Deputy Administrative Head Misappropriates Aunt’s Property

Iago Kurashvili

Kartlos Kipiani, deputy head of the Georgian Government administration office, sold his aunt’s house in spite of the fact that power of attorney had expired. The sale resulted in 20,000 GEL being transferred to his personal bank account.   He never shared any of the proceeds  with his aunt during the proceeding legal process between him and his aunt, Nani Kiphiani, and which has been continuing now for three years.

A doctor of psychological sciences, Nani Kiphiani spent 20 years building the house in Telavi that her daughter, Ana Akhvlediani, was to have inherited.

Zurab Kiphiani, the father of Kartlos Kipiani, died in 2007. Nani Kiphiani suffered apoplexy, a form of internal bleeding, and this may have been because she was nervous over her  brother’s death. She returned home after spending several days in hospital. At which time her nephew brought a notary, Maia Bregvadze, who had power of attorney already prepared to sign under Kartlos’s name, and only Nani’s signature was missing. Nani, who had temporarily lost the ability to speak and move, signed the papers in exchange for the care and support she was receiving. She said, “I did not even have the money for medicines. I signed the papers and he received the right to manage my property”. The power of attorney was signed on October 5, 2007

Kartlos Kiphani, her nephew is currently the deputy head of the Georgian Government administration office for the region. Upon receiving rights to his aunt’s property, he first sold her five per cent share in LTD Computer (the former calculation centre of the Ministry of Light Industry). Later, it was discovered that Kartlos Kiphiani had sold a total 25 per cent share from the same company for 140, 000 GEL. Twenty percent of this total he had inherited after his father’s death and the remaining five per cent belonged to his aunt Nani. This second portion was sold for 35 000 GEL. “When I asked Kartlos for the money, he told me that he had spent it on my medical treatment. How can I believe that my treatment costs 35 000 GEL?” said Nani.

Kartlos Kiphiani denies all accusations: “Nani was severely ill and was hospitalized for an extended period of time. Afterwards we were taking care of her for four months. Her expenses equaled to 19, 700 USD. Today it costs around 1000 GEL a month to hire somebody to take care of a person. We deducted the cost of treatment from the total sum and gave her the remaining 16, 000 USD. When you give a financial assistance to your aunt, will you ask for a receipt proving that she had really received the money? Yet she now claims that she didn’t receive anything”.

Nani Kiphiani was treated in the “Nevrologia” medical facility for eight days. We gave Nani’s list of treatments to the deputy accountant of the facility and asked for an approximate calculation for the cost over eight days. It was discovered that a patient pays 22 GEL in the intensive care department per night. Eight days of such treatment equals 176 GEL. One full course of treatment costs between 105 and 150 GEL and the tomography costs 150 GEL as well. In total, estimated costs of treatment are between 431 and 470 GEL.

Additionally, Nani Kiphiani required constant care and three people were hired to work in shifts. In total their salary was 360 GEL per month. One of them, Ia Datunashvili still works with her free of charge for almost two and a half years now. This is as Kartlos stopped financing her treatment since their conflict.

Nani asked Kartlos to provide the documents outling the details of selling off her share in LTD Computer and for the price that was paid. Kartlos did not provide the agreement or the money and did not even disclose the name of the buyer. The above-mentioned details combined with other circumstances served as the basis for the power of attorney to be annulled. It was officially revoked on December 28, 2007, and Kartlos’ family was immediately informed of the act of annulment.

Despite the loss of the power of attorney, Kartlos proceeded and sold his aunt’s three storied house a mere 20 days and collected 20 000 GEL. He did not whatsoever provide any compensation to his aunt.  The resulting court hearings have been carrying on for already over four months.

Finally, on February 7, 2008, Nani Kiphiani took the suit to the Tbilisi City Court, demanding the illegal sale of her home be revoked and her ownership restored as the legal and rightful owner. 

