Revocation of official document

Revocation of official document

Revocation of an official document is a lawsuit in which a person acts to invalidate one or more official documents. This type of lawsuit is usually filed against several people for the sale of the property or the document has not been issued in accordance with the relevant regulations.

All official documents including ownership document, executive document, mortgage and conditional and liability documents, delimitation form, executive transfer document, conflicting ownership document, official lease or sale document or any of the contracts and agreements and the like are among the official documents. If there are legal grounds for their invalidity, the interested party can file a lawsuit for annulment or annulment in a competent court, and the courts are obliged to hear these lawsuits.

Therefore, a lawsuit for annulment of an official document is a lawsuit that seeks to declare one or more certain official documents ineffective, which causes the official document to be ineffective or ineffective. The invalidity of the document may be due to the fact that the document was not issued in accordance with the relevant regulations; the annulment of the opposing ownership document and the annulment of the identity card in case several identity cards have been issued to one person are examples of these lawsuits. The invalidity of the document may also be due to the invalidity of a transaction that the document indicates has occurred, such as the deed of sale of unknown property; or it may be invalidated due to the cancellation of the obligation of the subject of the official document, such as payment of the document; or due to forgery of the document, including material and substantive forgery.

Revocation of Ownership Document

An ownership document is a type of official document in which all the items in the real estate office are registered. The document of the owners may be revoked by a court order or any other reason, in which case it loses its value.

Conditions for filing a lawsuit for annulment of an ownership document

A) Existence of ownership document: One of the main and basic conditions and elements of filing a lawsuit for annulment of ownership document is the existence of ownership document in the lawsuit.

B) Observance of the regulation related to the issuance of the document: Non-observance of the legal conditions of agreement that must be observed for the issuance of the document can be divided into two types, which are:

1) Rules related to the basis for issuing the document: In case of non-compliance with the basis for issuing the document, such as in the transaction contract (for example in the sale) documents that are positive transfer of ownership is not observed the current laws and regulations of the country and the transaction that is documented. If for any legal reason it has been revoked or terminated, in this case, the plaintiff can file a petition for annulment of the transaction and finally request the annulment of the regulatory document based on that power of attorney from the competent courts.

2) Non-compliance with the regulations related to the preparation of official documents: In cases of non-compliance with the regulations in issuing the document, sometimes the main reason for revoking the official document is non-compliance with the regulations for issuing the document, which may happen intentionally or accidentally, but according to the number of regulations and directives, there is a possibility of many mistakes, so to request the revocation of the document should be noted that if the regulation related to the issuance of the document is not observed, it will be possible to prepare and submit a petition for revocation.

Claim Forgery

The allegation of forgery of an official document must be submitted before the first hearing. If the document is presented for the first time in the appeal stage, the deadline for claiming forgery is until the end of the first hearing, but if the document was presented in the initial stage, the forgery claim would not be accepted in the appeal stage, even if the hearing is in absentia. The plaintiff has appealed against them, in which case the only way is to file a criminal complaint, and if a result is obtained through this, and the verdict on forgery is finalized, the trial should be resumed. Of course, it is clear that examining the authenticity of the document and even verifying it in absentia does not prevent the acceptance of the allegation of forgery in the appeal stage, and the absent appeal can be appealed in absentia according to Article 219 of Article 217 of the Code of Civil Procedure. Litigation documents also claim forgery. After claiming the forgery of the document, the court will proceed to issue an agreement on the authenticity of the document within the legal deadline.

One of the consequences of the “rule of supremacy of a criminal sentence over a legal one” is the legal implication of a criminal, if a case is being considered in a legal and criminal court, the court of law must suspend the decision on that issue until a final criminal verdict is issued as the same subject.

Merely filing a claim for forgery against an official document does not stop its implementation (Article 99 of the Law on Registration of Deeds and Property); Therefore, if the forgery of an official document that is in progress is claimed, the plaintiff can file a complaint to a competent court in accordance with Article 1 of the Law Amending Some Articles of the Law on Registration and the Law on Official Offices approved in 1943, and request the cessation of executive operations. According to Article 5 of this law, if the court finds the reasons for his complaint to be strong or the damage is irreparable in the execution of the official document, at the request of the plaintiff and after obtaining equal protection under the Code of Civil Procedure, it will issue an injunction.

To file a lawsuit for cancellation of an official document, you can contact the Asia Lawyers Group so that our consultants and lawyers can guide you with the best guidance in achieving the final goal.