Quick Solutions to Legal Problems for Iranians Abroad with the Mikhak System

The Alemohammad Law Office, by providing professional and reliable services, helps Iranians living abroad easily resolve their legal issues such as inheritance, divorce cases, and property disputes. Living abroad offers many advantages for dear Iranians, but sometimes they face legal problems such as inheritance, divorce cases, and property disputes that require consultation and legal follow-up in Iran. Therefore, having a lawyer in Iran is essential to resolve these problems. At Alemohammad Law Office, we are ready with our experience and expertise to help you with all legal procedures.Quick Solutions to Legal Problems for Iranians Abroad with the Mikhak System

Services of Alemohammad Law Office

Alemohammad Law Office, focusing on providing legal services to Iranians living abroad, is by your side in areas such as legal advice on inheritance, divorce cases, property disputes in Iran, and other legal issues, so you can easily and confidently pursue your legal matters from abroad. We provide professional and effective legal services for you through the Mikhak System and other legal methods.

Consultation and Follow-Up on Inheritance Cases by Alemohammad Law Office

When someone passes away and their property and assets need to be divided among heirs, services related to inheritance exclusivity and division, according to Iranian laws, are among the specialized services of Alemohammad Law Office.

Consultation and Representation in Divorce Cases by Alemohammad Law Office Lawyers

If you or a family member live abroad and need to follow divorce procedures in Iran, Ale Mohammad Law Office is ready to provide you with legal advice and handle all legal steps for you.

Consultation on Property Disputes in Iran by Alemohammad Law Office

Among the legal services of Alemohammad Law Office are consultation and representation in property disputes, which include issues related to buying and selling, renting, possession, or other real estate problems.

Inheritance Exclusivity: Complete Explanation and Its Steps with the Help of Alemohammad Law Office

Inheritance exclusivity is the process carried out after the death of a person who has left assets, to identify the heirs and divide the assets. This legal process is essential for the heirs to officially receive their rights to the deceased’s property.

When Should Inheritance Exclusivity Be Done?

After the death of the person: When someone passes away and has assets that need to be divided.

In case of disputes among heirs: When there are legal disputes among the heirs, and the legal heirs need to be determined.

To receive rights and pensions: If the heirs need a legal document to receive the deceased’s rights, inheritance exclusivity is essential.

Steps for Inheritance Exclusivity with Guidance from AleMohammad Law Office

Request for inheritance exclusivity:  The heirs must first submit a request for inheritance exclusivity to the court.

Providing identification documents: The heirs’ identification documents and the death certificate of the deceased are necessary to start the process.

Issuance of inheritance exclusivity ruling: The court issues the inheritance exclusivity ruling after reviewing the documents.

Division of assets: After the ruling is issued, the heirs can divide the deceased’s assets according to the law.

Alemohammad Law Office, with experience in inheritance and inheritance exclusivity cases, will handle all stages of this process for you easily.

Steps to Use the Mikhak System to Receive Services from Alemohammad Law Office

Accessing the Mikhak System: To use Iran’s consular and legal services through the Mikhak System, you must first access the Mikhak System website. At this stage, there are two methods for accessing the system:

Access with a one-time password: By entering your email and national ID, you receive a temporary password and enter the system.

Access with a permanent password: After setting a permanent password, you can use it to access the system.

Completing Profile Information in the Mikhak System: At this stage, you need to enter and complete your personal information. This information includes name, national ID, date of birth, and contact information.

Submitting Requests through the Mikhak System to Alemohammad Law Office: At this stage, you can submit your requests. These requests may include document certification, registering power of attorney documents, or legal requests such as inheritance, divorce, and property disputes.

Tracking Problems and Requests in the Mikhak System: If there is any issue in registering or tracking requests, you can report your problems through the Mikhak System. With a tracking code, your request will be tracked.

Final Registration of Information in the Mikhak System: After completing the information and registering requests, you can review and confirm your information. After final registration, your request will be saved in the system.

The Alemohamad Law Office, specializing in providing legal services in Iran, helps you navigate all legal procedures, especially in the areas of inheritance, divorce, and property disputes, accurately and quickly. Using the Mikhak System and our legal expertise, you can pursue your legal issues from anywhere in the world. We will be by your side to easily solve all your legal matters.

The copy of title deeds are issued in the following cases:

1. In case of missing title deed
2. In case of loss of all title deeds or part of it
3. If the title deed is with another person and it is not possible to return it even through the judicial authorities.

