These days, there are a large number of goodwill tax and real estate transfer cases in the courts.  If you come across such tax cases, consult the best tax law attorney so that your work process can go faster and you can win the case.  Of course, choosing the best lawyer active in the field of goodwill tax case and real estate transfer is a time-consuming task;  But you can facilitate this process by contacting us.
 Proof of ownership with a normal document
 
 The claimant of ownership of properties without a record of registration for which an official document has not been issued can, in order to prove his claim, file a claim for proof of ownership and based on affidavit, affidavit, affidavit of possession, local investigation, witness testimony, etc., issue a verdict based on Ask the court to verify his ownership of the said property.
 How to prove property ownership
 
 One of the most complicated real estate lawsuits that we see in the judicial authorities is the lawsuit to prove the ownership of the property.  Due to the different and in some cases conflicting procedures of the courts in dealing with these cases, as well as the lack of familiarity between the persons, or even in some cases, the lawyers and judges’ lack of sufficient mastery of the laws and procedures, the process of handling claims to prove property ownership is prolonged and causes It is possible that in many cases these cases do not end with the desired result.
 Based on Article 22 as well as Article 47 of the Real Estate Registration Law, in the case of real estate that has a title deed, the court considers the owner to be the owner of the original title deed.
 If there is a dispute regarding a property that has not been officially registered in the Real Estate Registry Office and the person who bought it or acquired it in another way wants to prove his ownership of that property, it is necessary to file a lawsuit for the request of “proof”. “ownership” in court.
 If the court verifies the claimant’s ownership according to the reasons and documents of the claimant, including possession of the property, the normal affidavit and the testimony of the witnesses, it will issue a ruling to prove his ownership.
 To obtain additional information about official documents issued by the Real Estate Registry Office, you can refer to the Department of Registration Claims.
 Lawsuits to prove ownership of registered properties
 
 According to Articles 22, 24, 46 and 48 of the Law on Registration of Documents and Real Estate, the claim to prove the ownership of real estate with a registered record cannot be heard;
 Because according to Article 22 of the aforementioned law: “As soon as a property is registered in the real estate register according to the law, the government only recognizes the person in whose name the property is registered or the person to whom the said property has been transferred and this transfer is also registered in the register. The owner knows that the property has been registered or that the property has been inherited from the official owner.
 Therefore, in properties that have a registration history, the government recognizes only the owner whose name the property is registered in the real estate office.  The ownership transfer of registered properties is done by the official transfer of the property, and merely confirming and rejecting the contract and declaring its authenticity does not create ownership.
 What are the reasons to prove property ownership?
 
 It is not necessary to have an affidavit and contract to prove ownership, because ownership may be transferred in different forms.  For example, property ownership may have been forcibly transferred to the owner through inheritance.
 When a claim to prove ownership of the property is raised, the person who claims ownership of the property must prove his claim by using evidence to prove the claim, such as affidavit of possession, witness testimony, ordinary affidavit, etc.
 • Testimony of witnesses: Another evidence that can be used to prove ownership is citing the testimony of witnesses.  For example, the claimant can prove through witnesses that the property was previously in his possession and later the possessor usurped and seized it by coercive force or by trickery and fraud, or he can prove that the property was transferred to him by the possessor. .  Of course, the witness must have legal conditions and the testimony of anyone is not accepted by the court.
 Possession of property (Amareh Yad): according to Article 35 of the Civil Code: ((Possession as ownership is proof of ownership unless the contrary is proven))
 As mentioned in this legal article, mere possession cannot be the reason of ownership;  because if it is proven that the usurpation is usurping, his possession will be shaken and it cannot be a proof of the possessor’s ownership;  Also, the person who holds the money as a trustee or other representative is not considered its owner.
 According to Article 37 of the Civil Law, if the current occupier admits that the property was previously owned by the claimant, in this case, the court cannot rely on its possession to reject the ownership claim of the said person.  Unless he proves that the property has been transferred to him.
 • Normal affidavit: If a person is in possession of the property, but another person claims by submitting an affidavit that the property was legally sold to him, he can prove his ownership by filing a claim to prove ownership and submitting his normal affidavit. to prove
 Proof of ownership of heirs
 
