In Almaty, court proceedings have begun regarding the assets of Bolat Nazarbayev. It has emerged that he was already litigating over the land beneath the BNC Plaza business centre before his death.
According to CMN, the plaintiff was the sister of his second wife, Maira Kurmangaliyeva – Gulzhamal. The defendants were Bolat Nazarbayev and PrimeCapital Re Plaza LLP.
It is reported that Gulzhamal Kurmangali asked the Bostandyk District Court to invalidate the sale and purchase agreement and the property transfer deed, on the grounds that her father, Saudabay Kurmangaliyev, did not sell the plot of land under the business centre to the former president's younger brother.
The document in question was signed by the parties on 25 September 1999. According to it, Bolat Nazarbayev owns 0.25 acres of land with a building of 1,688 m². He paid 765,000 tenge for the new property.
For his part, the plaintiff's lawyer, Dmitry Sazonov, referred to another sale and purchase agreement, dated 29 September 1999, concluded between the city mayor's office and Maira Kurmangaliyeva's father. That is, four days after the agreement with Bolat Nazarbayev. Saudabay Kurmangaliyev paid 1.6 million tenge for 0.35 acres. Another 0.33 acres were acquired in 2016 by Maira Kurmangaliyeva's son from her first marriage, Daniyar Kesikbayev.
During the proceedings, Judge Aigerim Telbayeva requested the registration file for the real estate and a certificate of registered rights with a history of ownership transfers. She also requested the notarial registration file and the registration log with entries from the Shymkent notarial archive to verify whether the document could have been forged.
Ultimately, notary Gaziza Bektursunova was unable to confirm the transaction, and the archive did not contain the necessary documents. The woman stated that she had a different seal at the time. Furthermore, the document contained an incorrect surname and patronymic.
As it happened, Judge Telbayeva scheduled the hearing for the day of Bolat Nazarbayev's funeral. Lawyer Sazonov petitioned to suspend the court proceedings until the circle of heirs was determined. Meanwhile, Nazarbayev's representatives asked for the proceedings to be discontinued.
Ultimately, on 17 November 2023, the judge ruled: "Proceedings in this civil case are to be suspended due to the death of the defendant Bolat Nazarbayev, as the disputed legal relationship allows for legal succession pending the establishment of the succession relationship." At the same time, the heirs were given six months to formalise the assets. The court took this deadline into account and scheduled the hearing for May of this year.
The court hearing was held online. It was attended by the plaintiff's lawyer Dmitry Sazonov and Bolat Nazarbayev's former lawyers – Timur Ibaidildayev and Zhalgas Askarov. It transpired that they now represent the interests of Nurbek Nazarbayev.
The representative of Gulzhamal Kurmangali petitioned to involve the deceased's heirs in the case. In addition to Nurbek Nazarbayev, Sazonov named another 14 individuals entitled to his father's property.
The defendant's side, on the contrary, asked the court to delay its decision on the petition, arguing that the notary handling the inheritance case was on leave. According to the lawyers, he has not yet issued any documents to Bolat Nazarbayev's children and spouse. The certificate of inheritance is said to be due for issuance at the beginning of June.
"There is a legal will in which everything is left to the eldest son, Nurbek Nazarbayev. The final right of succession has not yet been formalised because there are several dozen claimants. Our client has not yet entered into his inheritance rights. Therefore, there is no need for further consideration of the case. We will have to wait for the notary to return," explained Zhalgas Askarov, the representative of the Nazarbayevs.
As a result, Judge Telbayeva decided that the proceedings had already lasted far too long and dismissed the case. In her words, the heirs had been given enough time to formalise their rights.
"The heirs did not accept the inheritance in a timely manner. As explained by the defendant's lawyers at the hearing, Nurbek and several dozen other children are the heirs. However, they have not accepted the inheritance because there is a large amount of inherited property. Currently, the notary is on annual leave and does not have enough time to issue certificates of the right to inheritance under the law to everyone. The court discontinues proceedings if, after the death of a citizen, legal succession is not permitted. In this case, it is permitted, but the heirs have not entered into their inheritance rights," the judge ruled.
It is reported that the parties may file an appeal against the court's determination. Additionally, the judge indicated that the plaintiff is entitled to file a new claim after the heirs have been identified.
To recall, earlier, the 22-year-old son of Bolat Nazarbayev and Maira Kurmangaliyeva, Khanbolat Nazarbayev, was fined for the illegal construction of a shopping and entertainment centre on Tauelsizdik Avenue in Astana.
Shortly before this, it was reported that another son of Bolat Nazarbayev, Nurbek Nazarbayev, is litigating with the Department for Land Resource Management (DULRM) over land plots on the Ushkonyr Plateau. The prosecutor's office identified violations committed during the allocation of these lands in the Karassai District of Almaty Region.