanied by a copy of the birth certificate (the original is with us, but no one wanted to get acquainted with it), which certainly proves the degree of kinship and the right to get acquainted with the inheritance file. At the same time, the notary refuses on the grounds that copies of the attached documents do not prove that, _________ she is an heiress, which contradicts Article 1061 of the Civil Code of the Republic of Kazakhstan, "First of all, the testator's children, including those born alive after his death, receive equal shares of inheritance by law, as well as spouse and parents of the testator" Having a family connection, Nussupova is a daughter, gives her the right to claim a share in the inheritance, and since she is the probable heir, she has the right to get acquainted with the inheritance file after the death of her father. Notary Public _____________________ operating on the basis of a license ___________, she unlawfully refused to get acquainted, thereby violating the rights of the heiress. _______________.
Statement of claim to the court against the Notary for familiarization with the materials of the inheritance case
Earlier, we filed a complaint with the DOJ of Almaty. According to the response dated __ February 20, we were advised to apply to the court to resolve this issue. Civil rights are protected by the court, Article 9 of the Civil Code of the Republic of Kazakhstan. Based on the above, guided by Article 31 of the ZRK "On Notaries", Article 9 of the Civil Code of the Republic of Kazakhstan, Articles 148-150 of the CPC; I ASK YOU to oblige the notary __________________ introduce _____________________ to acquaint with the inheritance case _____________________ The application is in copies:
Notary's response,
DU's answer,
Birth certificate,
Marriage annulment certificate,
Attorney,
Diploma,
Identification card,
Receipt of payment of the state duty.
Representative by proxy _________________
Attention!
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