The verbal refusal of the registering authority to register the rights to immovable property for the testator is recognized as illegal
B. the oral refusal of the Kordai District Department of Justice to register the right to immovable property was appealed. In support of the claims, it is indicated that by the decision of the Sarybulak rural district, her husband M. was issued a state act on the right of private ownership of the land. Subsequently, by an act of the acceptance commission dated June 10, 2009, the house built by the spouses on this land plot was put into operation. However, these documents were not registered with the Department of Justice, as M. died on September 17, 2009. When contacting B. She was verbally refused registration by the registration authority, due to the fact that, according to the submitted documents, the copyright holder is her deceased spouse. By the decision of the court of the Kordai district, the application was satisfied, the actions of the registering authority were recognized as illegal. The registration authority is responsible for registering the state act on the right of private ownership of a land plot and the act of the acceptance commission dated June 10, 2009 on the commissioning of a residential building with outbuildings built by the spouses, that is, the rights of the deceased M. for the specified real estate objects.
The verbal refusal of the registering authority to register the rights to immovable property for the testator is recognized as illegal
The court recognized the acquisition and construction of real estate objects during the marriage of the spouses as the basis for satisfying B.'s application. B., being the heir of the first stage, has the right, in accordance with the requirements of paragraph 3 of Article 1039 of the Civil Code and the Law "On Notaries", to exercise and protect personal non-property rights and obligations belonging to the testator, the existence of which does not cease with his death, on based on the certificate of the right to register the testator's non-property rights
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