Note – Theft of title deeds and… It is also subject to paragraph 1.

In cases where the owner requests the copy issuance of the title deed due to the loss or loss of the title deed, the owner must inform the local registry office in writing by destroying or missing the document, and an affidavit declaring the testimony and notification of at least three persons whose identity and signature have been certified by one of the witnesses and the identity and signature mentioned in the local police certificate or one of the witnesses. Notary has arrived, attached. After receiving the application and the affidavit, the registry office must first register it and reflect it in the real estate office and then announce the orders in a letter to notary offices, and in the places where the computer is used, issuance of the foresaid letter is not necessary and should be communicated to the computer operator and then at the requesting cost, the order is once in one of the Advertise widely used newspapers or one of the newspapers where advertisements are posted. In the event that no objection has been made within ten days from the date of publication of the advertisement or if the original title deed or transaction document has not been submitted, the Registry Office will issue a copy of title deed, and in cases where the contents of the page or pages of the title deed are missing, a copy shall be issued.

The copy of title deed contains all the contents of the missing document. (It is not necessary to mention conditional and mortgage documents that have been terminated or sealed)

In the advertisement published in the newspaper, the following should be stated:

1. The owner’s name and surname.
2. Number plate and section and location of the property.
3. Summary of claims of loss or loss of title deed.
4. Transactions that tell the story of the records of the record and the declaration of the documentary owner to the official document in the title deed.
5. Note that anyone who has made a transaction regarding the property that is not mentioned in the fourth part or claims the existence of the title deed with him, shall refer to the fixed place of the advertisement within ten days after the publication of the advertisement and submit his objection while presenting the original title deed or the title deed of the transaction, and if there is no objection within the deadline or if the original title deed or the title deed of the transaction is submitted. The Replica Registration Office will issue the title deed in accordance with the regulations and submit it to the applicant.

A capital market lawyer explained how to transfer the shares of the deceased stockholder to the heirs and emphasized that selling the shares of the deceased after his/her death and without informing the other heirs is a crime.

In an interview with ISNA, Hamid Asadi, emphasizing that one of the most important challenges in the capital market is the transfer and probate between the heirs of the deceased, said: Heirs mean children, both sons and daughters, spouses, husbands, parents, and if they are not, it is the turn of the other heirs, including siblings, aunts, uncles, and cousins. Submit a claim for probate to the Dispute Resolution Council of the last residence of the deceased, ie the last city and neighborhood where the deceased shareholder resided.

He continued: “Sometimes some deceased shareholders go to the place where the stock code was obtained, which is a wrong thing to do.” The broker who gave the shareholder code to the deceased shareholder has no influence in this process. Of course, the petition is currently filed electronically with the Electronic Judicial Services Office, and heirs can apply for probate. After the certificate of probate is issued, if the heirs agree with each other, they can refer to the Central Depository of Securities, where they inherit in proportion to the share of inheritance from the deceased shares.

The capital market lawyer went on to explain that some people think that the shares of the deceased must be sold, while this is not the case. There is a possibility of forced transfer (involuntary transfer) in the depository company. In fact, the shares of the deceased are separated and the proportion is transferred to each of the heirs if they have a share code. In fact, the stock is not perishable and is completely separable. At this stage, one of the heirs can also refer to the depository company on behalf of the other heirs. According to Asadi, if the heirs disagree, they must file a claim for monopoly of inheritance in court before the deposit company.

It is a crime to sell deceased shares before the probate

He went on to say that the process of probate of a deceased person’s code is lost: “Sometimes a person who dies has given his username and password to one of the heirs before he dies.” After a person dies, some people sell the deceased person’s stock because they are involved in the process, because the stock exchange code is not revoked as soon as the person dies. The online system of the death certificate must be connected to the online system of central deposit, which will be blocked after the death of the stock exchange code. But this is not possible at the moment. Regardless of whether the action of the person selling the deceased’s shares is good faith or malice, this act of the heir in selling the shares after the death of the deceased is a crime of selling other people’s property and other heirs can file criminal charges against the person.

The End

https://isna.ir

The Judiciary of the Islamic Republic of Iran has launched the Sana system abroad. By using this system the problems and issues of Iranians abroad will be solved more easily and quickly.

What is Sana system?

