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Ministry of Justice

Republic of Tajikistan 

 On July 10, 2014 No. 751

RESOLUTION OF THE STATE COMMITTEE ON LAND MANAGEMENT AND GEODESY OF THE REPUBLIC OF TAJIKISTAN

of June 5, 2014 No. 20

About approval of Rules about the bases of appointment and procedure for examination of authenticity of the documents submitted for implementation of state registration

Based on article 12 of the Law of the Republic of Tajikistan "About state registration of real estate and the rights to it" and the thirty fourth paragraph of item 4 of the Provision of the State committee on land management and geodesy of the Republic of Tajikistan approved by the order of the Government of the Republic of Tajikistan of May 3, 2010, No. 225,

I decide:

1. Approve Rules about the bases of appointment and the procedure for examination of authenticity of the documents submitted for implementation of state registration (is applied).

2. In accordance with the established procedure to provide this resolution to the Ministry of Justice of the Republic of Tajikistan for state registration.

3. To enact this resolution after state registration and official publication.

4. To impose control of execution of this resolution on vice-chairmen.

Chairman

M. Zokirov

Approved by the Resolution of the chairman of the State committee on land management and geodesy of the Republic of Tajikistan of June 5, 2014, No. 20

Rules of the bases of appointment and procedure for examination of authenticity of the documents submitted for implementation of state registration

1. General provisions

1. Rules of the bases of appointment and procedure for examination of authenticity of the documents submitted for implementation of state registration (further - procedure) are developed according to article 12 of the Law of the Republic of Tajikistan "About state registration of real estate and the rights to it" and from the thirty fourth paragraph of item 4 of the Provision of the State committee of the land management and geodesy of the Republic of Tajikistan approved by the Order of the Government of the Republic of Tajikistan of May 3, 2010 No. 225 and determine general and special properties of authenticity of the documents submitted for completion of state registration of real estate and the rights to it.

2. When implementing examination of authenticity of the documents submitted on state registration lack of contradictions between the applicant whose rights shall be registered is checked, and also the rights the being subject registrations and are determined other bases of variation in registration of real estate according to Articles 32, 34 and 36 Laws of the Republic of Tajikistan "About state registration of real estate and the rights to it".

2. The sequence of examination of the submitted documents and the bases of their appointment

3. Expertize of authenticity of the documents submitted for state registration of real estate is carried out in the following sequence:

a) tracing of registration of data on real estate in the Single state real estate register and the rights to it;

b) check and determination of the legal importance of documents of title;

c) check of discrepancy of results of inventory count of real estate with the data specified in the submitted documents for registration;

d) verification of the available data of the state notarial bodies on restriction (encumbrance) of real estate and the rights to it.

4. In case of verification of data from the Unified register of real estate and the rights to it availability of the following data on real estate is checked:

a) data on the registered rights;

b) data on the provided rights on registration;

c) data on registration of transactions;

d) data on registration restrictions (encumbrances) of the rights.

3. General requirements on examination of the documents submitted for state registration

5. In case of simultaneous receipt of statements from different applicants two and more statements on state registration of the same real estate, the same restriction (encumbrance) at the same time state registration of which is not allowed, the registrar shall reject the applications submitted in such procedure.

6. In case of existence of record about arrest of real estate or other restriction in the unified register of state registration of real estate and the rights to it the transactions revealed to the conclusion, the registrar shall check additional data on seizure or other restriction from the Unified state register of registration of real estate.

7. If during the term established by regulatory legal acts for consideration of the application about state registration of real estate or before entering of data into the Unified state register, into registration body the decision (resolution) or the judgment on seizure of the real estate unit arrives, then the registrar shall suspend registration of real estate before removal of arrest or other restrictions (encumbrances) and during, no later than three days to send to the applicant the registered mail on suspension of state registration.

8. According to the written application of the interested person wishing to take a legal action for contest of the right or restriction (encumbrance) of the right about which state registration asks other interested person making of registration action shall be suspended for the term of no more than one month, the registrar is authorized to make the corresponding record in the book of registration. If within a month, in the organization for state registration written information from court on the beginning of process in the corresponding claim does not arrive, the registrar shall complete registration actions. In case of receipt of written information from court on the beginning of process in the corresponding claim, making of registration actions stops to permission of case by court. In case of receipt of the copy of the judgment about arrest of real estate in registering body the registrar shall request the verified copy of the judgment about arrest of real estate.

9. In case of existence of entry in the Single state real estate register of record about restrictions (encumbrances) availability of the corresponding specifying shall be present at the transaction, in other cases the registrar shall suspend registration of real estate before elimination of this case.

10. When checking the legal importance of documents of title by its types its following features are checked:

a) according to regulatory legal acts of submission of the document, document form and content;

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