Articles 46, 47, and 48 of the Registration Law do not imply the lack of influence and invalidity of the ordinary peace document of immovable property.
Final vote date:
10/30/1391
Final vote number:
9109970221701559
Issuing authority:
Branch 17 of the Court of Appeal of Tehran Province
primary vote
About Ms. M.S. and Mr. R.M. With the subsequent representation of Mr. A.A. On behalf of Mrs. A. and Mr. A.A. and ladies F. and A. All of them are famous. According to the request of the readers, the representative of their heirs is required to appear in the notary office and draw up an official peace document regarding their share of the inheritance from two common dongs of six dongs, one chapter of the shop, registration number 27195, sub of 6933, Marfooz, 1299 Farghi of the main section of Tehran, 2, including Ain. And the interests and rights of business, profession and trade, functions and legal attachments amounting to 51,000,000 rials. Considering that the objection and the validity of the sealed order of the first and second tier readers, considering that the documented opinions of the lawsuit, which were also submitted as evidence of the petitioners, were supposed to be subject to the objection of the sealed order, and not the verdict, therefore, the objections are rejected, and on the other hand Considering that the claims of the petitioners are based on the normal settlement letter dated 11/28/82, which is in accordance with the provisions of Articles 46, 47 and 48 of the Real Estate Registration Law, the registration of documents related to immovable property, including the settlement of those rights, is mandatory and the documents of Tari in Courts are not admissible, and the peace document is a document of a normal lawsuit, which is not in accordance with the law as the reason for the ownership, according to the explicit articles of the document. Therefore, the court did not consider the plaintiffs’ claim to be in accordance with the law and issued an order rejecting their claim and announced that the order issued within twenty days after the notification date can be appealed in the honorable appeal courts of Tehran province.
Judge of Branch 30 of Tehran General Legal Court
Judgment of the Court of Appeal
Regarding the appeal of Ms. M.S. and R.Q. With the representation of Mr. A.A. and M.S. On behalf of A., A., A., F., A. All of them Regarding the ruling No. 445 dated 5/9/91 issued by the honorable branch 30 of the Tehran General Court of Law, according to which the initial claim of the appellants was rejected, according to the demand of the appellants to appoint a representative from the heir of the deceased R.Q. Attending the notary office and preparing the official document of the peace agreement regarding two shared dongs from the six dongs of Ain and the interests and rights of business and profession and trade of one chapter of the shop under registration number 27195 sub of 6933 Marfooz out of 1299 sub of the said main section 2 of Tehran was issued carefully in the contents of the case, considering that despite the arguments of the respected court of first instance, articles 46, 47 and 48 of the Real Estate Registration Law do not imply the lack of penetration and invalidity of the ordinary peace document, and according to articles 10 and 219 of the Civil Code, and in terms of the suitability of the case for Entering into the merits of the lawsuit, the respected authority of the first instance had the duty to rule on the merits of the lawsuit by considering the merits and verifying the validity and authenticity of the ordinary documents of the plaintiffs and paying attention to the defenses of the parties on this axis. For this reason, the court considers the appeal to have been filed, based on article 348-paragraph e and article 353 of the civil procedure law, while violating the appeal order, it returns the case to the respected authority of first instance for substantive consideration. The decision is final.
Head of the 17th Branch of the Court of Appeal of Tehran Province – Court Counselor
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