AI en Translation, Pages 101-125
Page 101
Presidency of the Jewish Community
in Baghdad
Telephone No. { 3531 President
5452 Secretary
Number:
Subject:
Date: 11/27/1955
His Excellency Mr. Yusuf Al-Kabir the Respected
Greetings and respect,
As a result of the discussion, I submit to your Excellency the letter required to be addressed to the Ministry
of Justice; please review it and provide your opinion if you find any deficiencies.
Please accept the assurances of my highest respect.
⟦illegible⟧
Secretary
Page 102
Presidency of the Jewish Community
in Baghdad
Number :: T/551
Date :: 25 / 11 / 1955
Telephone Number: 3531 / 5452
Subject: ⟦illegible⟧
His Excellency the Honorable Minister of Justice
After greetings and respect,
The Baghdad Court of First Instance previously liquidated the Jewish Cemeteries Association and issued its ruling to return the properties of this
Association to the Presidency of the Community. It also requested, in its letter No. 9081 dated 30 / 10 / 1955 addressed to the Directorate
of Land Registry (Tapu) of Baghdad Province, to register the plot belonging to the dissolved Cemeteries Association in the name of the Presidency of the Jewish Community in Baghdad.
Upon our review with the Land Registry Directorate to register this plot in the name of the Presidency of the Community, it requested that a fee must be paid for this
registration on the grounds that Article 28 of the Decree exempted associations only and did not exempt other institutions. If we examine the
matter closely, we find: -
1 - When the legislator enacted the exemption article of the Associations Decree of 1954, they intended to exempt dissolved associations and associations
established according to this decree, so as not to burden these associations with spending amounts for which they were not responsible; therefore, Article
28 was enacted.
2 - Article 28 stipulated (Exemption of the Association), and the word "exemption" came in absolute terms, meaning the dissolved association and the
established association. Since the dissolved Cemeteries Association's properties devolve, by court order, to the Presidency of the Community, charging it
a registration fee comes contrary to the spirit of the Decree, as the Decree would have then charged a dissolved association for spending amounts it was not
obligated to spend, even if these properties returned to another institution. On this basis, the Baghdad Court of First Instance proceeded, as
it liquidated this association without charging it any fee, while knowing that the properties of this association, as a result of liquidation, would devolve
to a certain party.
3 - Upon the liquidation of the mentioned association and before the issuance of the decision, its properties were seized, and at that time all its funds and properties became
the property of the Presidency of the Community. Not taking a fee in the courts means that the Presidency of the Community is exempt from this fee as a result of
the dissolution of the association.
4 - Since the responsible authorities found a deficiency in the Associations Law, they enacted the Associations Decree of 1954 to avoid previous
shortcomings, according to which some associations were liquidated and their properties were transferred to a certain party without the consent of both parties, i.e., the
dissolved association and the party to which these properties devolved. It is unreasonable in this case to impose a fee and tax on a path that
the law mandated be collected as the responsibility of the dissolved association.
Followed
Page 103
Presidency of the Jewish Community
in Baghdad
Telephone Number { 3531
5452
Number:
Date:
- 2 -
Subject:
Accordingly, and based on the spirit of the decree and the legislator's intent not to charge associations with any amount, please issue your orders
to the Director of Land Registry (Tapu) not to take any tax or fee for registering the plot of land under discussion.
Please accept our highest respect
Rabbi Sassoon Khedhouri
Acting President of the Community
Page 104
Presidency of the Jewish Community
in Baghdad
Telephone No. { 3531 / 5452
Number: T / 551
Date: 25 / 11 / 1955
Subject: ⟦line⟧
His Excellency the Honorable Minister of Justice
After greetings and respect
The Baghdad Court of First Instance previously liquidated the Jewish Cemeteries Association and issued its ruling to return the properties of this
Association to the Presidency of the Community, and requested in its letter No. 9081 dated 30 / 10 / 1955 addressed to the Directorate of
Land Registry of Baghdad Province to register the plot belonging to the dissolved Cemeteries Association in the name of the Presidency of the Jewish Community in Baghdad.
Upon our review with the Land Registry Directorate to register this plot in the name of the Presidency of the Community, ⟦the Directorate⟧ requested the necessity of paying a fee for this
registration on the pretext that Article 28 of the Decree exempted associations only and did not exempt other institutions, and if we examine
the matter closely, we would find:-
- 1 That the legislator, when enacting the exemption article of the Associations Decree of 1954, intended to exempt dissolved associations and associations
established according to this decree, in order not to burden these associations with spending amounts they were not responsible for, therefore Article 28 was enacted.
