Refutation on behalf of Grand Mufti’s Office related to the case for succession in SCC
Subject: released in different media information that the Mufti’s Office finally lost a case for 1500 properties in the Supreme Court of Cassation.
Hereby we would like to inform you that there is not such a case in the Supreme Court of Cassation (SCC).
It is not true that the Muslim Denomination or Grand Mufti’s Office has claims for 1500 properties.
It is not true that with the mentioned case the Mufti’s Office lost litigation for whatever property.
It is not true that according to a decision or an order of the SCC the Mufti’s Office can not establish a succession between the Muslim Denomination and existing before 1949 Muslim Denomination Municipalities and other legal entities.
By an order from 28th of January, 2016 the SCC ruled about c.m.No: 2451/2015г. of the inventory of second commercial section.
With this order neither is said that the Muslim Denomination or Grand Mufti’s Office is an owner or not of whatever questioned immovable property, nor is said the Muslim Denomination is not a successor of whatever legal entity of the Muslim community existing before 1949.
By the order is confirmed a Decision of the Sofia Appellate Court with which is invalidated a decision of Sofia Civil Court concerning entered decision for succession.
According to the acts (decision and order) of SAC and SCC it is not this way for establishment of a succession - contentious proceedings, but through claim proceedings.
And the Muslim Denomination will use the possibility which the law provides and will bring a new case for accession under the claim proceedings.
Due to an imprecise wording of the Law on Religious Denominations the text which regulates the possibility for establishment of succession had the characteristics of contentious proceedings but also of claim proceedings too, due to which the case was brought into contentious proceedings.
After the interpretation of the acts of SAC and SCC, the Muslim Denomination is obliged and will respect the view of SAC and SCC and will bring a case according to the shown by SCC correct way. Which again is not a dispute for ownership of any property, but a claim for establishment of succession.
The disputes for ownership of properties are in different courts according to the location of the property and there are not more than 30 cases for approximately the same number of immovable property. The question of succession is essential for the proper settlement of the disputes for ownership. Due to which decisions on the disputes for ownership before the completion of the case for succession in the future claim of the Muslim Denomination.