According to the law of criminal procedure, the judiciary in 2016 designed and implemented a system called Sana system through which all judicial notices can be seen. In this way, all judicial documents are communicated to natural and legal persons.

From that date on, no notice will be sent on paper or in person to the door of a person’s home. Also, through this system Iranians abroad can easily represent our law office in Iran and arrange a power of attorney contract.

 New possibilities of Sana system for Iranians abroad

Iranians abroad can access electronic judicial services online by visiting kharej.adliran.ir  without visiting the embassies, consulates, interest offices and without referring to Mikhak System and the problem of Iranians abroad who don’t have Sana code and could not receive judicial documents electronically will be solved.

Authentication and offline registration in Sana

The Deputy Minister of International Affairs of the Judiciary clarified: Those who do not have a Sana user code will also be able to authenticate and register online from February 22nd of this year.

The multi-year problem of Iranians abroad who did not have a Sana code and could not be served with judicial documents electronically will be solved.

Online issuance of certificate of no criminal record in English

He noted that by the end of the year, it will be possible to issue a certificate of no criminal record online in English, especially for Iranians abroad, so that the work, which now takes more than two months through the Ministry of Foreign Affairs and the International Police, will take one day. And be done without any face-to-face consultation. (This has not been done yet)

Entrusting divorce and hereditary disputes to a lawyer with the Sana system

If the Iranian person is living abroad and has registered in the Sana system, he can easily sign a contract with a lawyer in Iran.

With this power of attorney contract, the lawyer can act in all judicial matters such as consensual divorce or matters related to heirs. In this case, there is no need to set up advocacy in the Mikhak system.

Manufacturers and business owners always choose a name for their products that is known and introduced after being recognized by the target market (customers). The first step in starting a business, whether manufacturing or giving service, is to select and register trademarks. This brand differentiates your services or products from competitors and your customers will know you by that name.

After choosing a brand, the first thing you need to do is register your brand or trademark. Brand registration means that you register that brand in the system of the country’s intellectual property office (which is in charge of registering trademarks in Iran) so that it is recognized and no person or company can later use that mark or name in your field of activity.

Trademark registration is optional by law, unless required by the government. According to the decision of the Cabinet of Ministers on May 3, 1328, the registration of symptoms is mandatory for each of the following cases: 1) specific medicines used in medicine 2) food that is offered in special wrappers and containers. 3) Cokes and sparkling water 4) Cosmetics that are used for direct use on human skin.

Trademarks should have features such as:

A) Do not mislead customers.
B) It must be distinctive and innovative.

To register a trademark, first prepare the following documents:

A real person:

1.  Copy of the applicant’s identity card
2.  Copy of the applicant’s national card
3.  Copy of business card (if Latin letters are used)
4. Copy of activity license (establishment license, exploitation license, manufacturing license, business license or business card or any activity certificate issued by government regulatory bodies)
5. Sample trademark

Legal person:

1.  Copy of the CEO’s ID card
2.  Copy of the national card of the CEO
3.  Copy of the founding newspaper and the latest changes of the company (from the last changes of the company should not be more than two years ago)
4.  Copy of activity license (establishment license, exploitation license, manufacturing license, business license or business card or any activity certificate issued by government regulatory bodies)
5.  Copy of business card (if Latin letters are used)
6.  A sample of the requested mark (in a 10 by 10 box)

Note: If your desired mark or name is not used in the image to register Latin words or letters, a business card will not be required.

Then refer to the industrial property system (trademark registration section) at sherkat.ssaa.ir and complete the steps of registering a trademark declaration according to the type of natural or legal person. The applicant must specify which chapter and class his trademark belongs to. After completing the requested information, upload the mentioned documents in the system, and at the end, review and confirm the entered information, and pay the initial registration fee online. After this step, a tracking number will be sent to you.

The Industrial Property Office shall examine the declaration in terms of compliance with the terms and conditions set forth in this law, and if it observes any defects in them, it shall notify the applicant of the steps to be taken to remedy the defects. It is noteworthy that the office’s response can be seen only through the follow-up section of the declaration and the case summary, and all correspondence regarding the declaration is possible through this system.

According to Article 9 of the Law on Registration of Trademarks and Inventions: “In the following cases, the branch manager mentioned in Article 6 will reject the application for registration:
۱) If the mark is contrary to the provisions of law.
۲) If the mark is already registered under another name or the similarity of the mark with another mark that is registered is such that it misleads ordinary consumers, ie people who do not have special information.

