Application for invalidation of document in part. A sample of the claim for recognition of the will is invalid. perfect under the influence of delusion

In _________ federal court
_____________
Judge ______________

Plaintiff: ____________________________
publishing ___________, _______________ R-she

Respondent: 1. _____________________, Prog.
___________________________

2. Notary ___________________________
___________________________

3. Administration. __________________
___________________________

4. FGU "___________________" on the RD.
______________, ul.

Stakeholder: GUFRS on RD
___________________________

Statement of claim (counter)
On the recognition of the guidelines
documents are invalid.

In your work, there is a civil case under the claim ____________ to me, etc. On invalidation of the certificate of the inheritance invalid, as well as to establish the fact of acceptance of the inheritance.
In the course of consideration, it became known to me that after the decision of the court ____________ by the Federal Court of Justice __________ ___________ __________ I received a certificate of the right to inheritance on the law on ½ share of disputed home ownership, subsequently registered his right to state registration bodies, and Then through the administration of ___________ bought a land plot of _________ sq. m., where the house is located.
Currently, __________ on a disputed home the following documents were issued:
1. Certificate of the right to inheritance by law from __________ g., Issued by a notary _______________
2. Certificate of state registration of the right of __________.
3. Resolution of the administration G. _________ № ____ from _________ «On the provision of c. _________. In the property of the land plot. ______ square. m. on ul. _________, ___.
4. Cadastral plan from _________ № _____________
5. Certificate of state registration of the right of ____________
In this regard, in accordance with the requirements of Art. 137 Code of Code of Civil Procedure I declare counter requirements for the recognition of the above-mentioned guidelines invalid.
The basis for issuing a certificate of the right to inheritance by law from ___________ __________ notary ___________, as follows from the challenged certificate, it was the decision of ___________ of the Federal Court. _________ from ____________
Based on the specified certificate, the defendant issued a certificate of state registration of law.
In this document, a court decision of __________ and cassation definition No. ___________________________________________________________________________________
Meanwhile, the decision ___________ of the federal court from _________ and the cassation definition of the judicial board on civil cases of the RD from ___________ was canceled by the Decree of the Presidium of the Sun RD from ___________
Consequently, all the right-ending documents issued ___________, as issued on the basis of canceled judicial decrees are subject to invalidation.
According to the same grounds, the decision of the administration _____________ on the provision of land plot Aliyev to the entire land plot, the cadastral plan and the certificate of state registration of the right to the land plot should be recognized as invalid.
Taking into account the above, guided by Art. 167-168 of the Civil Code of the Russian Federation

ASK:
Recognize invalid: Certificate of the right to inheritance by law from __________, certificate of state registration of the right of __________ g., Decree of the administration G. __________ for № ____ from __________ g, cadastral plan from __________________________________________ Certificate of state registration of the right of _________ and records of registration of right No. _____________ ____ from _________ Г., № ___________ ____ Entitable for real estate and transactions with it.

Application:
Copy of the statement of claim.
Receipt about the payment of state duty.
The remaining documents are in the case.

________________

What if the documents do not accept, referring to errors in the name, patronymic or date of birth? How to prove that the document belongs to a person if typos or also have typos? Where to apply if the documents in the archive did not give up and find them impossible?

Download a sample application for a document belonging. Read recommendations on the preparation of the application and submit it to the court. Ask questions to a lawyer at a request to establish the identity of the document to a specific person.

In which cases the application is drawn up on the document belonging

Such a statement is submitted to the court in the order of special production, if the applicant's data are incorrectly indicated in the existing document. For example, an error in the employee names is made in the employment record. Or in the contract of sale, the name of the seller is incorrectly indicated. Most often there are problems with the letters "e" and "ё", "and" and "y".

The main condition for contacting the court is that it is impossible to correct in order to correct the error. The fact of the belonging of a specific document should have legal significance for the applicant. It is impossible to establish in such a matter the fact of the belonging of military documents, passports and the certificates issued by the authorities. For these cases, there is a different order.