 The heirs of the deceased are divided into two categories:
 • People who are subject to the share of inheritance according to the common law of the country;
 • People who are entitled to inheritance based on the will of the deceased.
 In the first case, a person who is subject to the share of inheritance due to a causal or relative relationship such as spouse, children or parents, can prove his ownership of the relevant property after going through the stages of inheritance monopoly by the court. ;  In such a situation, the court determines the share of each person after issuing the certificate of exclusive inheritance.  That is, it informs people precisely what fraction of the movable and immovable property of the deceased can be received by each person;  Therefore, the court order will be sufficient to prove the ownership.
 In the second case, the person whose name is mentioned in the will, for any reason, must present the deceased’s will to the court in addition to the certificate of exclusive inheritance;  After examining the relevant documents, the court determines the share of that person in the inheritance;  Again, the court ruling proves the ownership.
 Therefore, if a person has a problem to prove his ownership, he can use the valid will of the deceased.  Of course, this requires the existence of the name of the heir and the property assigned to him in the will.
 There is also a third mode which is a combination of the above two modes.  That is, in addition to being considered a legal heir, the person has also been given additional property in the will.  In such a situation, the procedure will be the same as the steps above.  That is, presenting a will along with a certificate of exclusivity of inheritance, which leads to a court order to prove ownership.
 None of the heirs can have a claim to the property of the deceased without holding the certificate of inheritance exclusivity.  After the list of heirs is mentioned by the court in the certificate of exclusivity of inheritance, the heirs can divide the property.  The court that can issue a certificate of exclusivity is the court nearest to the place where the deceased last resided.
 The necessity of filing a lawsuit to prove the ownership of the heirs before dividing the land
 
 Since after the division of the property, the heirs’ ownership of the property is established, therefore, it is necessary for the heirs to file a lawsuit to prove the ownership in the competent authority before dividing the property.
 Of course, it should be noted that if part of the property has not been divided yet, the heirs can file a lawsuit in court.
 The lawsuit to prove ownership in the arena and nobles
 It is necessary to give a definition of the field and nobles first.
 The field means the land and the place on which the building is built, and the nobles mean the building that is built on the ground.
 The claimant can file a claim for proof of ownership regarding land and nobles in court when the property does not have a registered record, the claimant must file his claim in the court where the property is located.
 How to file a lawsuit to prove ownership
 
 In the case of proof of ownership, the plaintiff is the one who claims ownership of the property in some way, and the defendant is the one who sold the unregistered property to the plaintiff, and if there is a previous owner, all the previous owners must be a party to the lawsuit in addition to the seller.  In many cases, failure to comply with this point will result in the issuance of a lawsuit rejection order.
 Joint plan of eviction lawsuit and proof of ownership
 Expropriation lawsuits can only be heard regarding properties that have been registered and an official ownership document has been issued for them.  Therefore, the suit for proof of ownership, which is only about properties that do not have an audible registration record, cannot be filed at the same time as the suit for eviction.  Of course, in some cases, it is possible to file a joint lawsuit to prove ownership and require the removal of aggressive possession.
 Competent authority to prove ownership
 Claims for proof of ownership must be filed in the court where the property (immovable property) is located (even if the defendant is not a resident in that area) and all documents must be submitted along with the petition.
 After referring the case to the branch, holding a hearing and reviewing the claimant’s documents and documents, if the claimant’s authenticity is confirmed, the court will issue a decision to prove his ownership.
 The decision to prove the ownership does not need to be executed, and after the decision is finalized, the convicted person is recognized as the official owner of the property and can use his ownership right.
 If the property is the subject of a lawsuit to prove ownership of the property in the possession of another person, the claimant can file a lawsuit to prove ownership and dispossession together.