We told this story a year ago. The court demanded Tatyana from Minskanka and her four-year-old daughter to release a legitiously purchased apartment where the woman managed to make repairs. The notarium mistake was the mistake of the notary - a young girl who did not see at the design of the inheritance in his inattention that the apartment was previously tested to another person. After the publication of the article, the case visited the Supreme Court and was sent to a new consideration. Meanwhile, the heir to the will contacted the edition. She is perplexed: why did people find out the relationship in court at all involved in someone else's mistake? And who will eventually be responsible?
Error came out
Recall how events developed. In 2016, Tatiana buys a small two-handle in the old house on Kizhevatov Street in Minsk. Apartment in depressing condition, but the price is too attractive - $ 35,000 at the rate. The seller is the man named Mykola, who recently released from prison. Accompanies the deal agency of real estate "Molnar". Realtors assure that the apartment is legally clean, help with the design of documents, take $ 1,000 for their services. A month after the transaction, Tatiana comes home and finds a note on the door with the phrase "This apartment is not for sale."
The trial opens the shocking truth. It turns out that a two-room apartment for Kizhevatov belonged to an elderly woman, Antonina Petrovna, who in 2005, a few years before his death, took an apartment with his niene Ninea Mikhailovna. Thus, Nikolai (Son Antonina Petrovna, who was sitting in prison) was left without inheritance. Nina Mikhailovna refers to the notarial office No. 2 of the Oktyabrsky district of Minsk with a statement about issuing a certificate of law on the inheritance. True, she does not take a certificate for hands and for many years does not make an apartment in the property.
In 2016, Nikolai comes from prison and turns to the same notarial office, where he is given a certificate of the right to inheritance as the nearest relative of the deceased mother. There is a rock mistake here - when issuing a document, notary did not see that eight years ago, the hereditary case was already headed for Nina Mikhailovna, the cousin of Nicholas. Soon on the rights of the owner, a man sells an apartment Tatiana, and what happened further - we already know.
Supreme Court: Violated the rights of a conscientious acquirer
In 2019, the court of the Oktyabrsky district recognizes invalid the testimony of Nicholas on the right to inheritance. According to the chain, the contractual sales and registration of the transfer of ownership of Tatiana are also invalid. The ownership of the apartment is recognized as Nina Mikhailovna in the order of inheritance by the will. A little later, the urban court leaves the decision of the district.
Then there was an opinion of the story on Onliner. And now, unexpectedly, Deputy Chairman of the Supreme Court Andrei Bunk makes a protest, which indicates: Tatiana's rights are violated as a conscientious acquirer. The case is sent to the revision. In November 2020, the court of the Oktyabrsky district announces a new decision: to refuse Nina Mikhailovna in claims. This means that the apartment remains for Tatiana, no one with her daughter is evaluated from legally purchased housing. True, the victory is to celebrate it too early. Ahead is still the Minsk City Court.
"Want for my back to quickly turn the deal?"
And what is the heir to the will? A year ago, we could not find Nina Mikhailovna, but in the published article promised to give her a word if she deems it necessary to contact journalists and set out its version of events. And recently, the woman herself came to the editor. She told why in no hurry to register the right of ownership and that it seems strange in all this story.
- Antonina Petrovna, the mother of my cousin, often repeated that Nikolai was not good. Contact some sect. Of course, she worried that the son could stay without a roof above his head. Therefore, I decided to go away from sin to my name. She was so calmer. Agreed that Nikolai will live in this apartment as he wants, but under my supervision. And he, of course, knew about this agreement. Antonina dies in November 2008, and in February Nikolai is in prison.
Now about why I did not make an apartment in the property all these years. You see, Nikolai sat for the murder. I did not want him to think that I decide some questions for his back. I thought it would come out, we go to the notary together, we will issue the right to inheritance - let him see that I did not hide anything. I have previously asked the notary when it is necessary to place an apartment in the property. And the answer was followed: "The law is not established by law, it can be done at least 100 years."
