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

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Hidrosistemi Radoniq Sh.a (J.S.C). The cadastral officer confirmed to the Executive
Secretariat that the Cadastre was updated in 2007, changing the name of the Public Water
Supply Company from a Holding Company to Public Water Supply Company K.R.U.
Hidrosistemi Radoniq Sh.a (J.S.C), pursuant to a Transfer Act on the Right of Property Right
Holder and Authority over the Immovable Property No. 1869 dated 27 July 2007. The
Claimant was contacted by the Executive Secretariat and asked to confirm the date the family
lost possession of the claimed properties. The Claimant replied that she did not know and
that there was no family member alive who possessed the property to answer that question.
The Claimant stated that she did not know any member of the family who lived on or visited
the claimed property before the conflict. The Claimant also indicated that she was not
interested in pursuing the claim any longer, but did not withdraw the claim. The Commission
notes that the Claimant also failed to submit proof of the family relationship between the
property right holder and her son.
144. The Public Water Supply Company K.R.U. Hidrosistemi Radoniq Sh.a (J.S.C) was
contacted by the Executive Secretariat. A representative of the company explained that the
claimed properties were expropriated by the then Hidrosistemi Radoniq in 1978 by decisions
of the Secretariat of Economy and Finance of the Municipality of Gjakovë/Đakovica.
145. Based on the evidence before it, the Commission concludes that the Claimant has
failed to show ownership or any other property right over the claimed properties immediately
prior to or during the 1998-99 conflict.
c. Claim Nos. 26789 and 26792
146. Claim Nos. 26789 and 26792 have been filed by the Claimant in his capacity as a
family household member of the alleged property right holder, namely his father. The
Claimant submitted an old possession list No. 173 from 1938, listing the claimed properties
in the name of the property right holder. However, the Executive Secretariat located ex
officio certificates on the immovable property rights Nos. 72 and 100, which list the property
claimed in Claim No. 26789 in the name of one Milorad Pejcinovic and the property claimed
in Claim No. 26792 in the name of one Arif Kabashi. The Executive Secretariat contacted
the Claimant and informed him of the above. The Claimant confirmed that the claimed
property had been sold before the 1998-99 conflict.
d. Claim Nos. 28546, 28547, 28548, 28549, 28550 and 90952
147. Claim Nos. 28546, 28547, 28548, 28549, 28550 and 90952 have been filed by the
Claimant in her capacity as the property right holder. The Claimant submitted an inheritance
decision O.br. 12/2 dated 30 April 2003, issued by a parallel court in Istog/Istok, pursuant to
which she inherited the claimed properties from her mother-in-law. However, the Executive
Secretariat located ex officio possession list No. 130, listing the claimed properties in the
name of the Claimant’s mother-in-law. The Claimant was contacted by the Executive
Secretariat several times and informed of the verification efforts conducted by the Executive
Secretariat. The Claimant was asked to submit a valid inheritance decision or any additional
documentation to prove her ownership of the claimed property, or a power of attorney from
the inheritors of her mother-in-law, as she does not fall within the definition of family
household member. The Claimant indicated that she would initiate the inheritance
proceedings at a regular court and submit a valid inheritance decision and a power of attorney
from the inheritors of her mother-in-law, however, she failed to do so.