Most often in this order establish the fact that the following documents are identified:

• labor book, certificates and orders from work;
• privatization contracts or purchase and sale of apartments and houses;
• diplomas about medium and higher education;
• certificates and orders on the right of ownership of land

Drawing and submitting an application for the establishment of a fact

Applications on establishing the fact of the document belonging to the district (urban) court at the place of residence of the applicant.

Interested parties on such cases, it is necessary to indicate citizens or legal entities, on the rights and legitimate interests of which will affect the court decision on the case. For example, according to the establishment of the fact of belonging to the contract for the sale of the apartment of the apartment by an interested party will be the seller (or buyer) of the apartment. According to the application for establishing the fact of the belonging of the employment record, it is necessary to indicate the local department of the Pension Fund of the Russian Federation.

The application must specify why an error occurred in writing the applicant's data, which is connected with. Qualitatively and competently issuing a statement will help familiarize with the basic rules for the compilation of the claim.

Sample application for establishing a fact

IN _________________________________
(Court name)
Applicant: _________________________
(FULL NAME, address)
Interested party: ______________
(FULL NAME, address)

Application to establish a fact

"___" _________ ____ ____ I received a document _________ (specify the name of the document in which errors or the bugs are made) in which errors (also) in my personal data are allowed _________ (specify which errors are allowed, which personal data is written with errors) .

According to the passport (birth certificate) _________ (specify detailed details of the document, the number, a series, by whom and when it is issued) My surname, name, patronymic sounds like _________ (specify the correct writing of the surname, name and patronymic).

I tried to solve the issue of correcting errors in my document _________ (specify which measures the applicant received to correct errors), but it was not possible to do this, since _________ (lead the reasons for the impossibility of corrections to the document).

Establishing the fact of the document belonging to me is necessary to me _________ (specify what it is necessary to confirm the fact of the personality of the document, where the applicant will apply with the court decision).

Based on the above, guided by articles -, the Civil Procedure Code of the Russian Federation,

To establish the fact of belonging to me _________ (applicant's phio) of the guideline document _________ (Name and main details of the guideline document).

The list of documents attached to the application (copies by the number of persons participating in the case):

1. Copy of statements
2. Document confirming the payment of state duty
3. The guide document (establish the belonging of which asks the applicant)
4. Documents confirming that the guidelines belongs to the applicant
5. Documents confirming that the applicant tried to make corrections in an extrajudicial order, but it failed
6. Copy of the applicant's passport (for a minor copy of birth certificate)
7. Other evidence confirming the basis of the application for the belonging of a guide document

Date of submission of the application "___" _________ ____ Signature of the applicant _______

Download Sample Application:

Dumb in the reality of the will left by a close man, you can challenge him in court. For this, it is necessary to apply to the court with a lawsuit on the recognition of the will invalid.

It is necessary to do it as soon as possible, despite the fact that this law is allocated for a law. It is best to meet for six months until the heirs specified in the contested will not receive a certificate of inheritance and did not dispose of them at their discretion.

In our article, we will tell about who can apply for the invalidation of the will, who should be attracted as a defendant, will also present to your attention a sample of the claim, compiled in accordance with the norms of current legislation and which you can download for free and without registration. .

In addition, we will consider the question of the need for appointment and examination of the cases under consideration.

Who can contact the claim and who the defendant

In which cases, the testament may be invalid we told.

With a claim for the recognition of the will invalidation, the rights and interests of which are violated by the existing testament may apply.

The circle of these persons includes:

heirs under the law;

heirs in the will, which was drawn up by the testator earlier and canceled by the disputed testament;

authorized state bodies in cases where the state could claim inherited property, it is fatal.

The defendants for these cases are the persons specified in the will as heirs or persons who have already taken inheritance.

Notary, who assured the signature of the testaulcher, is attracted as a defendant or a third party.

Appointment of expertise when recognizing the will invalid

Quite often, the testament is disputed in court on the basis of the fact that at the time of his committing the testator did not have legal capacity.

It is possible to establish this fact, only by examining its mental state at the specified point. Since the testator is no longer alive, then this can be done exclusively during the posthumous psychological and psychiatric examination appointed by the court.