If the Industrial Property Office determines that the conditions set forth in this law have been met, it shall register the mark and publish an announcement related to its registration. (Payment of trademark registration fees is the responsibility of the applicant).

It is necessary to explain that in the official newspaper, with the name and address of the owner of the mark and the goods in which the mark is used, it is advertised with all the specifications.

After the announcement of the declaration and until the registration of the mark, the applicant has privileges and rights that will be enjoyed if registered. However, if a claim is filed by the applicant for an action taken after the announcement of the declaration and the defendant proves that the mark was not legally registrable at the time of the action, the defendant will defend himself and the case of registration or non-registration The appropriate decision mark shall be taken and if within 30 days from the date of publication of the protest notice by the interested parties, the registration office shall register the requested mark in the name of the applicant in the special office and submit the registration certificate to the applicant. . (Using materials 6,7,7,10,11 A.Q.S.A.V.1).

It is worth mentioning that if the objector proves, the objector was aware of his / her continued use of the sign before requesting the registration of the mark by the objector and has not made any objection, in which case the court objected to the registration of the mark. The protester will not act and the mark will be registered in the name of the protester. This is because the legislature protects the rights of someone who has a longer history of using the mark before applying for registration, provided that it does not deceive or infringe on other rights.

If the owner of the mark does not knowingly object to the use of another, this is a reason for his waiver of his right and in fact a kind of implicit permission for another use, in which case the person can not after the mark is known by another and It made his product famous under the pretext of precedence

According to the labor law, after termination of cooperation with the employer under legal conditions, workers and employees are entitled to receive unemployment insurance. One of the most important things to consider about the laws is the definition of unemployed in terms of the law because most people think that unemployment that can benefit from this law is different from the definition of the insurance law. An unemployed person is an insured person who is unemployed against his will and is ready to work

Eligibility for unemployment insurance, having at least one year of insurance history, and if you have worked in several workshops during the year, it is enough to have at least six months of insurance history in the last workshop.
Given the legal complexities of setting up and receiving unemployment insurance pension, an experienced lawyer can be your best legal adviser and representative.
If the insured is declared temporarily unemployed due to structural economic changes of the relevant working group and at the discretion of the relevant ministry and the approval of the High Labor Council, as well as the insured who are unemployed due to unexpected events such as floods, earthquakes, wars and fires, The determination of whether the insured unemployment is voluntary or involuntary is the responsibility of a committee composed of representatives of the Social Security Organization and the Department of Labor and Social Affairs of the insured place of employment.
Do not consider unemployment insurance if you have left your job of your own free will, or have agreed with your employer for any reason and under any agreement, or if you do not have Social Security at all.
Also, the unemployed has a fixed-term employment contract if they have been fired during the contract period based on the decision of the dispute resolution authority, and the people working in jobs that are permanent in nature and have been working for a certain period according to the employment contract. Socially, if they become unemployed at the end of the contract, they will be protected and will be entitled to unemployment insurance benefits.
In order to receive unemployment insurance benefits, the unemployed insured must inform the relevant labor and social affairs unit within 30 days from the date of unemployment and declare their readiness for employment in their specialized job or similar work in order to be able to use unemployment insurance. Slowly
Unemployed insured persons can apply for unemployment insurance if they are covered by the Labor and Social Security Act, are not foreign nationals, are not retired or have a general disability and have at least 12 months of insurance history.
Many people think that they can use unemployment insurance as long as they want, this is a misconception and it should be noted that the period of payment of unemployment insurance benefits to eligible policyholders depends on their insurance history and the maximum Its use time is 36 months for singles and 50 months for married people.
Unemployed persons who have been fired in accordance with the provisions of the Labor Law and according to the votes issued by the dispute resolution authorities provided for in this law due to failure to perform their duties or violation of disciplinary regulations by the employer, will not be entitled to unemployment insurance benefits. Payment of unemployment insurance benefit to the insured If it is determined that the insured unemployment was of his / her own will, the insured must repay the funds received as unemployment insurance benefit to the Social Security Organization.
If the unemployed insured person does not declare his / her re-employment and continues to receive unemployment insurance benefits despite his / her employment, he / she must return the benefits received from the time of employment to social security.
Unemployment insurance premiums are 4% of the average insured salary, which can be increased by up to 4% per person depending on the number of dependents, provided that it is not less than the minimum wage for the same year set by the High Labor Council and ٨٠ Percentage of insured salary should not be more.

