Possession of immovable property by different people is a common occurrence that often causes a person to go to court to remove his property from the possession of others. Usually, in order to file a complaint for this problem, you must file an Expropriation lawsuit.
Expropriation is one of the financial lawsuits in which a person can claim real property from the usurper by citing the official ownership document. This is one of the complex cases that if not raised properly; In addition to the huge costs, it can cause the court results to take longer. Therefore, in order to file this lawsuit, Kardan and Hazeghi should be consulted.
What are the necessary conditions to file a claim for expropriation?
As we mentioned in the above paragraph; An expropriation petition is filed in court to remove immovable property from the usurper.
After filing this lawsuit, it is expected that the immovable property will be removed from the possession of the usurper with the documents provided by the original owner or the petitioner; But the filing of this lawsuit has conditions, some of which are:
- To file this lawsuit in court, the petitioner must have an official ownership document to prove his ownership.
- If a person is the original owner of the immovable property, but does not have an official document, he must first file a claim in court to prove ownership and after receiving the verdict, file the aforementioned claim.
- It should be noted that this lawsuit is only to remove the possession of the usurper from immovable property such as house, land, shop, etc.
- One of the conditions for filing this lawsuit is the aggression of the occupation; It means that the usurper has taken possession of the property without any contract and illegally.
Lawsuit for expropriation in inherited property
Expropriation lawsuits in inherited property occur when one of the heirs seizes the property or land inherited from their parents without taking rent from the other heirs present. Expropriation of inherited property is acceptable when there is no legal contract between the heirs.
In such a situation, each of the heirs who have a share in the property in question; They can initiate this lawsuit and remove the immovable property from the possession of the usurper’s heir. In addition to filing the aforementioned lawsuit, a person can file a lawsuit to the court to demand compensation for the days of occupation.
The difference between expropriation, discharge and aggressive possession
If a person wants to remove his immovable property from personal possession in real estate lawsuits, he must file one of the three lawsuits: eviction lawsuit, expropriation lawsuit, and aggressive possession lawsuit.
Unfortunately, people’s lack of information in this field makes them choose the wrong title to file their lawsuit; This issue causes the court to reject the request. so; It is suggested to study the difference between eviction, eviction and aggressive possession in order to choose the right lawsuit. The difference between the aforementioned claims is as follows:
Its difference with iodine depletion
Expropriation and eviction lawsuits have differences that knowing them can affect the correct filing of the lawsuit in court:
- Expropriation lawsuit is only for immovable property; Meanwhile, it is possible to sue for iodine discharge for all movable and immovable property.
- Another major difference between these two lawsuits is the type of ownership. For the expropriation plan, a person must have an official document of ownership; This is despite the fact that there is no need for an ownership document to file an iodine discharge lawsuit, and a person can file a lawsuit only by owning the interests;
- But there is a very important difference between these two lawsuits; There is a contract. In fact, the discharge of iodine is done to take possession of property for which there is already a legal contract and its time has expired; But expropriation is done only for illegal possession of property by the usurper.
Its difference with aggressive occupation
The similarity between the eviction lawsuit and aggressive possession has caused many people to register their lawsuits by mistake. The similarity between these two lawsuits is that both of them are only applicable to immovable property and they are raised for a lawsuit that the usurper has taken possession of the property illegally. The following are among the differences between this lawsuit and aggressive possession:
- The main difference between these two lawsuits is based on the fact that in dispossession, a person must only have the ownership document; But in the case of aggressive possession, the claimant must have a history of possession of the property; That is, in aggressive possession even if you have beneficial ownership; You can file a lawsuit.
- Another difference between these two lawsuits is the cost of litigation. In general, the expropriation lawsuit is a financial lawsuit and the aggressive possession is a non-financial lawsuit. For this reason, the cost of litigation for aggressive possession is the same for everyone; However, the filing of a lawsuit for expropriation is determined according to the value of the property in question and is different for each person.
- The expropriation order is enforceable after it is final, but the execution of the aggressive possession order does not need to be final.
- In aggressive possession, it is not necessary that the claimant is the owner of the property. Just being the previous owner of the property is enough to file a lawsuit in court, but in filing a lawsuit for eviction, it is necessary for the plaintiff to be the original owner of the property.
- Aggressive possession can be filed in the criminal courts in addition to the lawsuit in the legal court, but the decree of expropriation can only be filed and executed through the legal court.
- There is no need to comply with civil procedure procedures in filing an aggressive possession lawsuit, but compliance with these procedures is essential in an expropriation lawsuit.
Court actions for the petitioner’s eviction suit
In order to order the eviction and illegal possession of the defendant, the court takes actions after the petitioner submits a lawsuit to the court, which are:
- In the first stage, the court verifies the claimant’s ownership document.
- In the second stage, the court deals with the illegality of the possession of the defendant.
- In the third stage, the expert examines the range of ownership by conducting numerous researches.
- During the court, the defendant must prove that its occupation of the plaintiff’s property is legitimate and legal.
Is it possible to sue for expropriation based on a normal document in court?
The main condition of filing an expropriation lawsuit in court is that the petitioner presents the official ownership document as evidence. Usually, it is not possible to submit a normal document to file the aforementioned lawsuit in court; But in certain situations, a person can file a lawsuit by submitting a normal document.
To file a lawsuit based on an official document, a person must receive a definitive ruling from the court to prove ownership. In order to receive this ruling, the petitioner must receive a form called Sana’s form from the electronic service by presenting a normal document and national identity card. Finally, by filing a petition for proof of ownership, take action to receive a verdict.
If the court delivers the proof of ownership document to the person; The petitioner can apply for the proposal by citing the normal document at the first opportunity. Note that you can submit a petition with proof of ownership at the same time by receiving advice from an expropriation lawyer.
Which authority handles the case of dispossession?
The cost of dispossession litigation and the competent authority to handle this lawsuit are among the issues that most people want to get information about before filing a lawsuit. The legal fees for filing this lawsuit are usually calculated according to the value of the property.
The competent authority that deals with this lawsuit; It is exactly the location of the property. For example, if a property is located in Behshahr city of Mazandaran province; The hearing of this lawsuit will be held in the General Law Court of Behshahr city.
Is the decision of dispossession appealable?
Maybe this question will arise for some people if it is possible to appeal the case of dispossession? In answer to this question, we must say yes! If a verdict has been issued for the aforementioned lawsuit, the person can apply for an appeal within 20 days after the verdict.
Conclusion
So far, we have discussed the full description of the lawsuit and the necessary conditions for filing this lawsuit. We know that the said lawsuit is often confused with iodine discharge and aggressive possession lawsuit, and the court ends this lawsuit by rejecting the request. Therefore, it is suggested to consult with experts and experts in this field to succeed in such a lawsuit.
Dadista Law Firm consists of lawyers and lawyers who can guide you to file such a lawsuit. For legal advice with lawyers and to get more information, you can refer to the website of this institution. You can also contact experts in this field through the available numbers.