In order for the Court to make a decision on holding this expertise, it is necessary to prove the need for its purpose.

For evidence, medical certificates are presented that the deceased in life took place in a narcological or psychoneurological dispensary, abused with alcoholic beverages, was distinguished by inadequate behavior.

In addition to medical documents, you can attract the testimony of witnesses who knew the testimony well.

During the examination, the psychological state of the testator is investigated at the time of signing the testament. According to the results of the examination, conclusion is drawn up and a detailed explanation of the expert, which may be crucial when making a judicial verdict on the invalidity of the will.

Psychological and psychiatric examination is appointed and carried out in accordance with the court order.

Sample of the claim for the recognition of the will invalid

The proposed sample of the claim for the recognition of the will is invalid by invalid, taking into account the requirements of the current legislation.

In the city court, Lyubertsy Moscow region

300410 Lyubertsy, ul. Mayskaya, d.16

Plaintiff: Lemeshheva Rimma Arkadyevna

pub: 300412 Lyubertsy, ul. Karbyshev, 16 square meters. 21.

Respondent: Snikov Alexander Matveevich,

pub: 300412 Lyubertsy, ul. Sedova, d.12, sq.211

Third person: notary of the third notarial

offer office Lyubertsy

Lapnikova Galina Alekseevna,

300415 Lyubertsy, ul. Nansen, 18.

Claim price: 6,000,000 rubles

STATEMENT OF CLAIM

about the recognition of the will invalid

On January 14, 2016, my father died - Kosov Arkady Nikolayevich, 11/16/1942 of birth, the death certificate of Pnov No. 342671 issued on January 15, the registry office of the registry office of the city of Lyubertsy.

After his death, an inheritance was opened, consisting of a two-bedroom apartment located at: Lyubertsy Moscow Region Zoneal Street, House No. 62, Apartment No. 127.

I am the only heir to the first stage by law.

After the death of the testator, I turned to the notary for the design of my hereditary rights and it became known to me that on August 28, 2015, my father was drawn up a testament, according to which all the property of the deceased was presented to the Blacks of Alexander Matveyevich, born in 1964. The testament was certified by the notary of the third notary office of Lyubnitz Ladpnika Galina Alekseevna.

Stoves A.M. It is not a relative of my father, earlier in the period of time from March 2015 to August 2015, he took a room in the apartment of the Father under the contract. On August 30, 2015, the term of the contract is expired, and the stoves of A.M. I left the father of my father, having taken your things.

In connection with the worsening of the health of the Father, I moved to him in his apartment and until his death was with him.

In the period of time since 2012, and before his death, my father suffered from some diseases associated with his old age. In early August 2015, the state of the Father began to worsen, in connection with which I decided to move towards him in order to care. Stoves A.M. From the apartment until August 30, 2015 did not travel, motivating this by the fact that the term of the contract did not end and he is looking for a new housing.

Since my father was an older person and suffered a number of chronic diseases, which is confirmed by the relevant medical conclusions, in the last year of his life his mental state worsened. His behavior indicated that he did not understand the meaning of his actions and could not lead them. In this regard, I turned to the psychoneurological dispensary of the city of Lyubertsy on the issue of the mental health of the Father. On October 1, 2015, he was examined, he had a mental illness, treatment was prescribed. It was recorded in the above dispensary, as there is a certificate.

I, my relatives, as well as neighbors who were familiar with my father, can give testimony in court regarding his state of health.

In connection with the foregoing, I believe that at the time of the testament in the name of the Stoves, Alexander Matveyevich, my father was not fully capable, and if he was capable, he was at the time of the testament in such a state when it was not capable of understanding the meaning of his actions or to manage them .

Thus, the specified will is invalid, as committed with violations of the requirements of current legislation.

In accordance with Article 1131 of the Civil Code of the Russian Federation, with violation of the provisions of this Code, entailing the invalidity of the will, depending on the basis of invalidity, the will is invalid by the recognition of his court (challenge) or regardless of such recognition (insignificant will).

I believe that the will of Alexander Matveyevich performed by the father in favor of the Stovesov, the requirements of Art. Art. 21, 177, 1118 of the Civil Code of the Russian Federation.

