A resident of Balkhash, who paid 1.5 million tenge for an apartment, failed to finalize the deal and turned to court, but was refused. Details are reported by infohub.kz.
As reported on the official Telegram channel of the Karaganda regional courts, the Balkhash city court considered a civil case on a claim to recognize the apartment sale and purchase agreement as valid. The plaintiff claimed that he handed over 1.5 million tenge to the defendant as payment for the housing, which is confirmed by a receipt. In addition, the seller gave him the keys and original title documents.
According to the plaintiff, the deal could not be notarized because the defendant resides outside Kazakhstan, lacks a non-resident IIN, and it is impossible to obtain one through a representative. Therefore, he asked to recognize the deal as valid under paragraph 2 of Article 154 of the Civil Code of the Republic of Kazakhstan.
The defendant admitted the claim, confirming receipt of the money and not objecting to the transfer of ownership of the apartment. However, during the proceedings it turned out that the disputed apartment belonged to the defendant's grandmother under a privatization agreement dated January 27, 1994. After her death in 2009, the apartment was bequeathed to the defendant, but at the time of receiving the money and writing the receipt (September 10, 2025), she had not formalized inheritance rights and had not registered ownership.
The court noted that according to paragraph 1 of Article 118 of the Civil Code of the Republic of Kazakhstan, rights to real estate are subject to state registration. In accordance with paragraphs 2 and 3 of Article 188 of the Civil Code, only the owner has the right to possess, use, and dispose of property, including its alienation. Since the defendant was not the owner at the time of the transaction, she had no legal grounds to dispose of the apartment.
The court dismissed the plaintiff's arguments about the defendant's inability to come to Kazakhstan to formalize the inheritance and obtain an IIN, noting that these circumstances do not exempt from compliance with the established procedure for formalizing inheritance and registering rights to real estate.
As a result, the Balkhash city court refused to satisfy the claim. The judicial panel for civil cases left the decision unchanged, and the appeal was dismissed.