KPCC/D/A/149/2012 - Kosovo Property Agency

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71. The Commission concludes that, based on the evidence before it, the claims
must be dismissed on account of the failure by the Claimant to provide authorization of his
capacity to file the claims on behalf of the alleged property right holder or her inheritors.
c. Claim Nos. 51021, 51023 and 51024
72. Claim Nos. 51021, 51023 and 51024 have been filed by the Claimant in her capacity
as the family household member of the alleged property right holder, namely her mother-inlaw.
As the Claimant does not fit within the definition of family household member, she was
contacted by the Executive Secretariat several times in 2008 and 2009 and asked to submit a
power of attorney issued by the inheritors of the alleged property right holder. However, the
Claimant failed to submit such a power of attorney. Accordingly, the claims stand to be
dismissed.
II.
Uncontested Claims
1. Voluntary disposal or ability to exercise property right
a. Claim Nos. 10144 and 35778
73. Claim Nos. 10144 and 35778 have been filed by the Claimants in their capacity as the
alleged property right holders of ideal parts of 2/3 and 1/3 of the claimed property. The
Claimant in Claim No. 10144 submitted a court decision on a contract of division dated 15
August 1983, and the Claimant in Claim No. 35778 submitted a possession list from 1993 in
support of their claims. However, the Executive Secretariat located ex officio a certificate for
the immovable property rights No. 525, which had been updated pursuant to a purchase
contract No. 1767/09 in 2009, and which lists the claimed property in the name of Mr Bafti
Maloku. When contacted by the Executive Secretariat, the Claimants confirmed that they
had sold the claimed property and undertook to withdraw the claims. However, the
Claimants have not withdrawn their claims. Accordingly, the claims fall outside the
jurisdiction of the Commission and stand to be dismissed.
b. Claim No. 11052
74. Claim No. 11052 has been filed by the Claimant in his capacity as the property right
holder. The Claimant submitted a possession list No. 28 from the dislocated cadastre listing
his father as the owner of the claimed property, and an inheritance decision No. 128/2000
dated 11 April 2002, issued by a parallel court in Prishtinë/Priština, pursuant to which the
Claimant inherited the ideal part of 1/3 of the claimed property. However, the Executive
Secretariat located ex officio a certificate for the immovable property rights No. 571-1, which
had been updated pursuant to a purchase contract No. 1847/03 dated 7 August 2003 and lists
the claimed property in the name of a third party, Mr Bahtjar Rexhep Lohaj. When
confronted with the above by the Executive Secretariat, the Claimant confirmed that the
claimed property had been sold and agreed to withdraw the claim. However, the Claimant
has failed to do so. Accordingly, the claim falls outside the jurisdiction of the Commission
and stands to be dismissed.
c. Claim Nos. 19268, 19269, 19270 and 19271
75. Claim Nos. 19268, 19269, 19270 and 19271 have been filed by the Claimant in his
capacity as the property right holder. Claim Nos. 19269, 19270 and 19271 were the subject
of an earlier Commission decision. However the earlier decisions in these three claims were