According to Art. 1118 of the Civil Code of the Russian Federation, it is possible to dispose of property in case of death only by making a testament.

The will can be committed by a citizen who at the time of its accommodation in full.

The testament is recognized on the basis of paragraph 2 of Article 154 of the Civil Code of the Russian Federation, articles 155 and 156 of the Civil Code of the Russian Federation one-sided deal, creating rights and obligations after the opening of the inheritance.

In accordance with paragraph 1 of Article 21 of the Civil Code of the Russian Federation, civilianship is the ability of a citizen with its actions to acquire and exercise civil rights, creating civil duties and fulfill them.

If the transaction does not comply with the requirements of the law, then it is negligible if the law does not establish that such a deal of claims, or does not provide for other consequences of the violation.

In accordance with paragraph 1 of Article 29 of the Civil Code of the Russian Federation, mental disorder, as a result of which a citizen cannot understand the meaning of his actions or lead them, is the basis for recognizing a citizen incapable.

According to paragraph 1 of Article 177 of the Civil Code of the Russian Federation, the transaction committed by a citizen, albeit capable, but at the time of its commission in such a state when he was not able to understand the meaning of his actions or lead them, can be recognized by the court invalid by the claim of this citizen or Other people whose rights or protected interests are violated as a result of its commit.

I believe that my rights and legitimate interests as the heiress of my father - Kosovo Arkady Nikolayevich are violated for the contested testament.

Based on the above and guided by Articles 21, 168, 177, 1118, 1131 of the Civil Code of the Russian Federation, Articles 131, 132 Code of Civil Procedure of the Russian Federation -

I ask the court:

To recognize an invalid testament made up by my father - Kosovo Arkady Nikolayevich in favor of the Stoves of Alexander Matveyevich and certified by the notary of Napnika Galina Alekseevna.

In the order of preparation for the trial, I ask to assist in the extermination of the Napnika Galina of Alekseyevsky, drawn up by Kosovo Arkady Nikolayevich in favor of the Stoves of Alexander Matveyevich.

To recognize me with the Lemesheme Rimma Arkadevna, 03.23.1951 born, ownership of the apartment located at: .g. Lyubertsy Moscow region Street Zonal, House No. 62, Apartment number 127.

Take measures to ensure the claim, putting the arrest on the apartment located at the address: Lyubertsy Moscow region Zoneal street, house number 62, Apartment number 127.

Applications:

Copies of the claim - 2

A copy of the death certificate of Kosovo Arkady Nikolaevich

Copy of the birth certificate Lemesheme Rimma Arkadyevna

Copy of Marriage Certificate

Extract from the history of Kosovo Arcadia Nikolaevich

Help of the psychoneurological dispensary

Copy of Help ITU on the establishment of a group of disability

Petition for the appointment of psychological and psychiatric examination

Certificate of state registration of the right to an apartment

Copy of the contract for the delivery of the room in Apartment No. 127 on the street Zonal, house number 62

Receipt of payment of state duty

Lemeshheva Rimma Arkadyevna

The challenge of the will in order to recognize it invalid is a special difficulty due to the fact that the trial occurs after the death of the main actor - the testator.

And to prove most often the behavior of this person during his life.

Often, the question of the appointment of various examinations, collecting a large number of evidence is solved. The plaintiff must prove in court the circumstances on which he refers, demanding to recognize the testament invalid.

Do this without having special knowledge and experience in the field of hereditary legal relations, it is hardly possible.

In this regard, it is possible to count on success and accepting a positive decision on your claim only if you have attracted to the collection of evidence and participation in the trial of experienced lawyers.

Judicial practice suggests that the real chances of success in contacting the court with a claim for recognition of the will are invalid, are available in cases where there is evidence that the testator suffered from mental illness, abused with alcoholic beverages or used narcotic drugs. Moreover, in some cases, narcotic substances can be part of drugs appointed by the doctor to facilitate the state of the patient person, but at the same time influence its mental state.

If there are medical documents, as well as testimony, confirming these facts, it is necessary to use them competently and timely.

