How to file a validity and enforcement claim

How to file a validity and enforcement claim

First: Submitting an application for the real estate month in preparation for the month of the newspaper
1- Initially, the preliminary sales contract with which a validity and enforcement action is filed must include in the devolution clause that it has perished through a long period of ownership - or a registered contract - or a verdict to establish ownership
Therefore, it is not possible to file a validity and enforceability lawsuit that includes a contract that devolves ownership in it through purchase under a preliminary sale contract - and in this case, the lawsuit must be filed with the validity and validity of the two primary sales contracts and the seller is sealed with the seller, and the real estate application and the lawsuit is in two circles, the first link from the seller to the seller , And the second link from the last seller to the client.
 - A real estate month application or an in-kind record is submitted to the Real Estate Registration Office in its jurisdiction of the real estate, out of three copies including the data of the piece or real estate subject of the sale contract, and the request is recorded in the precedence register in the real estate month. Here, the difference between the real estate registration request and the real estate registry request: the real estate month It is concerned with places that enter the city cordon - and the physical record: it is concerned with places that depart from the city cordon and for which a decision is issued by the Minister of Justice to apply the physical record system to them.
In both cases, the content of the application submitted for the real estate month is the same other than that in the case of the real registry, the in-kind registrar must be sealed to make the necessary changes in the real estate unit newspaper.
3- The real estate registry sends a copy of the application to the survey office for research, and a survey fee is estimated according to each plot.
4- After paying the surveying fee, an engineer from the survey shall inspect the property or plot of land that is the subject of the submitted application
5- The engineer writes a survey statement for the plot (cadastral determination list) or the property subject of the request
6- After editing the survey statement, the application shall be sent to the real estate registry
7 - The student receives the survey statement from the real estate registry in preparation for submitting a draft case petition.
8 - The month of the petition must end within a period not exceeding one year, and it includes (the period from the time of submitting the application to the time of submitting the petition for the real estate month of its month, so that if the period of the year expires before the month of the petition, the application is dropped and a new application must be submitted with new application fees and new space procedures, In order to avoid this, a request for an extension of the previous request must be submitted fifteen days before the end of the specified period, so that the request will be extended for another year other than the previous year, so that the opportunity to end the procedures for the month of the petition is given.
Second: Filing a lawsuit

1- After receiving the survey statement from the real estate registry, we write a validity and enforceability claim of the contract, including the cadastral statement in the same petition and including the special application number in the real estate registry ((taking into account avoiding a common mistake in determining the jurisdiction of the court in which the claim is filed on the basis of the price written in the sale contract and is done Determine the court in which the lawsuit is filed as follows:
First: A charge of the property or the plot of land that is the subject of the sale contract must be brought with the case document.
Second: Article 37 of the Procedure Code is implemented, which states: “In assessing the lawsuit's value, consideration shall be given to:
 The lawsuits whose value is due to the value of a real estate, the estimation of this value shall be based on 500 examples of the original bound tax value if the property is built, and if it is from the lands, the estimation shall be by considering four hundred examples of the original tax value. If the property is not bound by a tax, the court has estimated its value))

2- The petition is submitted to the real estate registry for review, accompanied by the survey statement previously received from the real estate registry, and after the technical review, the student receives the claim petition sealed with the lotus seal (valid for the month), or (valid for registration) if it is a personal record
3- After that, the petition is submitted to the main real estate registry to assess the judicial trust, which is a fee estimated at the amount written in the sale contract
4 - We take the petition and it is brought before the court in the usual way for filing cases of estimation, fee and succession plus the judicial trust fee,

5- The receipt of the payment of the judicial trust, as well as the receipt of payment of the profession tax, must be kept in the name of the lawyer filing the case.
6- After completing the procedures for filing the lawsuit by regular means and depositing it in the schedule after setting a session for its consideration, the applicant submits a request to the clerical pen by giving him a true copy of the claim petition before the announcement, provided that the official copy is written on a blue contract from the notary registration contracts, and this contract is available in the real estate registration authorities. An amount of one hundred pounds if the application is a real estate month, and if the application is a physical record, an official copy is required on regular paper.
7 - The official copy of the case petition written on the contract designated for this shall be submitted to the main notary public authority, or the real registry according to the type of request, accompanied by the judicial trust payment receipt and the profession tax payment receipt

8 - The fee estimator estimates the fee for the month of the petition and pays the fee in the notary public treasury, or the real record, and submits the petition and receipts to the competent auditor.
9 - After three days, the publicized petition is received and it is wrapped in which the month number and date are shown if the application is a real estate month and for the real record (and after review) the applicant is granted certificates of registration and conformity as a title deed - which corresponds to the month of the petition in the real estate registration system.

Third: The course of the case

In the session set for hearing the lawsuit, it is presented
1- The publicized petition received from the real estate registry or the certificate of restrictions and conformity that was received from the real registry and charged with the piece or real estate subject of sale if it was not submitted with the sale contract during the filing of the lawsuit.
2- In order to avoid the suit’s expenses, spending is done with the seller on attending the first session to assess a reconciliation report in the case. The two parties request that it be attached to the session’s minutes and prove its content in it and make it in the force of the executive document.
3 - In this case, the court decides to attach the reconciliation report to the session minutes and confirm its content in it and make it in the force of the executive document, and thus the case ends