The existence of a dispute with the owner of the property should not prevent the recognition of ownership rights due to the statute of limitations, if there are general grounds for good faith, openness and continuity of ownership.
The decision of the Shardara district Court of South Kazakhstan region, upheld by the court of appeal, satisfied the claim of Zh. on the recognition of ownership of the apartment. According to the case file, according to the privatization agreement, the apartment belonged to the K. family. After the dissolution of the marriage in 2004, the K. spouses disposed of the apartment through an oral transaction and handed it over to the plaintiff.
During the consideration of the present case, the spouse acknowledged the claim, the spouse objected to the satisfaction of the claim. However, it was reliably established in the case that the spouse intended to sell the apartment, for which she issued a power of attorney in which she authorized her husband to put the apartment's documents in order and did not object to the sale. There is a receipt for receiving the money.
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