Lawyers of our site, specializing in the protection of the hereditary rights of citizens, can do this at a high professional level.

On the participation of our lawyers in legal processes to recognize the wills in invalid and about the results of their work we will tell in the next article of our site.

1. Sample. Statement O. recognition invalid act state organ

   Claims, complaints, petitions, claims → Sample. The statement of claim for invalidation of the state authority

   Statement O. recognition invalid act state organ on the letterhead in the arbitration court organizations (Name, address) Date and ...

2. recognition invalid act state organ

   Claims, complaints, petitions, claims → Sample of November 30, 1995. The statement of claim for invalidation of the state of the state authority

   ... (bank details) Respondent: Ministry (name, address) and with to about in about e z recognition invalid act state organ In accordance with the order of the Ministry of NO. which was (H ...

3. Additions to the review of the statement of claim recognition Decisions of the General Assembly invalid (example)

   Claims, complaints, petitions, claims → Additions to the review to the claim for recognition of the decision of the General Assembly invalid (example)

   Izization, address) Respondent: (Name organizations, address) add-on to the review of the statement of claim recognition solutions of general meetings of shareholders (name of the joint-stock company) from "" 20 g. invalid ...

4. Sample. Statement O. recognition invalid Resolutions of the Board of Directors and Decisions of the Assembly held by Joint Stock Company ( example)

   Claims, complaints, petitions, claims → Sample. The statement of claim for invalidation of the Council of Directors and Decision of the Assembly held by the Joint Stock Company (example)

   To the district court of claimant: the defendant: (name organizations) statement about recognition invalid Resolutions of the Board of Directors (name organizations-Repligator) NO. from and decisions of the meeting from ...

5. Sample of November 30, 1995. The statement of claim recognition invalid act the defendant as the applicant violating the competence

   Claims, complaints, petitions, claims → Sample of November 30, 1995. The statement of claim for invalidation of the act of the defendant, as the applicant violating the competence

   Management, enterprises, organizations, institutions) (address) and with to about in about ez and about recognition invalid act The defendant as the applicant who violates the competence of the applicant was adopted (indicated ...

6. Statement O. recognition invalid Failure to state registration, recognition Property Rights and Registration Rights

   Claims, complaints, petitions, claims → The statement of claim for invalidation of refusal to state registration, recognition of property rights and registration of ownership

   Pos. district. District administration, address: g., ul. , Claim price: () Rubble Cop. Statement O. recognition invalid Failure to state registration, recognition Property rights and registration of property rights in ...

7. Sample. Statement O. recognition Marriage invalid

   recognition Marriage invalid Marriage with the defendant (TSY) was imprisoned by the registry office. After marriage, it turned out that from ...

8. Statement O. recognition Marriage invalid

   Claims, complaints, petitions, claims → The statement of claim for marriage invalidation

   Ena (specify the period). The defendant joined (entered) with me to marriage, without having intentions to create a family, with the goal (to specify a goal, for example, to receive registration). This is confirmed by the following facts (specify than exactly what exactly the respondent or about ...

9. Sample. Statement O. recognition Marriage invalid

   Claims, complaints, petitions, claims → Sample. The claim for recognition of marriage invalid

   (sample) statement of claim recognition Marriage invalid In the Intermunicipal People's Court of Pincetie: (F.O., Year of birth) Address: ...

10. Sample. Statement O. recognition marriage contract completely (partially) invalid

    Claims, complaints, petitions, claims → Sample. The claim for recognition of the marriage contract is completely (partially) invalid

    Court of the region (edges, republic) Plaintiff: (F.I., address) Respondent: (F.I.O., address) statement of claim recognition marriage contract completely (partially) invalid In marriage with the defendant (TSY), 20 g. The marriage treaty about our ...

11. Sample of April 12, 1996. The statement of claim recognition Marriage invalid

    Claims, complaints, petitions, claims → Sample of April 12, 1996. The statement of claim for marriage invalidation.

