Mrs. Armine Antonyan applied to Tavush AARC with request to support to restore her and her children’s ownership right.
She informed that she, her children and her parents were co-owners of the flat. She said that after the death of her parents her sister, Astghik Antonyan applied to the Court of General Jurisdiction of Tavush Marz of the RA with request to approve the fact of succession under will of their father. The Court of General Jurisdiction of Tavush Marz of the RA sustained the claim by the decision of 23.04.2008 and Astghik Antonyan became the only owner of the flat in case when the text of the will included the phrase “I bequeath the share of the flat that belongs to me…” and, in result Armine Antonyan and her children M. and O. Arzumanyans were deprived of their ownership right.
Applicant Armine Antonyan appealed the ruling. The Civil Court of Appeal of the RA satisfied the appeal and annulled the 23.04.2008 judgment of the Court of General Jurisdiction of Tavush Marz of the RA.
However prior to the ruling of the Civil Court of Appeal of the RA, Astghik Antonyan had sold the flat to another person A.G. In result Armine Antonyan and her children M. and O. Arzumanyans were deprived of right to possess, use and dispose their property on their discretion.
In May 2010 Mrs. Arpine Yeghikyan, advocate of Tavush AARC compiled an application on behalf of Armine Antonyan and her children with request to restore their ownership right that they had prior to the violation of their right, annul the state registration on ownership right of Astghik Antonyan; the agreement on purchase and sale of the flat, as well as the state registration of the property right on the name of A.G. which was based on the aforementioned Purchase and sale agreement; and to bind the corresponding authority to register the state ownership right of Armine Antonyan, her children M. and O. Arzumanyans on the 1/5 share of the flat each.
The Administrative Court of the RA dismissed the claim by its decision of 30.07.2010.
Advocate A. Yeghikyan appealed this decision. The Civil Court of Appeal of the RA satisfied the appeal by the ruling of 27.12.2010 and directed the case to the Court of General Jurisdiction of Tavush Marz of the RA for new trial.
The Court of General Jurisdiction of Tavush Marz of the RA satisfied the appeal on 23.03.2011 and thus restored the ownership right of three citizens.
The success story is borrowed from www.shpak.am.