The custody of the child

According to Article 1168: Taking care of children is both a right and a duty of parents. According to Article 1169 For the custody and custody of a child whose parents live apart, the mother has priority until the age of seven, after which she is with the father.

After the age of one week, in the event of a dispute, the custody of the child shall be at the discretion of the court in the best interests of the child. In fact, it is called custody in Iranian law.

According to the two articles mentioned, custody is the authority that the law has given to their parents in order to take care of and raise children. In this authority, right and duty are intertwined.

Custody is domination of the child’s upbringing. Parents’ rights are a means of fulfilling their duties and can be divided into two elements: child care and upbringing.

Persons in charge of child custody

Custody of the child is primarily the right and duty of the parents. But when one or both parents die or the parents separate, it is up to the child to take custody so that a good decision can be made based on the best interests of the child.

From the set of provisions in the Civil Code and the Family Protection Law, it can be seen that custody of a child will be with the other in the event of the death of one parent. In the next degree, the persons in charge of custody are the paternal ancestor and the guardian appointed by them, who will have the authority to take custody.

Custody of a child before the age of seven

Custody of a child or children (both boys and girls) is with the mother until the age of seven, unless the parents agree otherwise. The father has no right to separate children under the age of seven from the mother, unless he has a justifiable excuse and a legal reason, in which case he must also go to court and prove his claim. If the father refuses to give the children to the mother under the age of seven, the mother can apply to the court for an interim injunction to return the child. Due to the fact that according to the law, custody of the child is with the mother, there is no need to prove something in court and the court will immediately issue a return order for the child. This sentence is immediately enforceable.

Custody of a child after the age of seven

Custody of the child or children (both girls and boys) is with the father after the age of seven, unless the parents agree otherwise. Although custody of the children is with the father after the age of seven, if the mother can prove in court that the father is not competent to have custody of the children, the court will decide with whom the custody of the child is based on the best interests of the child. The law does not set a standard for the best interests of the child, but it does usually take into account the child’s physical and mental health and upbringing. The court may even transfer custody of the child to a third party other than the parents if the best interests of the child so require.

Custody of a child after puberty

The age of puberty is nine full lunar years for a girl and fifteen full lunar years for a boy. After reaching this age, the child can decide for himself which mother or father he wants to live with.

Custody of a child after divorce

The law also stipulates custody of a child after divorce. Accordingly, custody of a daughter and son is with the mother until the age of seven and then until puberty with the father.

If one of the parents refuses, the court can compel the custodian to do so. If this obligation is not possible or effective, he will provide custody of the child at the expense of the father and if the father has died at the expense of the mother.

According to civil law, the nature of child custody is a right and a responsibility of parents. This means that the parents have the right to take care of their child and also the parents are legally obliged to do so. So if one parent refuses to do so, the other can sue.

Custody of the child after the death of the father

In the event of the death of the child’s father, according to the law, the custody of the child will be with the mother and no one has the right to deprive the mother of this right unless by law and the mother can not refuse custody and upbringing of her child after the death of the child’s father. Because if the mother refuses to take custody of the child, the court can oblige her to take care of the child and, if the obligation is not possible, provide custody of the child at the expense of the father and if the father is not alive at the expense of the mother.

The custody of a child or minor children whose fathers have risen to the high position of martyrdom or died is entrusted to their mothers, in addition to which the government or, in the event of the father’s testimony, the Veterans Foundation pays the children’s living expenses to their mothers within normal limits.

Custody of the child in case of marriage of the mother

The legislature has allowed the mother to continue to take custody of the children in the event of remarriage, but by law the husband must give custody to his wife, and it is customary for the husband to appear at the custody office and give his or her written consent. It is necessary to mention two points here: First, regardless of the fact that the uncle or aunt has no role in custody, if the mother is not competent to take care of the children, this right is taken away from her by the court, for example a woman with a bad reputation. Or her behavior is inappropriate and effective in the upbringing of children. If the paternal grandfather declares this matter to the court and requests the disqualification of the mother, the court will investigate the matter in an appropriate manner and instruct the assistants or the police to refer to The place of residence of the children and their mother, if the claim of the paternal grandfather or any other person who has declared it is true and the custody of the children by the mother is not expedient, custody will be given to him and otherwise from relatives and relatives to a person Who are eligible for custody are deposited. Second, custody includes only the physical and mental upbringing of the child, through means such as nutrition, upbringing, upbringing and education and what is necessary for his survival, but important financial matters of the child, such as real estate transfers, buying and selling a house and the like. It is the responsibility of the paternal grandfather. To these can be added important non-financial issues, such as getting a passport or getting married.

