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

g. Claim Nos. 51705 and 51706
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90. Claim Nos. 51705 and 51706 have been filed by the Claimant in his capacity as the
family household member of the alleged property right holder, namely his brother. The
Claimant submitted possession list No. 188, listing his brother and mother, each as co-owner
of ½ of the claimed properties. The Claimant submitted an inheritance decision O. br. 11/08
dated 19 June 2008, issued by a parallel court in Kamenicë/Kamenica, pursuant to which he
inherited the other ½ of the claimed properties from the property right holder. The property
right holder was contacted by the Executive Secretariat, as the Claimant had not submitted
any documents proving his relationship with the property right holder. The property right
holder confirmed that the Claimant was his brother. When the Executive Secretariat
contacted the Claimant for a final time on 28 March 2012, he acknowledged that his brother
did not lose possession of the claimed properties as a consequence of the 1998-1999 conflict.
He explained that the properties are located in a Serbian neighbourhood and have not been
unlawfully occupied. Accordingly, in the absence of a loss of possession as a result of the
conflict, the claims fall outside the jurisdiction of the Commission and stand to be dismissed.
h. Claim Nos. 90019, 9015, 90162 and 91604
91. Claim Nos. 90019, 90155, 90162 and 91604 have been filed by the Claimant in his
capacity as the alleged property right holder. The Claimant submitted an inheritance decision
No. 12/88 issued by the Municipal Court in Kaçanik/Kačanik dated 8 March 1988 by which
he inherited the claimed properties from his father, and a possession list No. 10 from the
dislocated cadastre listing him as the owner of the claimed properties. However, the
Executive Secretariat located ex officio a possession list No. 465, which lists the Agricultural
Enterprise Limani as the owner of the claimed properties. The possession list had been
updated pursuant to a purchase contract No. 1347/03 dated 3 December 2003, through which
the land parcels on possession list No. 10 were transferred to the Agricultural Enterprise
Limani, based on a power of attorney issued by the Claimant to Mr Liman Hasan, the owner
of the Agricultural Enterprise Limani, authorizing him to sell the claimed properties on his
behalf. The Claimant submitted a power of attorney dated 11 June 2002, however, when
contacted by the Executive Secretariat, the Claimant initially denied having issued a power of
attorney. The Claimant subsequently acknowledged that he had issued the power of attorney
but that Mr Hasan had misused it by transferring the claimed properties to himself.
92. The Commission notes that the Claimant’s claim does not raise any issue of coercion,
which the Commission would have jurisdiction to deal with, but rather an issue of the misuse
of the power of attorney, a matter that falls within the jurisdiction of local courts.
Consequently, in the absence of any evidence of any conflict related loss of possession or
inability to exercise property rights over the claimed properties, the claims stand to be
dismissed as falling outside the jurisdiction of the Commission.
i. Claim Nos. 91801 and 91802
93. Claim Nos. 91801 and 91802 have been filed by the Claimant in his capacity as a
family household member of the alleged property right holder, namely the property right
holder’s son. The Claimant submitted possession list No. 170, which lists the ideal part of
2/3 of the claimed properties in the name of the alleged property right holder. However, the
Executive Secretariat located ex officio certificates for the immovable property rights Nos.
348 and 349 listing the claimed properties in the names of two of the Claimant’s uncles as the
only co-owners. The Executive Secretariat contacted the Claimant requesting additional
information to prove his father’s co-ownership over the claimed properties. In the event he