What is the concept of conflicting ownership documents?
If two ownership documents conflict with each other, in part or in whole, in terms of the real property that is the subject of them or in terms of property boundaries or easement rights, and this conflict is confirmed by the decision of the supervisory board subject to Article 6 of the Registration Law, the ownership document whose registration is relative to The other is late, the ownership document is considered contradictory. In other words, regarding the conflict between ownership documents, according to the initial assumption of the law which is stated in paragraph 1 of article 3 of the legal bill regarding registration errors and conflicting ownership documents approved in 1333, the document that was registered earlier, until the final decision of the court If it has not been revoked, it is considered valid and the document that was registered after that is called the title deed of deferred registration and it is considered invalid until the final judgment is issued by the court regarding its validity.
What is the duty of the registry office regarding conflicting documents?
The registration offices are obliged to inform the official notary offices of their area as soon as they are informed of the existence of conflicting ownership documents. They should also send the work report clearly and unambiguously to the supervisory board. After ascertaining the degree of conflict between the documents by the supervisory board (or as the case may be, the Supreme Registration Council), the registry office must notify the owner of the title deed of Mukhar al-Sudor in writing, which is considered a conflicting document, and warn him to go to the local competent court within a maximum of two months. In case of property damage, he should go and file a lawsuit and submit the lawsuit filing certificate to the local registry office and obtain a receipt.
What lawsuit should the holder of the said document file?
Depending on the case, a claim for total or partial annulment of the title deed of prior registration and, consequently, the validity of the deed itself, which is delayed registration, can be filed. According to the note of article 5 of the legal bill regarding registration errors and conflicting ownership documents, the court, after the necessary proceedings, will specify any of the two conflicting documents that it finds that the registration process has been carried out correctly according to the regulations, and the decision will be to invalidate the other ownership document. gave This means that in dealing with such a lawsuit, the court is not bound by the express request in the petition that the annulment of the registration document is the first, and it determines the document whose registration process is correct and the other document whose registration process is not recognized as correct. regardless of whether the document is early registration or late registration, it invalidates. In other words, the holder of the late registration document files a lawsuit for the cancellation of the earlier registration document, but the result of the lawsuit may be the cancellation of his own document. Such an arrangement is one of the exceptions to the rules of civil procedure, according to which the court is limited to the demand contained in the petition. According to this rule, which is reflected in Article 2 of the Civil Procedure Law, the court must either rule to cancel the preliminary registration document or rule to reject the cancellation claim; However, as it was said, according to the provisions of Article 5, the court is obliged to invalidate one of the two ownership documents in any case, even if that ownership document belongs to the petitioner and the lawsuit for its cancellation has not been filed.
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