In accordance with Art. 33 of the Law of the Republic of Kazakhstan "On State Registration of Rights to Real Estate", the cancellation of entries in the registration sheet of the legal cadastre is carried out by the registration authority on the basis of court decisions that have entered into legal force.
As a rule, the basis for the cancellation of an entry in the registration sheet of the legal cadastre is a court decision on the recognition of a transaction aimed at the emergence, change and termination of rights (encumbrances) to real estate as invalid. The court may also recognize other title documents as invalid.
When a transaction is recognized as invalid, the entries on registered rights are canceled, since the rights (encumbrances on rights) are not considered to have arisen from the moment the transaction is completed.
Thus, on the basis of a court decision on the recognition of a title document as invalid, the registration authority is obliged to cancel the entry on its registration in accordance with the rules for canceling entries in the legal cadastre.
In the event of cancellation of the entry on registration of the emergence of the right to real estate in the presence of encumbrances, the registration authority must, within seven working days from the date of receipt of the judicial act, notify the pledgee or the relevant authorized body, by whose decision the restriction was imposed, of the cancellation of the entry in the registration sheet of the legal cadastre.
In connection with this, in the event of cancellation of the entry in the registration sheet of the legal cadastre, filing an application in the general manner is not required and the registration authority, upon receipt by the office of a judicial act that has entered into legal force, must execute it by canceling the entry in the registration sheet.