In cases prescribed by law, the registration of rights to real estate and real estate transactions may be suspended by the justice authority for a certain period.
ON WHAT GROUNDS CAN REGISTRATION BE SUSPENDED?
The list of such grounds is established by Article 27 of the Law of the Republic of Kazakhstan "On state registration of rights to real estate and transactions with it." Registration is suspended in the following cases:
- by decision (determination) of the court on the basis of claims and other statements (complaints) filed with the court;
- in accordance with the acts of prosecutorial supervision until the violation of the law is eliminated;
- in accordance with the legislation of the Republic of Kazakhstan on combating the legalization (laundering) of illegally obtained income and the financing of terrorism;
- for the applicant to submit the documents required for state registration, if the absence of the necessary documents was not the basis for refusing to accept documents for registration;
- to obtain clarifications or request from state bodies the necessary information due to its absence in the documents emanating from such bodies, or the presence of contradictions in such documents, if these circumstances were not grounds for refusing to accept documents for registration;
- in case of discrepancy between the object of registration, established on the basis of title documents, and the object of registration, specified in the application, to eliminate the contradiction between them;
- if the body of justice has doubts about the authenticity of the submitted documents or the reliability of the information indicated in them.
WHO DECIDES TO SUSPEND REGISTRATION AND WITHIN WHAT TIME FRAME?
Such a decision is made by the body of justice, in which the documents were submitted for registration.
The decision to suspend state registration may be made from the moment of acceptance of documents for state registration until the moment the document is issued. It cannot be accepted after the registration period has expired.
FOR HOW LONG CAN REGISTRATION BE SUSPENDED?
Registration is suspended until the elimination of the circumstances that were the basis for the suspension of registration, but not more than 1 month, unless otherwise established by a judicial act on suspension of registration. If the circumstances that served as the basis for the suspension of registration are not eliminated within one month, state registration must be denied.
REQUEST MORE INFORMATION
When state registration is suspended, the justice body, within its competence, has the right from the applicant (authorized representative of the applicant), other individuals or legal entities, including state bodies, to request information, explanations and documents, if necessary for making a decision.
REGISTRATION SUSPENSION NOTICE
When registration is suspended, the registration authority must send the applicant (an authorized representative of the applicant) a written notice indicating the reasons and terms for suspension. The notice must specify the subsequent actions of the applicant to eliminate the reasons for the suspension of registration and the time required for this.
REVOCATION OF DOCUMENTS
When registration is suspended, the application may be withdrawn by the applicant (authorized representative of the applicant) at any time. In this case, the priority of registration of the withdrawn application is lost.
ESTABLISHING THE AUTHENTICITY OF DOCUMENTS AND THE RELIABILITY OF THE INFORMATION INDICATED IN THEM
If the body of justice has doubts about the authenticity of the submitted documents or the reliability of the information indicated in them, it is obliged, by suspending the registration of rights to real estate, to eliminate such doubts, take the necessary measures to obtain additional information and confirm the authenticity of the documents or the reliability of the information indicated in them. Such evidence and information may be provided by the person who submitted the documents for registration. In necessary cases, in order to establish the authenticity of documents or the reliability of the information indicated in them, they may be sent by the body of justice for examination.