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

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The Commission notes that Claim No. 41350 has been decided by the Commission’s
decision KPCC/D/A/148/2012.
125. As the Claimant was not able to attend the hearing in Prishtinë/Pristina on 29 March
2012, on 3 April 2012 the hearing of the Claimant took place in the KPA premises in
Mitrovicë/Mitrovica. .The Claimant alleged that he is the owner of the parcel claimed in
Claim No. 41350, a forest in the village Resnik, as evidenced by the possession list. He
stated that he is not interested in pursuing the claims in respect of the other properties but
confirmed that his mother did not sell the forest.
126. Based on the evidence before it, including the evidence offered at the oral hearings,
the Commission is satisfied that the Claimant’s mother as the property right holder at the time
sold the claimed properties to the Respondent and his brother, except for the property claimed
in Claim No. 41350. Consequently, Claim Nos. 41351, 41352, 41353 and 41354 stand to be
refused as the Claimant failed to establish ownership or any other property right over the
claimed properties immediately prior to or during the 1998-99 conflict.
n. Claim No. 44105
127. Claim No. 44105 has been filed by the Claimant in her capacity as a family household
member of the alleged property right holder, namely the property right holder’s daughter.
The Respondent alleges that he purchased the claimed property from the property right holder
and submitted an uncertified purchase contract from 1 March 1987. During the processing of
the claim, the Claimant submitted an inheritance decision, through which she inherited an
ideal part of 1/3 of the claimed property from her father. The Executive Secretariat contacted
the Claimant and she confirmed that the claimed property had been sold prior to the conflict
in 1987. However, she did not withdraw her claim.
128. Based on the evidence before it, the Commission concludes that the Claimant failed to
show ownership or any other property right over the claimed property immediately prior to or
during the 1998-99 conflict.
o. Claim No. 44434
129. Claim No. 44434 has been filed by the Claimant in his capacity as the property right
holder. The Respondent alleges that he purchased the claimed property from one Zeqir
Ademi, who had purchased it from the Kovacevic family on 30 October 1993 and signed a
hand written contract in the presence of three witnesses, which was never certified. The
Respondent submitted the purchase contract as well as a final receipt of payment dated 25
December 1993. When confronted with the Respondent’s statement and evidence, the
Claimant acknowledged that the claimed property had been sold in 1993 and although he
agreed to withdraw the claim, he had failed to do so.
130. Based on the evidence before it, the Commission concludes that the Claimant failed to
show ownership or any other property right over the claimed property immediately prior to or
during the 1998-99 conflict.
p. Claim No. 44504
131. Claim No. 44504 has been filed by the Claimant in her capacity as the property right
holder. The Respondent alleges that he purchased the claimed property from the Claimant’s
aunt and submitted a certified purchase contract No. 9905/03 dated 28 May 2003 and