    Year of birth) Address: Respondent: (F.O.O., year of birth) Address: And with to about in about ez and me recognition Marriage invalid "" 20 g. I joined (a) with the defendant in marriage, which is registered in (name organ ...

12. Act Acceptance acceptance ( example) Recognition invalid Decision of the local administration on the seizure of the land plot in accordance with the decision of the administration ...
13. Sample. Statement O. recognition refusal to register joint stock company invalid

    Claims, complaints, petitions, claims → Sample. The claim for recognition of refusal to register a joint stock company invalid

    ... (F.I.O. or legal entity name) Respondent: District Administration (Cities) Claim recognition refusal to register joint stock company invalid By the decision of the Constituent Assembly from "" 20, on which ...

A citizen "A" appealed, which explained that a citizen of "B", who was his father and the father of his brother, died on 09.06.1995, a citizen of "B" died. After the death of his father, a citizen "B" sold a citizen "A" belonging to him part of the land plot, however, when executing a contract of sale, some errors occurred, as a result of which a citizen "A" could not fully dispose of the land plot acquired.

The lawyer, having studied the documents provided by the citizen "A", found out that in accordance with the certificates of the right to inherit the law issued by the notary, the heirs of the deceased citizen received 1/2 share of hereditary property, which consisted of a land plot of 0.08 hectares, belonging to the inheritant on the basis of a certificate of ownership of land.

Citizen "A" on the basis of a certificate of inheritance in the law certified by the Notary, received a certificate of ownership of land, where it was stated that it acquires the right of shared property to land with a total area of \u200b\u200b400 sq.m., which contradicted the testimony issued to him On the right to inherit the law, where it was indicated that the heir, i.e. A citizen "A" acquires 1/2 share of the land plot of 0.08 hectares of 0.08 hectares, respectively, in the certificate of ownership of land should be indicated in the column "Total area" not 400 sq.m., and 800 sq.m.

Citizen "B" on the basis of a certificate of inheritance to the law of certified by the Notary, received a certificate of ownership of land, where it was stated that it acquires ownership of land with a total area of \u200b\u200b400 sq.m., which contradicted the right-point documents issued to the citizen "A", as well as a certificate issued by a citizen "in" the law on the law on the law, where it was stated that the heir to tee. Citizen "B" acquires 1/2 of the land plot of 0.08 hectares of 0.08 hectares, respectively, in the certificate of ownership of land should be indicated in the column "Type of Law" Society, and in the column "object of law" not 400 sq.m ., And 800 sq.m.

On 23.06.1998, a contract for the sale of a land plot was concluded between a citizen "A" and a citizen of "B", according to which a citizen "B" sold the plot belonging to him (a share in the right) to a citizen "A".

Citizen "A" on the basis of a contract for the sale of land plot and the certificate of state registration of the right, as well as on the basis of a certificate of inheritance on the law and certificate of ownership of land, acquired ownership of the entire land plot with a total area of \u200b\u200b800 kV .m., Believing his father earlier.

Then a citizen "A" filed a package of documents at the specified land plot for setting the site to cadastral accounting.

However, in the cadastral taking into account the land plot, the Citizen "A" was denied, since the FGBU "Cadastral Chamber" drew attention to the fact that the certificate of ownership of land in which the land plot of a total area of \u200b\u200b400 square meters was indicated in the column "Total Square". m. Not consisted of a certificate of inheritance in law, in which 1/2 share from land plot with a total area of \u200b\u200b800 sq.m. was indicated as an object of law.

A citizen "A" learned about his violated right at the time of receiving a decision on the refusal to exercise cadastral accounting of changes in the object of real estate.

Citizen "A" could not realize his right to put on the cadastral accounting of the land plot, the size of 0.08 hectares, despite the fact that it was openly and unhindered enjoyed the above-mentioned land plot, paid all taxes and payments; There were no claims from other persons to this land plot.

The lawyer drew the attention of a citizen "A" to the fact that the advocating documents for the land plot correspond to reality, however, the empathizing documents (certificates of land ownership) contradict the rules.

