Serzhik Pogosyan filed a claim to the Administrative Court of the RA against A.Shaboyan, the Notary Public of Kentron Notary Office of Yerevan, with request to recognize invalid the Certificate on Inheritance Right provided to a third person: Styopik Poghosyan.

The claimant informed that in 2005 pursuant to the requirements of Article 1188 of the RA Civil Code, he applied to the central Notary Office of Yerevan and inherited his mothers’ L Tovmasyan’s legacy. The cooperative apartment was registered as the legacy. His father, Samvel Pogosyan, was the shareholder of the flat and all the shareholder’s payments were completely covered in 1984.

Pursuant to Article 201 (1) of the RA Civil Code, “Property gotten by spouses during marriage is in their joint ownership.”

According to the Cooperative list 1 provided by the regional soviet of 26 Commissars of Yerevan, the mentioned flat was provided to the family consisting of five persons of Samvel Poghosyan and Lusine Tovmasyan, and their three sons Styopik Poghosyan (plaintiff), Serzhik Poghosyan (respondent), and late Slavik Poghosyan. The flat was provided in compliance with the joint order #28 which was issued on 01.01.1972.

Samvel Poghosyan and Lusine Poghosyan, the parents of the parties to the case, were the shareholders of the mentioned above flat.

On 27 November 2009, Emma Shaboyan, Notary Public, provided a Certificate on Inheritance Right on the whole flat to the Styopik Poghosyan, as an heir of Samvel Poghosyna’s legacy.

In addition the case investigation revealed that Serzhik Pogosyan had left the flat in dispute and was registered in another address. Their parents and Styopik Poghosyan’s family stayed registered in the flat.

Actually Serzhik Poghosyan cannot inherit his mother’s legacy after her death, as he was not living in the flat since 1991. In addition the case lacks evidences that Serzhik Pogosyan had undertaken any steps or measures to protect his property form claims of the third persons, neither he paid fees for the maintenance of the property or the paid his parents’ debts or received sums that other persons owed to his parents.

The Court confirmed the fact of providing the Certificate on Inheritance Right to S.Poghosyan on 27.11.2009 by Notary Public E. Shaboyan (registered in the registration book registration number 12277), and confirmed that the Certificate was provided in compliance with the requirements of the RA Law on Notary service and the RA Civil Code, thus the legal grounds for considering the certificate invalid were missing.

Thus the Court decided to dismiss the claim.

Source: Iravaban.net