Deprivation of custody of a child

Whenever the physical health or moral upbringing of the child or children is endangered due to lack of parental care or moral degeneration, the court may, at the request of the child’s relatives or at the request of his / her guardian or at the request of the head of the jurisdiction, decide The following are examples of parental neglect or moral degeneration:

• Harmful addiction to alcohol, drugs and gambling.
• Child abuse or coercion into immoral occupations such as corruption, prostitution, begging and trafficking.
• Repetition of beatings outside the norm.
• Reputation for immorality and prostitution.
• Having a mental illness with a forensic diagnosis.

In addition, in case of the mother’s insanity while custody is with her, and also in case of the mother’s marriage if the father is not competent, the court will transfer custody of the child to another relative of the child.

Child custody lawsuit

A child custody lawsuit is filed when one of the parents files a lawsuit against the custodial parent based on incompetence in custody of the child. Child custody lawsuits include child abuse, including unusual beatings, forcing a child to beg or commit prostitution and trafficking, child abuse and neglect, alcohol and drug addiction, a reputation for immorality, and prostitution and addiction. He referred to gambling or the death of a custodial parent. Also, if the custody of the child is with the mother, with his remarriage, the father can file a lawsuit to disqualify the mother. In other cases of disqualification, the evidence is with the plaintiff and the plaintiff can attract witnesses and others by requesting expertise. Prove the evidence of your claim.

Steps of child custody

Any parent who claims that the other party is incompetent can file a petition for custody based on one or more of the above. Of course, a mere claim is not enough, and the plaintiff must also provide plausible evidence to the court. Like the following examples:

If he claims that the other party is beating the child, in cases where the effects of the beating are not obvious or psychological harassment has occurred, he must have a witness or have obtained a forensic certificate.

If there are signs of beatings on the child’s body, he can present a forensic medical certificate to the court.

A person who does not have custody is not generally barred from visiting his or her child.

She has the right to visit her child, and if the parents do not agree on the arrangement of this visit, for example, her time and place, the court will determine the task in this regard.

This right is a right that is also recognized by law, to the extent that if the custodian prevents the other party from meeting the child, the court will act and make the appropriate decision, for example, it may revoke custody or a person Appoint a supervisor (Article 41 of the Family Protection Law).

Also, the custodian cannot take the child in custody abroad without the knowledge and consent of the other party; This can only be done if the court deems it in the best interests of the child and allows it, taking into account the right of access of entitled persons

The landlord is obliged to make the necessary repairs during the lease

If the property needs major repairs after the conclusion of the lease or during the lease, the landlord is obliged to make the necessary repairs. If the landlord does not carry out major repairs, the tenant can file a lawsuit seeking to oblige the landlord to overhaul the property. After examining the matter and, if necessary, referring the matter to the official expert of the judiciary, the court will sentence the defendant to carry out major repairs.
Litigation parties: In this litigation, the tenant (plaintiff) files the lawsuit on behalf of the landlord (defendant).

Competent authority to hear: The jurisdiction of the courts of justice in financial claims is higher than twenty million tomans. Therefore, if we calendar the request to carry out major repairs in the amount of more than twenty million tomans, the court whose property is in its jurisdiction is competent to hear. However, if we reduce our demand to less than twenty million Tomans, the Dispute Resolution Council at the location of the property will have the authority to handle the dispute.

How to execute the final decision, based on the landlord’s obligation to repair, if the landlord does not make the desired overhaul, the tenant can make the desired repairs to the landlord’s account based on the opinion of the official expert of the judiciary, and deduct from the rent Slowly If the rent does not cover the cost of repairs, the tenant can seize the landlord’s other property and pay for the repairs from the place of sale. If the property is not available from the landlord, the landlord will be called in until the repairs are paid.

