Requirement to prepare an official document

Requirement to prepare an official document

In Iranian law, sale is achieved by the demand and acceptance of the parties to the transaction, and therefore the demand and acceptance may be verbal and documents and writings have not been exchanged between the parties, but in our society it is customary for people to buy and the sale of their property and assets, first formulate a contract or a letter of sale to ensure that the parties have a real intention to conclude the contract and provide an opportunity to make formal and definitive transfer arrangements for the transaction and some other administrative matters. In the meantime, in order to prepare an official document, sometimes a dispute arises between the parties and the seller or their heirs (in case of the seller’s death) refuse to attend the notary office to prepare the official document and transfer the official ownership.

Claim required to prepare an official document

In filing a lawsuit, it is necessary to prepare an official document so that the lawsuit is properly filed, otherwise the costs incurred, including financial costs and the time spent on filing a lawsuit, will be inconclusive and the claimant must be re-elected by taking the time and cost to file a lawsuit.

A claim for the obligation to prepare an official document must be filed in a competent court, and the competent court is the place of occurrence of immovable property in accordance with Article 12 of the Code of Civil Procedure of the General and Revolutionary Courts in respect of immovable property.

The claim must be filed on behalf of the person or persons (legal or natural) holding the document, explaining that the plaintiff may have purchased the property from a person in whose name is not in the document, and in the contract between them is obliged to transfer the document in the name of the buyer. Since the title deed of the property is not in the name of the seller, the lawsuit will not definitely result in their success, because basically the seller has no place to transfer the document and the deed of registration according to Article 22 of the Registration Law “only the person in whose name the property is registered or “The person to whom the property has been transferred and the transfer has been registered in the real estate office or if the property has been inherited from the official owner will be known as the owner.” and therefore, in such a case, a lawsuit should be filed on behalf of the seller and the owner of the document so that it can be tried in the courts, and if the owner of the document has died before or after the transaction, the lawsuit must be filed on behalf of all heirs (not one of them). Of course, the determination of the deceased heirs of the owner of the document will not lead to the desired result without observing the necessary formalities for monopolizing the inheritance.

Proof of deal with the Droid

Proof of transaction with the defendant through one of the proofs of the most important elements of the lawsuit is the obligation to prepare an official document, because the obligation to prepare a sub-document is the transfer of ownership and until the legal transfer of property to the plaintiff is not proven the document will not be issued and accordingly it is necessary for the plaintiff to first prove his ownership obtained as a result of a written or oral contract by one of the proofs of the claim contained in Article 1258 of the Civil Code. Of course, according to the provisions of the Civil Code, if the conditions for the transaction are met, it is not necessary to prove the need to transfer official ownership, and consequently proof of ownership, the seller’s commitment to prepare an official title deed will be proven according to Article 225 of the Civil Code. Conventionally, the preparation of the document is one of the consequences and customary supplies of the property with a registration history and it is not necessary that the document be prepared in the written or oral contract. However, if the deadline for preparing the document and its location have been determined and agreed, it will eliminate the need for the plaintiff to send a declaration. One of the notary public should inform the defendant so that in case of referred to ingross the document, the preparations for the lawsuit can be prepared. And if the written contract specifies the time and place of preparation of the document, the plaintiff (buyer) is obliged to appear in the designated notary according to the terms of the contract and provide documents that confirm the fulfillment of contractual obligations (for example, a bank check confirming the remaining readiness, the price of the transaction is to announce its readiness to prepare an official document, and if the seller does not show up at the office for any reason, the applicant can request a certificate of absence from the notary public.

In addition to proving ownership, the plaintiff must provide evidence to the court that the plaintiff has fulfilled all of his legal and contractual obligations to pay all or part of the agreed price, other terms and conditions incurred by him in accordance with the act has taken action. Otherwise, if the preparation of the document is subject to the fulfillment of duties and obligations within the agreed period and the applicant has not fulfilled the said obligations within the agreed period, the issuance of an order to prepare the official document will be difficult.