Lawyer Polyak M.I. Analyze the problem that arose from a citizen "A" and advised him to apply to the court with a claim for invalidation of certificates of state registration of the right, partly invalid contract for the sale of land plot, excluding from the USRP record of registration of ownership, invalidation of information in the state Real estate cadastre, recognition of ownership of land and the obligation to make information to the state real estate cadastre on the land plot.

Statement of claim

Citizen "A" asked the lawyer Polyak M.I. Prepare a statement of claim and represent his interests in court.

Lawyer Polyak M.I. Its position in this case was based on the following legal norms:
- In accordance with Art. 218 of the Civil Code of the Russian Federation, the ownership of property that has owned, can be acquired by another person on the basis of the contract of sale, exchange, donation or other transaction about the alienation of this property. In the event of the death of a citizen, the ownership of the property belonging to him is inherited to other persons in accordance with the will or law;
- In accordance with Art. 59 RF RF Recognition of the right to the land plot is carried out in court. The court decision, established by the right to land, is a legal basis, in which the state registration authorities of real estate and transactions with it are obliged to carry out state registration of the right to land or deal with Earth in the manner prescribed by the Federal Law "On State Registration of Rights to Real Estate property and transactions with him ";
- In accordance with Art. 60 of the RF RF, violated right to the land plot is subject to recovery in cases: 1) by the court's invalidation of the act of the executive body or the act of local governments, which caused violation of the right to land. 2) unauthorized land plot. 3) in other cases provided by federal laws. Actions that violate the rights to land of citizens and legal entities or threatening their violations can be supplied by way: 1) recognition by invalid in court in accordance with Art. 61 of the RF RF, which are not relevant to the legislation of acts of the executive bodies of state power or acts of local governments. 2) suspension of the execution of the acts of the executive bodies of state power or acts of local government bodies. 3) suspension of industrial, civil and other construction, development of mineral and peat deposits, operations of facilities, agrochemical, sampling, geological and exploratory, search, geodesic and other works in the manner prescribed by the Government of the Russian Federation. 4) restoring the provision that existed before violation of the right, and suppress the actions that violate the right or creating a threat to its violation;
- In accordance with paragraph 1 of Art. 64 RF RF Land disputes are considered in court;
- In accordance with Art. 16 FZ "On State Cadastre of Real Estate" Cadastral Accounting is carried out in connection with the formation or creation of a real estate object, the termination of its existence or a change in the unique characteristics of the object of real estate or any of those specified in paragraphs 7, 10-21 of part 2 of Article 7 of the Federal Law "On State Cadastre of Real Estate" Information about the property.

The court's decision

The court, having familiarized with the materials of the case, agreed with the position of lawyer Polyak M.I. And despite the objections from the FGBU "Cadastral Chamber" and the Federal Service for State Registration, Cadastre and Cartography on the Moscow Region, satisfied the claims of a citizen "A" in full, by resolving the following decision:
1) to recognize invalidation of the certificate of ownership of the land plot issued by a citizen "A", to recognize invalidation of the certificate of ownership of the land plot issued by a citizen "B".
2) to recognize invalid the certificate of state registration of the right to a citizen "B".
3) to recognize invalid subparagraph 1.1 of clause 1 of the contract of sale of land and subparagraph 1.2 of clause 1 of the contract of sale of land plot, namely, in terms of reference to: ".... certificate of ownership of land issued by the land resource committee and land management, which is confirmed by the certificate of state registration ... ".
4) to recognize invalidation of a certificate of state registration of the right to a citizen "A" on the right of ownership of the land plot with a total area of \u200b\u200b400 square meters. m. and stop in a single state register of rights to real estate and transactions with it record about registration of ownership of the land plot.
5) to recognize invalidation of information into the state real estate cadastre on the land plot, with an area of \u200b\u200b0.04 hectares (400 sq.m.) and oblige the FGBU "Cadastral Chamber" to cancel information in the state real estate cadastre about the land plot.
6) recognize the ownership of the citizen "A" to the land plot, the size of 0.08 hectares (800 sq.m.).
7) To oblige the FGBU "Cadastral Chamber" to make information in the State Real Estate Cadastre on the land plot of 0.08 hectares (800 sq.m.).