On May 30, 2008 the Tbilisi City Court decided in her favor and declared Kartlos’ property agreement as illegal and non-binding. Th City Civial Court states: the agreement of January 17, 2008 between Nani Kiphiani and Kartlos Kiphiani, registry #1-478, approved by Nino Gnituri on purchasing real estate in Telavi, Rcheulishvili St #4, should be revoked, and that the above-mentioned real estate should be registered back on Nani Kiphiani’s name.

Kartlos appealed the decision in to higher courts but this effort was to no avail. Kartlos considers that there was not enough evidence provided in the case for a decision to go against him. According to Nini, Kartlos still claims that he had not received notification on the annulment of his power of attorney by the time property had been sold. However, his wife, Tea Kipshidze-Niguriani, was informed of the annulment the same day it was decided. The court has witness testimonies supporting this statement claiming that Tea was at Nani’s residence when she heard of the news.

According to Kartlos, he learned about the annulment only in court. “My wife was not there that day as she claim, and the testimonies against her are lies. They have produced fake witnesses. Nani is just a victim. Several people are provoking her as they have an interest in taking control of her property.

After the initial case being decided in Nani’s favor, hearings continued in the Supreme Court from which the case was returned to the Court of Appeals to review allegations of inaccurate facts and a lack of supporting evidence. The Tbilisi Court of Appeals reviewed the case and upheld the previous decision. On April 12, 2010,  Nani Kiphiani received the notification from the court again. The case was renewed but her nephew, Kartlos Kiphiani, does not intend to return the property to his aunt. Kartlos claims that the three story house in Telavi is a family property.  According to him, Nani’s husband, Levan Demetradze, and her father, Zurab Kiphiani, were also integral partners in constructing the home. “Nani is seriously ill; she has suffered physically and emotionally, and now she just seeks to make her wishes a reality. We are ready to give the property to her daughter. We have offered the house with the restriction not to sell it but she refuses. Nani says we must give it to her and it is left to her as what she wants to do with it,” stated Kartlos.

Ia Eatunashvili states: “When Nani sued the first time, Kartlos spread rumors among relatives about Nani being psychically ill and not knowing what she was doing. We have brought specialists from the psychoneurological facility who have concluded that no significant pathology was observed in terms of her psychological functions. She has an adequate perception of reality”. Last summer Nani Kiphiani had a second heart attack again because of a lack of medicine. She was forbidden to do any kind of activity. She is simply afraid that she will not live to see the final decision of the court and her only daughter Ana will be left in the street without anything.

The aunt suspects that Kartlos is delaying the process purposefully, hoping that she will not live long without medicine and adequate treatment.

“A judge of the Court of Appeals, Marina Parcvania, advised me to negotiate with my nephew instead of going to courts for years. Why does it take years to settle what seems to be a clear case? The only viable answer is because Kartlos does not want to end the process. He is young and has time on his side. As for me, it is very possible that I may die soon. My daughter Ana is disabled and he can deal with her much more easily,”  said Nani Kiphiani.

According to Nani, Kartlos contacted Lili Archvadze, the chairman of the fellowship “Mcerali 207”, and also offered her a share of Nani’s estate. “Mcerali 207” is housing structure where 140 square meters belong to Nani. Nani learned about the offer from Archvadze and saved the property from being sold.

We contacted Lili Archvadze to double-check the information. She confirmed the above mentioned facts and circumstances. She told us that Kartlos Kiphiani had indeed called her and offered the share.

The aged-65 year old Nani Kiphiani now faces concern of where she will live.  Kartlos claims to have previously offered her a flat in the Nutsubidze district. This flat is located in Nutsubidze 4th microdistrict and is registered on Tea Kiphiani’s name. Instead of this location, she now resides in a rented flat on Griboedovi street. She has been unable to pay for it since August and the owner now threatens her with eviction.

The article is funded by the United States German Marshal Fund’s The Black Sea Trust project. Opinions in this publication do not necessarily represent the German Marshal Fund’s, The Black Sea Trust’s or their partners’ views.
Published in “Liberal”