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

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8<br />

wishes to claim legal rights over the property. The Claimant did not withdraw the claim.<br />

Accordingly, the claim falls outside the jurisdiction of the Commission and stands to be<br />

dismissed.<br />

j. Claim No. 30668<br />

27. Claim No. 30668 has been filed by the Claimant in his capacity as the family<br />

household member of the alleged property right holder, namely the son of the alleged<br />

property right holder. The Claimant submitted a certified contract on lifelong care III R. br.<br />

28/95 dated 27 April 1995, according to which he would inherit the claimed property upon<br />

his mother’s death. The Respondent claimed a legal right to the claimed property but refused<br />

to cooperate with the Executive Secretariat. During the processing of the claim, the Claimant<br />

confirmed that he had sold the claimed property in 2011. When asked to withdraw his claim,<br />

he refused. Accordingly, the claim falls outside the jurisdiction of the Commission and<br />

stands to be dismissed.<br />

k. Claim No. 33210<br />

28. Claim No. 33210 has been filed by the Claimant in her capacity as a family household<br />

member of the alleged property right holder, namely her mother. The Claimant submitted a<br />

possession list No. 3501, listing the claimed property in the name of the property right holder.<br />

The claimed property was inherited by the Claimant and other sixteen co-owners pursuant to<br />

an inheritance decision T.nr. 80/2000 dated 21 February 2003 and cadastral updates were<br />

made based on this inheritance decision. The Executive Secretariat contacted the Claimant<br />

and asked her to submit her mother’s death certificate and the inheritance decision, which she<br />

has not done. The Respondent alleges that he purchased the claimed property from the<br />

Claimant and the other co-owners, pursuant to a purchase contract Ov. br. 8220/2008,<br />

concluded between the authorized representative of the Claimant and co-owners, Slavisa<br />

Vukosavljevic and the Respondent on 14 June 2008, which the Respondent submitted as<br />

evidence. The Respondent states further that he had sold the claimed property on to third<br />

parties, namely Bajram Elezkurtaj and the Vukrii family (Kujtim, Fadil, Flora and Besarta).<br />

The Executive Secretariat located ex officio the certificate for the immovable property rights<br />

in the names of these third parties and contacted the Claimant, who confirmed that the<br />

claimed property had been sold to the Respondent. Accordingly, the claim falls outside the<br />

jurisdiction of the Commission and stands to be dismissed.<br />

l. Claim No. 34140<br />

29. Claim No. 34140 has been filed by the Claimant in her capacity as a family household<br />

member of the alleged property right holder, namely her mother. The Claimant<br />

acknowledges that the claimed property has been sold to Shefqet Imeri and Isi Murgli and<br />

requests that the Commission require Isi Murgli to pay the outstanding amount as the<br />

purchase price was not paid in full. The Claimant submitted a possession list No. 1119 listing<br />

her mother as the owner of the claimed property. However, the Executive Secretariat located<br />

ex officio possession list No. 140 registered in the name of Shefqet Imeri, updated pursuant to<br />

a certified purchase contract Vr. Nr. 119/2003 dated 7 February 2003. The Executive<br />

Secretariat contacted the Claimant and she confirmed that the claimed property had been sold<br />

and she agreed to withdraw her claim. However, the Claimant has failed to do so. In these<br />

circumstances the claim falls outside the jurisdiction of the Commission and stands to be<br />

dismissed.

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