The appeal of the inheritance case
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To the Appellate Judicial Board of the Amatinsky City Court
Plaintiff: T. B. Zhandos, born on 08/13/1982, lived:
Almaty, 5/89 Zharokova St., mobile 8 707
THE APPEAL
on the decision of the Almalinsky district Court of Almaty dated 10/25/2018
By the decision of the Almaly District Court of Almaty dated 10/25/2018, my claims for recognition of the will and the certificate of inheritance rights were denied. My cousin Maya Kanatovna Toshenova, who owns a studio apartment located at 56/74 Seifulina St., Almaty, died on December 18, 2016. On February 10, 2018, at the place of opening the inheritance, A. Kashenova, a notary in Almaty, submitted an application for a certificate of inheritance through my representative. The inheritance included a studio apartment belonging to the deceased, worth 6,000,000 (six million) tenge, according to the report of the appraisal company. Appeal in the inheritance case On June 10, 2018, my representative arrived at the notary A. Kashenova to accept the inheritance, but it turned out that the notary had a will on behalf of Tashenova M., dated September 05, 2016, according to which the above apartment was bequeathed in favor of Shayakhmetov Shayakhmet Asset, the defendant in the present case. On the same day, the notary issued Sh.A. to Shayakhmetov. a certificate of inheritance, for which he later registered ownership of the specified apartment in the PSC.
According to paragraphs 1,4, paragraph 1 of Article 427 of the CPC RK, the grounds for revoking or changing a court decision on appeal are: 1) incorrect definition and clarification of the range of circumstances relevant to the case; 2) violation or improper application of substantive or procedural law. I consider the decision of the court of first instance to be illegal and unfounded on the following grounds: When making the decision, the Court incorrectly determined and clarified the range of circumstances relevant to the case. According to clause 1 of Article 1050 of the Civil Code of the Republic of Kazakhstan, a will must be made in writing and notarized, indicating the place and time of its compilation. However, Sh.A. Shayakhmetov, referring to the painful condition of M.K. Toshenova, explained that the will was signed on behalf of M.K. Toshenova by witness N.N. Gizatalova. Meanwhile, on the day of signing the will, M.K. Toshenova's state of health did not create obstacles for her to personally sign her own will. According to the medical documents available at the State Clinical Hospital No. 11, M.K. Toshenova. She was treated for heart failure, according to the act of the CME, the cause of death is also heart failure. There were no diseases preventing the handwritten signature of the will by the attending staff. A subjective assessment of the "state of health" by the defendant and the witness who signed the will is not a reason for violating Article 1050 of the Civil Code of the Republic of Kazakhstan, which provided for the mandatory handwritten signature by the testator when notarizing the will.
Appeal in the inheritance case In accordance with paragraph 1 of Article 157 of the Civil Code of the Republic of Kazakhstan, in case of violation of the requirements for the form, content and participants of the transaction, as well as for the freedom of their expression, the transaction may be declared invalid. For the reasons outlined above and by virtue of paragraph 1 of Article 158 of the Civil Code of the Republic of Kazakhstan, the will made on behalf of M.K. Toshenova is invalid. Consequently, the certificate of inheritance dated June 10, 2016, issued under this will to the defendant by notary Koshenova A., is also invalid. 1063 of the Civil Code of the Republic of Kazakhstan, as a cousin, I am the heir, M. Toshenova has no other heirs.
According to paragraph 3 of Article 424 of the CPC RK, the court of appeal has the right to reverse the decision of the court of first instance and make a new decision. Thus, the legislation provides for all grounds for recognizing a will and a certificate of inheritance as invalid. Based on the above and in accordance with Articles 157, 158, 1050, 1063 of the Civil Code of the Republic of Kazakhstan and Articles 427, 424 of the Civil Code of the Republic of Kazakhstan,
Note: The decision of the Almaly District Court of Almaty dated 10/25/2018 to cancel and make a new decision on the recognition of the will and certificate of inheritance invalid due to violation of the requirements of paragraph 1 of art. 157 of the Civil Code of the Republic of Kazakhstan.
Appendix: a copy of the appeal, a receipt for payment of state duty, a copy of the decision of the Bostandyk District Court of Almaty dated 10/25/2018
The plaintiff ____________/ Toshenova B.J. "___"____________2018 the year
Sincerely, Lawyer: ________________/Sarzhanov G.T. "___"___________2018 the year
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