Some key points related to the landlord’s obligation to make major repairs to the same tenant:

1. If the landlord does not carry out a major repair within the time limit set by the court, the tenant can, with the supervision of the court, repair the property and demand its costs from the landlord or terminate the lease. In case of termination of the lease agreement as described above, the tenant can, through an independent lawsuit, request the return of the property deposit amount from the landlord.
2. The tenant, without a court order, can not make major repairs to the property. If the tenant makes major repairs without the court’s permission, he or she cannot claim repairs from the landlord.
3.  Determining whether the required repair is part of the major or non-major repairs with the court.
4.  If there was a defect in the leased property at the time of the contract, the tenant can terminate the lease. Unless the landlord fixes the defect in the property.
5.  If the need to repair the property is due to improper and unconventional use of the tenant of the property, the owner can not be forced to repair the property.

As you know, according to Article 1133 of the Civil Code and Sharia, the right to divorce is in the hands of men. But a man can delegate his right to divorce to his wife or any other person.
Of course, if the husband has given his wife a power of attorney to divorce, the man’s right to divorce is still valid and the husband can file for divorce on behalf of the husband.

Representation of the right to divorce or obtaining the right to divorce is in two ways:

√The first is to be written as a condition in the marriage document

√ Second, the couple (man) goes to one of the notaries and gives power of attorney in divorce to his wife or another. If the couple is abroad, he can go to the Iranian embassy or consulate and give the right to divorce to anyone who wants To grant. But it is common for a man to give his wife a power of attorney in a divorce. But as mentioned, the couple can delegate this divorce power to whomever they want, assuming their father, friend or spouse.

If the right to divorce is considered as a condition of the contract, the marriage certificate is sufficient to do so. If the divorce is done in the office, the original and copy of the identity card, the original and copy of the national card and the original marriage certificate are required.

It should be noted that the wife needs a formal power of attorney from the husband to prove her power of attorney in court. In practice, the wife cannot introduce herself as the husband’s lawyer only on the basis of a condition during the marriage; Therefore, in order for the condition to be enforceable during the marriage, in addition to including such a condition, it is necessary for the husband to go to the notary public office to be granted power of attorney to the wife and provide the necessary documents to the wife and provide the necessary documents to obtain the right. Divorce, grant power of attorney to divorce. Let us now examine the conditions of such a power of attorney:

The power of attorney given by the husband to the wife must be irrevocable.

Power of attorney is permissible (ie each of the parties can terminate it at any time), so it is better to have a power of attorney, in addition to the marriage contract that needs to be granted to the wife, or at the beginning of the power of attorney phrase “Out” to be inserted. In this way, the power of attorney granted to the wife can not be easily revoked.
In the power of attorney of the client (husband), the lawyer (wife) should be given all the powers related to the divorce of the wife and observing its legal formalities, so that the wife can free herself from the bondage of marriage without acting on behalf of her husband. Can disrupt such a process; Items such as: referring to electronic services offices, referring to the court or dispute resolution council, referring to arbitration or selecting an arbitrator, referring to notary public and divorce registration, issuing a divorce decree, receiving a divorce certificate, granting power of attorney to others, the right to receive or Dowry by the husband, referring to the counseling unit and participating in counseling sessions…;
To facilitate the enforcement process of the power of attorney, it should be stated: “In a way that does not require the client to reappear” at the end of the list of powers of the lawyer.
In this case, too, the wife, as the husband’s lawyer, applies for a consensual divorce, and as a result will go through the same formalities: If the wife requests a consensual divorce as the husband’s lawyer, the two parties will first be referred to counseling and then apply for The case will be referred to court.
In this case, the wife submits a divorce petition to the court on behalf of her husband through her attorney, and if the power of attorney is properly prepared, she can file other divorce petitions on behalf of her husband. Take it easy. Now, in some cases, the husband withdraws the divorce petition submitted by his wife on behalf of her in order to prevent the wife from continuing the divorce process. As we know, total deprivation of rights is not valid even by individuals; Therefore, the inclusion of a condition that deprives the right to return the lawsuit – meaning the withdrawal of the lawsuit – is not acceptable in Iranian law. As a result, in the power of attorney regulating divorce, the lawyer (wife) should be given the option that in case of a lawsuit under this power of attorney, the return of the lawsuit and the appeal and the appeal of that lawsuit will be the responsibility of the lawyer, and if the lawyer recognizes ( Wife), the lawyer can, on behalf of the client, formally and definitively waive such rights in connection with the lawsuit. As can be seen, here, since the deprivation of the right is not general and is limited to a specific lawsuit, such a condition can be considered correct in Iranian law.