- 2 Article 28 stipulated (exemption of the association) and the word exemption came absolute, meaning the dissolved association and the
established association. Since the properties of the dissolved Cemeteries Association devolve by court decision to the Presidency of the Community, charging it
registration fees came contrary to the spirit of the decree, as the decree would have charged a dissolved association with spending amounts it was not
obliged to spend, even if these properties returned to another institution. On this basis, the Baghdad Court of First Instance proceeded, as
it liquidated this association without charging it any fee, knowing that the properties of this association, as a result of the liquidation, would devolve
to a certain party.
- 3 Upon the liquidation of the mentioned association and before the issuance of the decision, its properties were seized, and at that time all its funds and properties became
to the Presidency of the Community. Not taking any fee in the courts means that the Presidency of the Community is exempt from this fee as a result of
the dissolution of the association.
- 4 Since the responsible authorities found a deficiency in the Associations Law, they enacted the Associations Decree of 1954 to avoid previous deficiencies,
and according to it, some associations were liquidated and their properties were transferred to a certain party without the consent of both parties, i.e., the dissolved association
and the party to which these properties devolved. It is therefore unreasonable in this case to impose a fee and a tax on methods that the
law necessitated charging it with the responsibility of the dissolved association.
To be continued
Page 106
Baghdad on September 22, 1955
Land Registry Directorate of Baghdad District
Incoming Number ⟦2487⟧
Date 9/24/1955
278 Al-Kolat
Request for a Map
His Excellency the Director of Land Registry of Baghdad Province, Respected
Subject:
We request that you order the issuance of a certified copy of the map for the plot of land located in the
Al-Kolat neighborhood in Baghdad, numbered under sequence number 278, belonging to the Jewish Cemeteries Association in
Baghdad. With highest respect.
The Official Liquidator of the Jewish Cemeteries Association
in Baghdad. Yusuf Al-Kabir
50 Fils
⟦illegible signature⟧
Fils
250 Map
9/24/1955
1- Necessary procedure
Share ⟦illegible⟧
Number 9/24
1415
Mr. ⟦illegible⟧
472
I received the map
Haroun Qattan
9/⟦illegible⟧/59
Page 107
Number - 8/12 / 9291
22 November 9
General Directorate of Revenues
Property Tax
Baghdad
Subject
With reference to the property tax assessment ticket numbered 2105 (Volume 39).
It was stated in the referred ticket, which we received on 1/11/1949, that the property at street number 205/9, door number 60, Bab al-Sheikh neighborhood, belonging to our association, has had its rental value estimated by the esteemed Property Assessment Committee at 60/- Dinars annually, at a time when it was previously estimated at 30/- Dinars annually.
The actual rental value of the property is 28/- Dinars annually, as stated in the contract concluded between the previous owner and the current tenant, certified by the Notary Public of South Baghdad under general number 3414, register 428, dated 3 September 1940. The association purchased the mentioned property - which is leased for a period of ten years at the mentioned rental value of only 28/- Dinars - to annex it to the rest of the cemetery land for use in burying the dead, but it has been unable to benefit from it due to the current tenant's refusal to vacate.
In view of the injustice occurring against the mentioned property, especially since our association - as is not hidden from your esteemed directorate - is one of the charitable associations, we hope for a reconsideration of this assessment and a reduction of the rental value to the actual value of the property, which is 28/- Dinars, and the matter is yours.
The President
⟦illegible signature⟧
⟦illegible date⟧
⟦illegible stamp⟧
Y/
Page 108
Jewish Cemeteries Association in Baghdad
Jewish Property Committee
29
7/26/948
Baghdad
Baghdad on: July 26, 1948
Number -: 295
Honorable Chairman of the Jewish Property Committee
Baghdad
After greetings
With reference to your letter No. 37 dated 7/16/48
We attach herewith a copy of the registration of the Khan located in the old cemetery with sequence
278 Kawlat and numbered 60/6/205 certified by the Land Registry Directorate
as per your request.