The obligation to prepare an official document is relevant only for properties that have a registration history or are in the process of registration, so the plaintiff must prove the registration history or legal status of the transaction and the legal ownership of the transaction in addition to the petition. This proof is either provided by presenting the original document or image equal to the original ownership document that proves ownership, or the plaintiff requests the court at the same time as filing the petition to first inquire about the latest status of the registration plate. Although in the first case, the court is not satisfied with presenting the original or image equal to the original document and will inquire about the authenticity of the document from the Real Estate Registry, but in any case, it is up to the plaintiff to prove that the defendant has a legal position to transfer the official document. Of course, the person in whose name the document is registered with the real estate office may die before the petition is filed or during the proceedings, in which case a lawsuit must be filed against the entire heir, and if there is a minor heir, the lawsuit is for the guardian, should also be raised, and if the defendant dies during the proceedings, the continuation of the judicial proceedings should continue on behalf of the heir and, if necessary, the guardian.

In submitting a petition, it is not necessary to prepare an official document that all the price of the transaction has been paid or the property subject to the transaction has been delivered to the buyer and is in the possession of referred. The property is subject to the agreement of the parties to the buyer or other issues according to Article 10 of the Civil Code, and explicitly Articles 341 and 364 of the said law regarding the delivery of the transaction or payment of the price are obliged to fulfill the obligation at the agreed time and can be submitted in whole or in part from the seller or all or part of the price of the deadline. Also, the presence of the tenant in the traded property is not an obstacle to the transfer of the document and the parties can agree on how to pay the rent for the remainder of the lease or how to settle with the tenant on any possible deposit or other issues.

Before filing a petition for the obligation to prepare a document, the plaintiff must ensure that, all the above-mentioned arrangements have been made, there is basically no obstacle for the defendant to prepare the document, for example: the seller is not one of the persons prohibited from trading, or in general the traded property has not been previously seized or confiscated from the rights of third parties, or is not mortgaged, otherwise, despite all the efforts of the plaintiffs the court ruling is facing a problem and the plaintiff must either calculate and pay the salary of the mortgagor or the first detainee to solve the problem, or ask the court to issue an order to execute the mortgagor or the detainee, while there is no uniform procedure between the courts do not consider the acceptance of such a request in accordance with the law, in which case the plaintiff will have no choice but to be patient until the assignment of the rights of the priority persons.

However, if at the time of filing the petition, the property is not the subject of a mortgage or detention claim, it is necessary for the plaintiff to request a temporary order from the court during the petition to prevent any transfer of the registration plate, as it has been repeatedly observed that the defendant transferred the document to a third party under various titles and methods during the proceedings, and the plaintiff faced many problems in the enforcement position and the need to file other lawsuits.

The plaintiff must be required to prepare a document for all the functions of the property subject to the transaction, including the arena, its lords and accessories, including parking, storage, and appreciation of commonalities, subscriptions, appointments and other branches, including water, electricity, gas and telephone. They will have to file a lawsuit with the court, otherwise they will be forced to file a separate lawsuit against each of them later, individually or independently, and all the costs and time to apply for them.

The plaintiff must exercise the utmost care and delicacy in preparing the provisions of the petition column and consider all aspects of his petition. And the court is legally obliged to consider what is stated in the petition column and it has no jurisdiction to review and issue a verdict outside its provisions, and therefore it is necessary to prepare a formal document and also ask the court to consider these cases. For example, if at the time of filing the petition, for the property subject to the final petition or the minutes of the separation or the absence of non-collection or government fees have not been paid, the plaintiff must be required to fulfill these obligations, which are necessary to prepare the document. Otherwise the lawsuit in question will actually face a problem and in some cases may lead to the rejection of the lawsuit by the court.

On the other hand, it is appropriate that the plaintiff, in addition to requesting the obligation to prepare the document, depending on the case, the obligation to fulfill other possible obligations such as delivery of goods, demand for obligation to complete the transaction and other cases that may exist in relation to the subject of the transaction. It should not be necessary to file independent claims in any of the above cases.

However, in the claim column of this lawsuit, instead of requesting the obligation to prepare an official document, it may use other topics such as the obligation to prepare the transfer document, the obligation to appear in the notary office and transfer and prepare the document, the obligation to transfer the ownership or the obligation to transfer an official document should be used, which will basically have no effect on the type and outcome of the lawsuit and the process of handling should be achieved the desired result.

If you have any questions about the requirements for preparing an official document and the provisions related to it, or if you need help in preparing and implementing its provisions, our experienced consultants and lawyers at the Asia Lawyers Group will answer your questions.