A resident of Shymkent filed a lawsuit stating that she lost her residential house, land plot, and apartment. This was reported by Qazaqyia.kz citing Sputnik Kazakhstan.
Relatives illegally sold the property of a woman who is a Group II disabled person. The plaintiff cannot recall under what circumstances she issued a power of attorney to her relatives or when she signed it. She claims she never expressed any will to dispose of her property.
At the time the power of attorney was issued and the transactions were made, she was undergoing inpatient treatment at the regional mental health center, the court reported. According to the woman, the defendants – two notaries and three relatives – exploited her mental state to prepare the necessary documents. Subsequently, all her property, including the house with the land plot and the apartment, was sold.
As a result, the plaintiff lost her home and was forced to live with relatives. A forensic psychiatric examination concluded that the woman has been suffering from a mental illness since 2019. At the time of signing the power of attorney, she did not understand the meaning of her actions and could not control them.
The court found that the plaintiff's expression of will was not conscious when the powers of attorney were issued. Therefore, the powers of attorney and the sale and purchase agreements were declared invalid. The property rights of the woman who filed the lawsuit were restored.