Malicious notary actions canceled – the real estate returned to the owner

Адвокаты нашей компании помогли клиенту в кратчайшие сроки вернуть имущество, которое выбыло из собственности его покойной матери в связи с незаконными действиями "черного нотариуса"

Our lawyers have helped a client to quickly return the real estate that has been unlawfully taken from his late mother’s property against her will by a malicious notary, and receive a certificate of inheritance as secured by the law to such real estate.

In 2019, the client found out that the Kyiv Local Prosecution Office No. 7 had an ongoing criminal investigation with the indication of a committed criminal offence covered by para. 4 of Art. 190; para. 2 of Art. 15, para. 4 of Art. 190; para. 2 of Art. 364; para. 3 of Art. 28, para. 4 of Art. 358; para. 3 of Art. 28, para. 3 of Art. 358; para. 1 of Art. 358; para. 3 of Art. 15, para. 4 of Art. 190; para. 3 of Art. 28, para. 1 of Art. 365-2; para. 3 of Art. 28, para. 2 of Art. 365-2; para. 3 of Art. 28, para. 3 of Art. 365-2 of the Criminal Code of Ukraine, where one of the properties involved was a flat located in Kyiv and privately owned on the grounds of a sale and purchase contract by his mother who had died in 2006.

By the decision of a prosecutor made in one of Kyiv’s local prosecution offices, our client was recognized as a victim in the said criminal investigation.

While studying the criminal case materials, our lawyers have found out that, back in 2018, a private notary of the Kyiv City Notarial District certified a sale and purchase contract for the flat located in Kyiv and owned as a private property by our client’s now-deceased mother. The contract was signed between two unauthorized individuals based on a gift deed which had been allegedly certified by the notary in 2009.

However, the notary’s registration file contained neither the hard copies, nor the soft copies of that gift deed, while according to Kyiv Municipal Bureau of Technical Inventory, the disputed flat belonged as a private property to the client’s late mother as acquired through the sale and purchase contract in 2003, and there wasn’t any registration of the alleged title transfer to this property through the gift deed in 2009.

In September 2019, our lawyers filed a statement of claim to the court for recognizing as unlawful the actions on the certification of the sale and purchase contract taken by the private notary of the Kyiv City Notarial District and for invalidating the decision on the state registration of the rights and their encumbrances, and already in late November 2019, we received the court decision that took full effect on upholding the claim and helped the client receive his legitimate certificate of inheritance to the flat.

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