The court ruled that the CPAU will not amend the property rights for the apartment due to a mistake in the applicants' last names.

After the man's death, his daughter received a certificate of inheritance rights for a 1/4 share of the apartment. However, it was not possible to register the certificate at the CPAU due to a typographical error in the names of the property owners in the title document issued on November 15, 1995. This is stated in the decision of the Domanyvsky District Court of Mykolaiv region, published on February 10, 2025.

The applicants appealed to the court with a request to establish a fact of legal significance, citing that on November 15, 1995, the Department of Capital Construction of the Agricultural Management of the District Executive Committee issued a certificate of ownership of the apartment based on order No. 713 dated November 15, 1995. According to this certificate, they hold the apartment as private joint ownership. The mentioned apartment has a total area of 50.0 square meters and consists of two living rooms, a kitchen, a bathroom, a wardrobe, a corridor, a balcony, and a built-in closet, located on the second floor of a two-story building. After the man’s death, his share of the apartment was inherited by his daughter, according to the certificate of inheritance rights issued on September 9, 2024. Upon registering the aforementioned certificate at the CNAP of the Pribug Village Council in Mykolaiv region, it was discovered that the names of the owners in the certificate of ownership did not match those listed in their passports due to a typographical error. As a result of this mistake, the CNAP of the Pribug Village Council in Mykolaiv region was unable to carry out the state registration of changes in property rights to the apartment.

What was the court's decision?

The applicants' claim was granted. The court established that the certificate of ownership of the apartment, issued by the Department of Capital Construction of the Agricultural Management of the District Executive Committee on November 15, 1995, in the names of three individuals, indeed belongs to them.

"The court concludes that the fact of ownership of the title document by the applicants has been proven. Considering that the establishment of this legal fact is necessary for the applicants to carry out the state registration of property rights to real estate and that it is impossible to correct the error in the document through administrative means, the court finds it necessary to grant the request," the court emphasized.