Filing a claim for return of property or compensation
Anyone who wants to recover property that was taken, or to be compensated for it, needs to know where to file, in what form, and what follows. The office of lawyer Ali Barakat, in Baghdad, al-Yarmouk, follows the steps set by the Property Claims Commission Law No. 13 of 2010 and its Implementing Instructions No. 5 of 2010, published in Official Gazette No. 4163 on 6/9/2010.
Where to file today
Article 22 of the law set 30/6/2011 as the last date for applications to the commission and referred later applications to the civil courts, to be decided under the law. Article 17 of the instructions states plainly that the commission does not accept applications after that date. Someone who did not apply before then brings a case in the competent civil court and relies on Law No. 13 of 2010, not only on the general rules. Someone who applied in time keeps the case before the judicial committee at the commission branch.
The form of the application
Article 15 of the instructions provides that applications are made on forms prepared by the commission. The form records the property, its number and district, and the facts of how it was taken. On that basis the commission branch requests a detailed statement on the property from the Real Estate Registration Directorate under article 14 of the instructions. That statement shows the chain of entries: who the original owner was, under which decision the property moved, and to whom it passed.
What the case asks for
Article 7 of the law sets out what the committee may decide, and the claim is framed accordingly. If the confiscation decision has not been carried out and the property is still registered in the name of the person whose assets were confiscated, the claim is for cancellation of the decision; article 3 of the instructions defines "unexecuted" in this sense. If the decision has been carried out, the claim is for cancellation and return of ownership. If return is impossible because the property serves a public purpose or has been changed, the claim turns to compensation at the property's value on the date of the last inspection. See compensation instead of return.
Notifying the land registry
Article 12 of the instructions allows the committee head to notify the Real Estate Registration Directorate that a case has been brought over property sought to be returned, where the property is undivided or has been split into more than one unit. The notice protects the claimant against dealings in the property while the case is pending.
Procedure before the committee
Article 6 of the law has committees apply the Civil Procedure Law No. 83 of 1969 and the Evidence Law No. 107 of 1979 where no special provision exists. The rules on service, attendance, default and proof by documents, witnesses and expert evidence all apply. Article 9 of the instructions requires committees to give priority by filing date and by the number of times a case has been appealed.
Heirs and people abroad
Article 19 lets an heir sue on behalf of the other heirs, and article 18 has people abroad file through Iraqi diplomatic missions. See heirs and the right to a property claim.
Exemption on transfer
Article 12 of the law exempts the transfer of property under a final judgment issued under it from the taxes and duties prescribed by law. The documents a claim rests on are covered in documents for a property claim, and the deadlines in time limits in property claims.
Legal basis and sources
- Property Claims Commission Law No. 13 of 2010 (Official Gazette No. 4147 of 9/3/2010) — Articles 6, 7, 12, 18, 19 and 22
- Instructions No. 5 of 2010 facilitating the implementation of the Property Claims Commission Law (Official Gazette No. 4163 of 6/9/2010) — Articles 3, 9, 12, 14, 15 and 17
- Civil Procedure Law No. 83 of 1969 (Official Gazette No. 1766 of 10/11/1969)
Frequently asked questions
Can a new application be filed with a commission branch today?
No. The commission accepts no applications after 30/6/2011; a later claim is brought in a civil court under Law No. 13 of 2010.
What is an unexecuted confiscation decision?
A decision issued while the property is still registered in the name of the person whose assets were confiscated, or where the seizure or allocation has not been annotated on the property, under article 3 of the instructions.
Who requests the detailed register statement on the property?
The commission branch, based on the claim form, under article 14 of the instructions.
Are taxes due on transfer after judgment?
Article 12 of the law exempts the transfer from the taxes and duties prescribed by law.
Related topics and articles
- 01Documents needed for a property claim before the commissionThe documents a claim for return of property or compensation rests on under the Property Claims Commission Law: the register entry, the taking decision, the inheritance deed, and proof under the Evidence Law.
- 02Time limits in real property claimsThe key periods and dates in the Property Claims Commission Law No. 13 of 2010: the covered era, the last date for applications on 30/6/2011, the expropriating body's sixty days, and appeal periods.
- 03Heirs and the right to a property claimHow the right to claim return of taken property or compensation passes to heirs under the Property Claims Commission Law: one heir suing for all, the inheritance deed, third-party objection, and heirs abroad.
- 04The Property Claims Commission: who goes to it and the limits of its jurisdictionWho goes to the Property Claims Commission and the limits of its jurisdiction under Law No. 13 of 2010: independence and attachment to parliament, the covered period, judicial committees, and referral to the civil courts.
- 05Objecting to and appealing commission decisionsHow decisions of Property Claims Commission judicial committees are challenged: the appeal panel, objection to default judgments, third-party objection, retrial, cassation, and automatic cassation where the State is ordered to pay or return.