Case description
The Client received a notification in the "Gosuslugi" mobile app stating that applications for registering the transfer of ownership rights for four of his real estate properties to another person had been accepted at an MFC (Multifunctional Center). Upon obtaining the title transfer documents (which turned out to be gift agreements) from Rosreestr (The Federal Service for State Registration, Cadastre and Cartography), the Client immediately filed a lawsuit to have the gift agreements declared invalid, as he had not signed them and had no intention of alienating the property. The court's ruling, upheld by an appellate decision, dismissed the Client's claims. Following this, he decided to seek assistance from KIAP, Attorneys at Law.
Legal Challenge
The complexity of the case lay in the fact that two court-ordered handwriting examinations had already been conducted in the dispute. While their conclusions were not categorical, one expert came to a probable conclusion that the gift agreements had been signed by the Client himself. The task for the KIAP lawyers was not only to challenge the conclusions of the first-instance and appellate courts in the cassation court but also to achieve a favorable ruling on the claims, effectively restoring the Client's ownership rights to the real estate properties.
Approach and Outcome
The KIAP team developed a strategy aimed at a comprehensive review of all factual circumstances of the case, going beyond just the expert opinions. During the consideration of the dispute in the cassation court, the lawyers managed to convince the judicial panel of the necessity to examine such critical aspects as the impossibility of the Client's presence at the time and place of the gift agreements' signing. This approach became key and led to the annulment of the previously adopted judicial acts and the remittance of the case for a new trial. During the re-examination of the dispute in the appellate court, KIAP lawyers were able to fully substantiate the claims filed by the Client.
Thanks to the professionalism, detailed analysis, and persistence of the KIAP team, the Client's ownership rights to all four real estate properties were successfully restored. This result once again confirms that the fundamental principle — private property rights are protected by law (Part 1, Article 35 of the Constitution of the Russian Federation) — is not merely a declaration but a working mechanism for protecting citizens' rights.
Team
The project was supervised by: Managing Partner Andrey Korelskiy, Senior Associate Dmitry Kazankov, and Associate Elizaveta Fedulova.