DISPUTES RELATED TO THE POWER OF ATTORNEY (TERMINATION, INVALIDATION)
A power of attorney, by virtue of Article 167 of the Civil Code, is a written authorization from one person (principal) for representation on his behalf, issued by him to another person (attorney).
Thus, Atyrau SMES returned the claim of the individual entrepreneur Utepbergenova Gulnar Mukhitovna to the limited liability partnership Aktau Shipping, the Department of Customs Control in Atyrau region for the recognition of power of attorney No. 9882 dated November 12, 2013 invalid to the plaintiff in connection with non-compliance with the requirements of art.150 CPC.
The basis for the return of the waivers in both cases was the will of the plaintiff, therefore, the courts correctly applied the norms of paragraph 9st.249 of the CPC RK.
Thus, the court of the Turksib district of Almaty dismissed the claim of Olga Viktorovna Marenkova against Alexander Andreevich Marenkov, Ekaterina Anatolyevna Kalimbetova, and the notary Altayeva Miramkul to invalidate the power of attorney and the purchase agreement.
The plaintiff motivated her claims by the fact that her father Marenkov Viktor Andreevich, after the death of his father Marenkov Andrey Dementievich on February 01, 1990, became the owner of three-quarters of the shares of real estate (housing and land) located at 38 Nekrasova St., Almaty, and a certificate of inheritance dated 06 June 2006.
Being a disabled person of the second group and registered at the Mental Health Center, Viktor Marenkov and his brother Yuri Marenkov, who owned a quarter share in the property, on May 23, 2006, drew up and issued a power of attorney addressed to E.A. Kalimbetova for the purchase and sale of a house with a plot of land at the above-mentioned address. Based on this power of attorney, Kalimbetova E.A. on July 02, 2007, alienated real estate in the name of Marenkov Alexander Andreevich, who is the brother of Victor and Yuri.
The court dismissed the claim because it found that the plaintiff was asking to invalidate transactions that she had never entered into, that is, she was not a party to the transaction, and was also filing a lawsuit not in the interests of her father.
The court concluded that she could not be a proper plaintiff in the civil process of the statement of claim for invalidation of the power of attorney and the contract of sale. The court found that the seller in the contract of sale dated July 02, 2007 is Marenkov Viktor Andreevich born on July 24, 1954, now alive, who, under certain conditions, concluded a deal with his brother Alexander Andreevich Marenkov.
During the entire period of validity of the above-mentioned agreement, the parties had no complaints about its commission. Marenkov Viktor Andreevich never demanded payment of the amount for the house, because he continued to live in the house and his property status has not changed, and Marenkov Alexander Andreevich still supports his brother, pays for his treatment and ensures his accommodation in the house.
The decision was not appealed in the appeal and cassation proceedings.
The Medeu district court of Alamata satisfied the claim of Asimova Khalidam Ilakhunovna to Mekerova Raya Suleimenovna, Koldybayeva Sania Vladimirovna, notary Balabieva Aigul Asetovna for the recognition of the power of attorney and the gift agreement as invalid.
The plaintiff motivated her claims by the fact that she and Tambiev Kh.Kh. lived together without marriage from 1994 to 2003 at the address gor. 26 Akhtanova St., Almaty. On 08.02.1998, she gave birth to her son Ruslan, as indicated in the book of registration of acts on establishing paternity, entry No. 30-322-11-0000289 dated 28.11.2011 was made. According to the certificate of inheritance right under the law dated 04/24/2012, issued by notary Z.S. Azhimova, the heir to Tambiev H.H. for a half share of the inherited property is his son Tambiev R.H., born on 09/11/1973.
During his lifetime, Tambiev H.H. acquired the following property: a house building located at the address: gor. Almaty, Akhtanova str., 26/8 and an apartment at the address: gor. 59 Zhibek Zholy St., 51 block, Almaty.
However, the above-mentioned apartment was alienated by R.S. Mekerova under the donation agreement dated 07/19/2011 on the basis of a power of attorney dated 07/17/2011 issued by H. Tambiev. in the name of Kaldybayeva S., i.e. 11 days before the death of Tambiev Kh.
The main regulatory legal acts regulating relations on the recognition of invalid (valid) and termination of powers of attorney are
The Constitution of the Republic of Kazakhstan,
The Civil Code of the Republic of Kazakhstan (hereinafter CC),
The Civil Procedure Code of the Republic of Kazakhstan (hereinafter CPC),
The Law of the Republic of Kazakhstan "On Notaries", (dated July 14, 1997 No. 155),
The Law of the Republic of Kazakhstan dated July 26, 2007 "On State Registration of rights to immovable property" and others
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