The terms of the marriage include 12 conditions, which are called the twelve conditions of the marriage. The conditions for a woman’s right to divorce are:

۱- The wife can apply for a divorce from the court, if the husband refuses to pay the wife’s expenses and fulfill the other obligatory rights of the wife for 6 months.

۲- The second condition mentioned in the contract that allows the wife to divorce is the abuse of the husband to the extent that it makes the continuation of life unbearable for the wife.

۳- The third condition with which a woman has the right to divorce is a dangerous incurable disease of a man to the extent that it endangers a woman’s health.

۴- The fourth condition of a woman’s right to divorce is that the man is crazy.

۵٫ The fifth condition in the contract is that the man is engaged in work that damages the dignity of the woman and her family interests, in which case the woman can file for divorce.

۶- Sentencing the husband to a sentence of 5 years or more imprisonment, or to a fine that leads to 5 years of detention due to inability to pay, or to imprisonment and a fine that leads to a total of 5 years or more imprisonment, and the sentence is ongoing. Execution is another condition during marriage that allows a woman to divorce.

۷- Injury of the husband to any harmful addiction that, according to the court, disrupts the family life and makes it difficult for the wife to continue living, such as addiction that leads to male unemployment, selling home furniture and harming the physical and mental health of the wife.

۸- It is the eighth condition according to which a woman gets the right to divorce. If the couple leaves family life without a valid excuse or is absent for 6 consecutive months without a valid excuse, the wife can file for divorce without going to court.

۹- Among the cases in which the court accepts the wife’s request for divorce and is also mentioned in the contract, the final conviction of the husband for committing a crime and the execution of any punishment, including hadd and ta’zir, which is contrary to the dignity and family affairs of the wife. The matter is also with the court according to the status of the woman and the custom and other criteria.

۱۰٫ The tenth condition of the twelve conditions of marriage is that the man does not have children after 5 years of cohabitation due to infertility or other physical complications, in which case the woman can file for divorce.

۱۱٫ Also, if the spouse goes missing and the spouse is not found within 6 months after the court appeals, the court will issue a divorce decree.

۱۲٫ The last condition that the couple signs in the contract and gives the divorce to his wife is the remarriage of the man without the permission of the wife, in which case the woman takes the right of divorce from the man.

A mortgage deed is an official document that is prepared in the notary public office, according to which the mortgagor or debtor mortgages his property as collateral for his debt to the mortgagor or creditor. If the mortgage deed is not legally prepared, the interested party can file a petition to the court to revoke the mortgage deed.

Sometimes it is possible for a person to mortgage another property as his property to another person (real or legal), after the owner realizes that his property is mortgaged, he can file a petition to cancel the mortgage deed.

Litigation parties:

In a lawsuit for the annulment of a mortgage deed, the plaintiff is the owner of the property or the person who has been harmed by the mortgage of the property and the defendant is the mortgagor and the mortgagor.

Competent reference for consideration:

The competent court to file a lawsuit for the annulment of a mortgage is the court in whose jurisdiction the immovable property is located.

How to run the vote:

After issuing a verdict on the annulment of the mortgage deed and finalizing it, the court issues a certificate of final verdict and by submitting a final verdict from the judicial authority to the Property and Deeds Registration Office and the request of the beneficiary, the head of the registry office examines the matter and proceeds to the office.

After reviewing the matter, the real estate clerk explains the revocation of the mortgage deed in the relevant column of the relevant real estate office. In the draft of the new ownership document, in addition to stating the full details of the new owner, the registration file process and how to cancel the mortgage document, and the number and date of the cancellation document must be written in detail.

Important points about a mortgage cancellation lawsuit:

A person who claims ownership of a property under an ordinary affidavit and does not have an official document will not be recognized as an owner in court and cannot file a petition for the revocation of the mortgage document, but must first file a petition requiring the preparation of an official document.
At the same time or before the petition for annulment of the official document, as the case may be, the court should be asked to confirm the invalidity of the mortgage contract, because the annulment of the mortgage document is a subset of the annulment of the mortgage contract.
Sometimes it is possible to file a petition for the revocation of an official document at the same time as a petition for seizure and enforcement of the subject of the mortgage deed. In such a case, the petition for revocation of the mortgage deed will be considered first in the court where the property is located, and after the issuance of a final ruling on the revocation of the deed, the request for seizure and revocation of the executive will be considered.