Statement on the establishment of the fact of termination of ownership of immovable property
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
from B/A.H. IIN: .......... address: Zhitikarinsky district, Prigorodnoye village, ul...., 9, sq. 2 cell. tel. 8-778-.....
Interested persons: Akim of the Zhitikarinsky district address: g. Zhitikar, ... tel. 20001
O.S.V. IIN ...... address: Zhitikarinsky district, a. Prigorodny str. M..., 4, sq. 2 cell. tel. 8-777-.....
Statement
on the establishment of the fact of termination of ownership of immovable property
I owned an apartment building at the address: Zhitikarinsky district, Prigorodnoye village, 4....., sq. 4. This house belonged to me and my brother B.B.Kh. and sister B.A.Kh. on the right of common joint ownership on the basis of a privatization agreement dated 12/20/1993. The specified house consisted of 4 apartments located in a 2-storey residential building. In addition to the house, we also owned a cold outbuilding, a barn, and a basement. In 2007, my sister B.A.H. sold our house to our neighbor O.S.V. and gave him all the title documents. In 2007, from O.S.V. I found out that based on the decision to legalize real estate, he re-registered our house for himself and included it in the total area of his house, with a new address assigned: Zhitikarinsky district, Prigorodnoye village, 4, sq. 2. However, in 2019, I learned that the ownership our house, which actually and legally belongs to O.S.V., was not excluded from the State database of registered rights (encumbrances) on real estate.
On this occasion, I contacted the Zhitikarinsky district office of the Department of Land Cadastre and Technical Inspection of Real Estate, a branch of the non–profit joint stock company State Corporation Government for Citizens in Kostanay region, to resolve the issue of registration in the legal cadastre of the termination of ownership of the (de jure) immovable property belonging to me. However, I received a letter in which I was denied the exercise of such a right. An employee of the legal cadastre recommended that I go to court and explained that, based on the court's decision, ownership of the above-mentioned apartment building would be terminated. There is no dispute about the right to the above-mentioned apartment building between O.S.V. and me. Currently, I intend to rent real estate from the state housing stock, but since the above-mentioned apartment building is registered to me by right of ownership, I fear that in the future I will be refused to rent real estate from the state housing stock, since I formally have housing. At the same time, I continue to be charged taxes on real estate that does not belong to me. According to the Normative Resolution of the Supreme Court of the Republic of Kazakhstan "On judicial practice in cases of establishing facts of legal significance" dated 06/28/2002: Courts may accept an application for establishing facts of legal significance and consider such cases in special proceedings if: according to the law (Part one of Article 305 of the CPC) such facts give rise to legal consequences (the emergence, modification or termination of personal or property rights of citizens or organizations); the applicant has no other opportunity to obtain or restore proper documents certifying the fact (Article 306 of the CPC); the current legislation does not provide for another (non-judicial) procedure for their establishment (Article 306 of the CPC); the establishment of a fact is not associated with the subsequent resolution of a dispute over the law under the jurisdiction of the court (part two of Article 304 of the CPC). Based on the above, I ask the court to: - establish the fact of termination of ownership of immovable property located at the address: Zhitikarinsky district, Prigorodnoye village, ul. ..., 4, sq. 4 at B.A.Kh.; - to demand from the Zhitikarinsky district office of the Department of Land Cadastre and Technical Inspection of Real Estate, a branch of the non–profit joint-stock company "State Corporation "Government for Citizens" in Kostanay region registration files for real estate located at the address: Zhitikarinsky district, Prigorodnoye village, ... str., 4, sq. 2; Zhitikarinsky district, Prigorodnoye village, St. . . ., 4, sq. m. Appendix 2: a copy of the state duty payment receipt, a copy of the identity card, a certificate of registered rights, a copy of the letter from the head of the legal cadastre, a copy of the decision on legalization, a copy of the technical passport, a copy of the land deed, a copy of the information certificate, a copy of the real estate certificate
O.S.V. 26.03.2019 B.A.
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