In February 2016, Nikolay is coming from prison. On August 17, I write us into a notarial office. And then I find out that the apartment has already been sold. Without consulting with me, in June he himself went to the notary and issued the right to inheritance as the closest relative of the deceased mother. Without checking the information in the book of hereditary affairs, the notary mistakenly issued a certificate.
To make an apartment, Nikolai left somewhere in the Grodno region, bought a village house there. I tried to contact the buyer of the apartment, left a note on the door with the phone number. Called to the real estate agency. I warned them that the apartment was controversial that it was impossible to sell it. I was told: "Yes, a mistake came out, but you don't worry, we will settle the question." And I calmed down. But there was time, no one contacted me, and when the limitation period approached the end, I decided to apply to the court.
In conversation with us, Nina Mikhailovna talks about the strange circumstances of the sale of the apartment.
- Separated for $ 35,000. It turns out $ 886 per meter, while the average price of the city at the time was $ 1192. Why so cheap and what is such a hurry? Want for my back to quickly turn the transaction? Isn't that saying that Nikolai knew about the will on my name, but hid this fact from the buyer? The second point: Is the agent and the buyer have no question of who throughout the time that Nikolai was in prison, paid utility services, made payments for the current repair of the house?
In the real estate agency "Molnar" the situation has already been commented. Like, they could not know about the second heir. Realtors have no access to hereditary affairs, so I had to rely on the notary. Then why these conversations about "full check of the apartment" and some guarantees of the purity of the transaction?
But more questions from Nina Mikhailovna not even to the real estate agency, but to the notary of the notarial office No. 2 of the October Area:
- A specialist who made a mistake was separated by reprimanding at work. It turned out that in court, people argued with each other, who because of this very mistake suffer. Why does the court have no questions for a true perpetrator?
Payment of insurance: and first prove the damage
What about insurance payments? In Belarus, each notary necessarily concludes a civil liability insurance contract in case of damage to third parties as a result of an error. Limit of responsibility is at least thousands of basic quantities. Moreover, the Belarusian Notary Chamber concludes an additional insurance contract for the amount that exceeds 1000 basic. Insurance payments are possible if the court will cause a causal relationship between the actions of the notary and damage to harm.
In 2017, Nina Mikhailovna appealed to Belgosstrakh. The court recognized the professional carelessness of the notary, which caused a violation of property rights, but refused to pay. We will quote the definition of the judicial board: "The amount of harm to the property rights of the victim is determined in the amount of the amount of expenses incurred by the victim to restore violated law. The plaintiff did not provide the court of evidence that it suffered the costs of restoring violated rights, and therefore came to the conclusion about the lack of grounds to recover the amount of insurance compensation. "
This is how Chairman of the Minsk City Notary Chamber of Elena Methelskaya commented on the situation:
"The insurance of civil liability, as well as insurance in general, is the relationship that is strictly and clearly settled by law, because it is about compensation for damage. In the situation described, the notary activity was insured, as the law requires. But that the insurance mechanism earned, the fact of causing damage to property and its size should be established by the court.
In general, if we talk about the insurance of a notary, the last two years on the initiative of the Belarusian Notary Chamber was seriously carried out to improve this method of protecting the interests of customers. Thus, from January 3, the renewed law clearly spelled out the grounds and limits of the notary's liability, simply speaking - concrete actions (or inaction) of the notary, for which he is responsible, including the insurance covered, and the requirement for the size of the insurance amount under the contract. As before, the Belarusian Notary Chamber is with an insurance organization, an additional insurance contract for the case, if the insurance indemnity under the contract of a specific notary will not be enough. To obtain insurance, the fact of causing harm by the notary and its size, as before, is established by the court.
A very important change was touched by the limitation period for submitting the requirement to the payment for the payment of insurance compensation. This period has increased from three to ten years (which are calculated from the day when the notary caused harm to customer property, i.e. since the day of the insured event). It is also important that the application for payment of insurance The client can also submit for ten years. In insurance, the cases of establishing such long deadlines are exceptionally rare, but these changes were adopted, taking into account the importance of issues with which people come to the notary. "
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