Mrs. SH.A., beneficiary of Tavush AARC is citizen of Ukraine and has not been in Armenia during the past 10 years. On 16.01.2011, she returned to Armenia and found out that her sister A.A., had taken the advantage of SH.A.’s absence and applied to the Court of General Jurisdiction of Tavush marz with request to recognize invalid Mrs. SH.A.’s property right certificate for the house and the land plot. By the decision of 09.07.207 the Court of General Jurisdiction of Tavush marz met the claim without involving Mrs. Sh.A. in the case.
Further, A.A applied to the Court of General Jurisdiction of Tavush marz with request to approve the fact of her possession of the house, which was registered in the Real Estate Cadastre on the name of Mrs. Sh.A. On 27.01.2008 the Court of General Jurisdiction of Tavush marz hold a decision, which approved the fact of possession of the house and the land plot by A.A. The case was again heard in the absence of Mrs. Sh.A.
On 04.02.2011, in order to get acquainted with the case and to prepare the further activities, advocate Mrs. Arpine Yeghikyan, applied to the Court of General Jurisdiction of Tavush marz with request to provide the copies of the documents and all other papers that were related to both civil cases. A request to the Regional Department of the State Cadastre was made as well with requirement to provide information that was necessary for the protection of Mrs. Sh.A.’s rights and interests.
Advocate Mrs. Yeghikyan compiled applications for retrial against the two decisions of the Court of General Jurisdiction of Tavush marz. The RA Civil Court of Appeal met both claims. The decision on recognizing the property right invalid was annulled and sent for a new trial. The decision on recognizing the right of possession of the property was annulled and Mrs. A.A.’s application was denied.
A new trial on the case to recognize the certificate of property right invalid was held in the Court of General Jurisdiction of Tavush marz, and the court discontinued the case by its decision of 02.09.2011.
In result of the court proceedings the decisions, which were grounds for violation of Mrs. Sh.A.’s property right were remanded and thus the grounds for such violation were eliminated.
The success story is borrowed from www.shpak.am.