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01:51 pm
Monday, February 22, 2021
Books – Muhammad Al-Sawy:
The Ministry of Justice denied what was rumored about the annulment of the demand for the accuracy of the signature, and said that the demand for validity of the signature is nothing more than a conservative demand aimed at obtaining a ruling that guarantees its plaintiff that his opponent will not contest the validity of his signature in the document accredited to act its validity and invalidity.
The Ministry pointed out, in a statement on Monday, that the ruling issued in the signature validity claim is by its nature outside the scope of the provisions relating to rights in kind object of the created article, so the provisions there issued have no connection with the procedures followed for registration in the property registry.
And he indicated that, as a sign of the imminent work on the provisions of Law No. 186 of 2020, which incorporated a new article No. 35 bis to the Real Estate Registry Law No. 114 of 1946, the Ministry of Justice confirms that the object to introduce the aforementioned article is to simplify the registration procedures and shorten its cycle to urge citizens to prove their real estate once it has been liquidated; A solution to the problem of reexamining the hierarchy of real estate before the Property Registry, after resolving that issue in accordance with final judicial decisions.
The ministry added that, in compliance with the recent law, Counselor Omar Marawan, Minister of Justice, issued Resolution No. 9310 of 2020 that modifies some provisions of the executive regulation of the Real Estate Registry Law, which stipulated the presentation of registration requests. of provisions that confirm the original right, transmission, determination or modification of real estate, or its disappearance, which was resolved on the subject of the dispute without the provisions in which the litigation ended based on the recognition of the origin of the right, o the presentation of requests or documented documents of conciliation between the parties to the competent office, including the sentence and indicating its final status, the data of the property in its place, the rights in kind that were decided on it, the transfer data and a negative certificate from the competent authority that there are no violations on the property.
The application is given a temporary number, and the office publishes, at the applicant’s expense, an advertisement in one of the widely circulated newspapers to invite anyone who has an objection to recording the judgment to present their objection to the business judge. temporary within a month from the date of publication, and the objection is resolved within seven days with a final reasoned decision, and if the aforementioned period has passed No objection from the interested parties or the objections were rejected, the number given temporary number becomes a final number, but if the objection is decided to accept, the clerk’s office notifies the appropriate office to cancel the temporary number.
Article 35 bis of the aforementioned law focuses on the final provisions relating to real estate rights, such as those issued in the cases of validity and enforceability of acts such as contracts (sale, donation, exchange …) and acquisition of real estate as the preference and confirmation of ownership.
It is worth noting that article 35 bis prohibits government companies, agencies, ministries and departments from transferring facilities and services or taking any action related to real estate, except under an official document with a month number or a registration.
The law allowed rights holders to adjust their situation and postponed the application of the law until after six months from the day following its publication date, which expires on 3/6/2021.
The Ministry of Justice urges citizens to register their properties to stabilize their properties and reduce the volume of legal disputes over them, to achieve an increase in real estate investments and raise the market value of these properties.