Please accept our respect
President
Cemeteries Association
Jewish in Baghdad
1942
Y/S 26
Page 109
Baghdad on June 9, 1948
Neighborhood | Door Number | Type of Property: Private or Endowment | Is it registered in the Land Registry | Current use
Kolat | - | Private Property | Registered under No. 324 ⟦158⟧ | Cemetery
" | - | " " | " " 322 ⟦157⟧ | "
" | - | " " | " " 287 ⟦152⟧ | "
" | - | " " | " " 267 ⟦156⟧ | "
" | - | " " | " " 275 ⟦152⟧ | "
" | - | " " | " " 317 ⟦X⟧ | "
" | <del>205/9/60</del> ⟦X⟧ | " " | <del>Registered under No. 471</del> ⟦X⟧ | Vacant
" | - | Miri (State) | Registered under No. 326/124 ⟦154⟧ | Cemetery
Al-Waziriyah, Hikmat Sulayman Farm | - | Private Property | Registered under No. 393 ⟦X⟧ | Modern Cemetery
Committee of Al-Maha
Y/S/9
150 274
151 276/1
155 221
159 222
⟦X⟧ 456
Page 110
Number 27
7/16/1948
To the Honorable Chairman of the Israeli Cemeteries Committee
Baghdad
After greetings
With reference to your letter dated 7/2/948
We request the favor of sending a certified copy of the registration from the
Land Registry Department for the Khan located in the old cemetery numbered 205 / 9 / 60 ⟦Kolat⟧
which is at the disposal of your committee, for us to keep and to enter its records into the register
of the community's properties.
Please accept our respects.
⟦signature⟧
Vice President
Y A
Page 111
Jewish Cemeteries Association in Baghdad
Jewish Property Committee
24
5 / 7 / 948
Baghdad
Baghdad on: July 2, 1948
To the Honorable Chairman of the Jewish Community Property Committee
Baghdad
After greetings,
With reference to your letter No. 30 dated 6/24/48,
We would like to inform you that our association does not have properties or endowments registered in its name
at the Land Registry Office except for the Khan located in the old cemetery, numbered
60 / 9 / 205 Kawlat, for which we have previously sent you a copy of its deed.
Therefore, we are unable to send you the copies of the land registry records that you requested
us to send in your aforementioned letter.
Please accept our respects.
⟦signature⟧
President
Y/S
Page 112
Number 20
22 / 6 / 1948
The Israeli Burial Society
After greetings,
We would be pleased if you would kindly send certified copies of the records from the Land Registry Department
for the three plots with Land Registry sequence numbers 278, 317, and 393 to be kept by
this committee. We have noticed from reviewing the records and archives of this committee that
there are two cemetery plots registered in the name of Rabbi Ezra Reuben Dangoor, one dated
September 924 (Permanent) with Land Registry sequence number 275, and the second dated March 326
(Permanent) with Land Registry sequence number 979, known as Qaddo Orchard. If these
two plots are under the management of your committee, please kindly send their deeds or copies
of their records to be kept by this committee.
Please accept our highest respects.
⟦signature⟧
Vice President
15
Page 113
Jewish Cemeteries Association in Baghdad
Baghdad, December 26, 1947
To the Honorable Chairman of the Jewish Community Property Committee
Baghdad
Greetings,
With reference to your letter No. 3 dated December 23, 1947,
I would like to inform you that our association does not have any properties or endowments registered in its name
at the Land Registry Department (Tapu). Furthermore, the new cemetery located near the brick
factories is registered in the name of the Jewish Community. For clarification, you will find enclosed
a copy of the deed for the aforementioned cemetery.
Please accept our highest respects.
⟦signature⟧
The President
Y. S. / 26
Note:
The copy of the deed is ⟦kept⟧
The file is in Area No. 160
Page 118
Tapu Form - (27)
1957 - 7 - 3106 Government Press
Special form for copies of records
22
Area | Name of Area | Name and Number of District | Plot Number | Door or House Number | Number of Apartments | Street | Neighborhood or Village | Sub-district | District | Province | Details of Tapu Records
Donum Olk Square Meter | | | 125 | | | | Baghdad | | | Baghdad | Registration Date Volume Registration Number
| | | | | | | | | | | 1/26/1929 ⟦illegible⟧ 5
Boundaries | Abstract Rights and Aqar | Type | Category | Column of Disposal
North ⟦illegible⟧ 222
South ⟦illegible⟧ 222
East ⟦illegible⟧ 222
West ⟦illegible⟧ 222 | | Pure Ownership | House | The Israelite Community in Baghdad
To Transfer Ledger | Land Class | Map Number | Deed Number | From which Transfer Ledger | Descriptions
Registration Date Volume Registration Number | | | | | Registration Date Volume Registration Number
| | | | | 1/26/1929 ⟦illegible⟧ 6
Remarks | Consideration | Value | Manner of Disposal
| Dinar Fils | Dinar Fils |
| | 2800 - | Correction
This copy is identical to its record and an amount of 2800 fils has been collected for the inspection and registration fee and recorded as revenue under number 576 and date 11/27/1957 from the Baghdad Tapu daily ledger.
