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

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m. Claim Nos. 36999, 37427 and 51521
30. Claim Nos. 36999, 37427 and 51521 have been filed by the Claimant in his capacity
as a family household member of the alleged property right holders, namely his father in
Claim No. 36999 and his uncle in Claim Nos. 37427 and 51521. The Claimant submitted a
contract on division Ov. br. 179/95 dated 16 November 1994 pursuant to which his father and
uncle were given the claimed properties. The Executive Secretariat located ex officio
certificates for the immovable property rights listing the claimed properties in the names of
the respective property right holders. The Respondent alleges that he purchased the claimed
properties from the property right holders and submitted an uncertified purchase contract in
respect of the claimed properties dated 11 August 2000. He explained that it was not possible
to certify the purchase contract, as the Municipal Court in Kamenicë/Kamenica requires that
all the parties be present. The Executive Secretariat contacted the Claimant and asked him to
submit a power of attorney from his uncle, as he does not fall within the definition of family
household member. The Claimant failed to do so. However, the Claimant confirmed that the
claimed properties had been sold by the property right holders to the Respondent on 11
August 2000. Accordingly, the claims fall outside the jurisdiction of the Commission and
stand to be dismissed.
n. Claim No. 49412
31. Claim No. 49412 has been filed by the Claimant in his capacity as the property right
holder. The Claimant submitted a possession list No. 4, listing him as the owner of the
claimed property. The Respondent alleges that he purchased the claimed property from the
Claimant and submitted a certified purchase contract No. 186/2000 dated 1 August 2000
signed between the Claimant and the Respondent and his four brothers. When contacted by
the Executive Secretariat, the Claimant’s wife confirmed that the claimed property had been
sold in 2000 but refused to withdraw the claim. Accordingly, the claims fall outside the
jurisdiction of the Commission and stand to be dismissed.
o. Claim Nos. 49642, 49643 and 49644
32. Claim Nos. 49642, 49643 and 49644 have been filed by the Claimant in her capacity
as the property right holder. The Claimant submitted a certificate for the immovable property
rights No. UL 72514014-00240, listing her as the owner of the claimed properties. The two
brothers who are currently using the property responded to the claim and allege that they
purchased the claimed properties from the Claimant and submitted a certificate for the
immovable property rights No. UL 72514014-00240, listing the claimed properties in the
name of one of the Respondents and a cadastral decision 38/2008 dated 14 February 2008,
pursuant to which the changes were made to the cadastral records. The Executive Secretariat
located ex officio an updated certificate for the immovable property rights No. UL 72514014-
00240, listing the claimed properties in the name of the same Respondent. This was based on
a purchase contract Vr. Nr. 516/2008 dated 29 January 2008. When contacted by the
Executive Secretariat, the Claimant confirmed that the claimed properties had been sold but
refused to withdraw her claims, as she wished to request compensation for the use of the
claimed properties from 1999 – 2008 by the Respondents without her permission.
Accordingly the claims fall outside the jurisdiction of the Commission and stand to be
dismissed. The claims for compensation also fall outside the jurisdiction of the Commission
and stand to be dismissed.