A positive decision by the lawyers of “Kasyanenko and Partners” in a difficult case: the ownership right to the apartment in the capital was restored
In a complex legal battle for real estate rights, the Kasyanenko and Partners law firm, known for its unparalleled experience in the field of legal services in Kyiv, was able to win a significant victory. The decision of the state registrar of the Communal Enterprise “Registration Center for Real Estate and Business Registration” Mutaillamov Shamil Akhmedbashirovych was recognized as illegal and canceled in favor of the bureau’s client. This case was another confirmation of the professionalism and efficiency of lawyers from “Kasyanenko & Partners”, in particular in cases involving complex aspects of registration of rights to real estate.
Details of the case and its significance
A noteworthy case reveals important aspects of mortgage law and real estate registration. It includes a dispute regarding the ownership of an apartment, during which the bureau’s lawyers examined in detail the current legislation, in particular part 2 of Article 37 of the Law of Ukraine “On Mortgage”. According to the law, the mortgagee acquires the right of ownership of the subject of the mortgage, but such acquisition must be fair and in accordance with the established assessments of the value of the real estate.
The central figure of the dispute was an apartment in Kyiv, at ADDRESS_1, which was the subject of a mortgage agreement between PERSON_1 and PERSON_2. The claim was based on the fact that the state registrar committed illegal actions by registering the title without properly determining the value of the real estate. The absence of an assessment of the apartment, which is a mandatory condition by law, led to the need to cancel such a decision.
Lack of property assessment as a basis for cancellation of illegal registration
The lawsuit was satisfied, recognized as illegal, and the decision of the state registrar of the Communal Enterprise “Registration Center for Real Estate and Business Registration” Mutaillamov Shamil Akhmedbashirovych on the state registration of rights and their encumbrances was canceled.
In today’s world, where ownership and land relations occupy a key place in socio-economic life, the importance of accurate and fair real estate valuation cannot be overstated. The case considered by the court highlights a key problem that arises when registering rights to real estate without proper documentary evidence of the value of the object being transferred.
The basis of the conflict is the lack of a report on the valuation of the disputed apartment at the time of its alienation. This omission creates a significant legal conflict, as compliance with appraisal procedures is critical to ensuring fairness and legal certainty in real estate dealings.
The court, having examined the submitted documents and the factual circumstances of the case, came to the conclusion that the defendant PERSON_2 did not fulfill the requirements of the law regarding the accurate assessment of the real estate value. Such negligence is a serious violation of both legislative acts and the rights of other parties to the agreement.
The court’s decision to invalidate the state registrar’s decision is a landmark act that emphasizes the importance of following legal procedures in real estate. This reinforces the idea that property rights must be protected by law and all procedures must be strictly followed to prevent any abuse.
The assessment of the value of real estate, carried out by the subject of assessment activity, is not just a formality; this is a fundamental step that ensures the fairness and equality of the parties to the agreement. An incorrectly conducted assessment can lead not only to legal conflicts but also to significant financial losses for one of the parties.
Justice in this situation is achieved not only through the recognition of the violation but also through the restoration of the correct state of affairs, that is, the cancellation of illegal decisions and the restoration of the legal rights and interests of all participants. This decision serves as a reminder of the steadfastness of the legal system and that no one is above the law.
Thus, the court decision is a clear example of the importance of following appraisal procedures in real estate. It asserts the principle that legal clarity, fairness, and accuracy in dealing with real estate not only protect the rights of individuals but also serve as a basis for stability and trust in society.
Conclusion and perspectives
Thanks to the qualified work of Kyiv lawyers from the “Kasyanenko and Partners” law firm, the client was able to get the wrongful decision of the state registrar canceled. This case became another indicator of the importance of access to qualified legal services and the need to protect rights and interests in real estate. We are proud of the opportunity to serve as a defense of our clients’ interests, defending justice and law.
To cancel the illegal registration of ownership rights to an apartment and to protect ownership rights, a lawyer may need the following documents:
- Sale contract or apartment rental contract.
- Identity card (passport, ID card, etc.) of the apartment owner.
- Documents certifying ownership of a share or full apartment (for example, a certificate of ownership, certificate from registers, etc.).
- Documents confirming the fact of illegal registration (for example, a court decision, a protocol on violation of registration rules, a report on the commission of a crime, etc.).
- Evidence confirming the illegal nature of the registration (for example, witness statements, investigation materials, photo or video evidence, etc.).
- Other documents that may be important for a specific situation (comments, objections, statements, expert opinions, etc.).
It is important to remember that the court may request other documents or materials when considering the case. A suitable lawyer will be a reliable partner who will help you prepare all the necessary documents and correctly present your case before the court.
Content of the court decision
https://reyestr.court.gov.ua/Review/117589599