Officer of Registers and Records
⟦illegible signature⟧
Director of Baghdad Tapu
Qasim Muhammad Ali
⟦illegible circular stamp⟧
Page 119
Director of Tabu ⟦illegible⟧
Registrar of Records and Restrictions
This copy is identical to its record, and an amount of 250 fils has been collected for the examination and registration fee, and was recorded as revenue under number 256 and date 1/1/1961 from the Tabu daily ledger ⟦illegible⟧
Notes | Type of disposal | Value | Consideration | Land category | Descriptions
| According to ⟦illegible⟧ | 2800 Dinars Fils | Dinars Fils | | ⟦illegible⟧
To which ledger transferred | Map number | Deed ruling | From which ledger transferred
Registration number | Volume | Registration date | | | Registration number | Volume | Registration date
| | | | | 219 | 956 | ⟦illegible⟧
Boundaries | Type | Gender | Abstract and established rights | Disposal boundaries
North: Property of the heirs ⟦illegible⟧ | Private property | House | The Israelite community in Baghdad |
South: Property of the heirs ⟦illegible⟧ | | | |
East: Property of the heirs ⟦illegible⟧ | | | |
West: Property of the heirs ⟦illegible⟧ | | | |
Area | Area Name | District Name | Plot Number | Door or Neighborhood Number | Filing Number | Sections | Neighborhood or Village | Sub-district | District | Province | Tabu Record Details
Donum | Olk | Square Meter | | | | | | | Kulat | | Baghdad | Baghdad | Registration Date | Volume | Registration Number
| | | | | | | | | | | | | ⟦illegible⟧ | 956 | 219
1282-11-1960 Iraqi Republic Government Press
Special form for record copies
Tabu - Form (27)
Fils 100 Fils
Revenue Stamp
Iraqi Republic
Page 121
The Israelite Community in Baghdad
Register of Immovable Property
Serial Number 14
Name of the institution to which the property belongs or for which it is endowed: Cemetery Association
1 Type of property: House land with its building
11 Date of the endowment deed: /
2 Neighborhood and street: Kawlat
12 Authority that issued the endowment deed: /
3 Modern door number: 205 / 9 / 60
13 Name of the current trustee and method of appointment: /
4 Type of property, i.e., is it absolute ownership or endowment: Yes, absolute ownership
14 Conditions of trusteeship: /
5 Is it registered in the Land Registry Department or not?: Yes, registered
15 The entity for which the property is endowed: /
6 In whose name is it registered?: The Israelite Cemetery Association in Baghdad, and the right to manage it belongs to Sayyid Nakum
16 Is the property registered under a pseudonym and how so?: /
7 Date of the Land Registry deed: March 945
17 Is there any other document regarding this property, its ownership, or the right of disposal over it? If so, state its nature, date, and number: /
8 Land Registry serial number: 278
18 How is it used at present?: /
9 Value recorded in the Land Registry deed: 1000 Dinars
19 The entity to which the revenues are spent: /
10 Endowment deed number: /
20 Is there any dispute regarding it?: /
Notes: -
Page 123
Page number (60)
Number and date of this entry: 6 - 4 November 945
Number: 474 Date: 945 Volume: 6
Number and date of the entry from which it was transferred: 5 - 4 November 945
Number: 473 Date: 945 Volume: 5
Kingdom of Iraq
Ministry of Finance
General Directorate of Tapu
Type: Two-story residential house
Category: Pure property
Liwa: Baghdad
Qada: Baghdad
Nahiyah: -
Neighborhood or Village: Kawlat
District Sequence: 278
Modern Door Number: 4/20
Bank and its affiliation: -
Consideration | Value | Registration Fee | Stamp Fee | Total | Balance | Number | Date
1000 | 1000 | 20 | 150 | 20150 | 191 | 1945/2/4 | 1945/2/4
Notes:
How the title deed was given and based on the statement dated 1945/2/4 and the papers
under which this sale transaction of the mentioned house took place in the name of the Association of Jewish Schools
in Baghdad, which Mr. Meir Dangoor explains. The ownership and descriptions have been recorded in its register.
Acknowledgement explanation, and upon the request made, I went out on the date 1945/2/4
and in the presence of two witnesses, namely the Mukhtar of Kawlat, Al-Haj Alaiwi al-Salman, and the servant
of God's shrine, the guardian of the Jewish cemetery, Hammoud bin Mubarak. The acknowledgement was taken and understood, and the
transaction was completed.
Certifies the validity of this transaction
Registrar Clerk: 1945/2/4
Assistant: 1945/2/4
Tapu Director Officer: 1945/2/17
Investigator: 1945/2/17
Director of Inspection: 1945/2/17
Presidency of the Jewish Community
Baghdad
Special Property Register
Number
I received this ID on / / 19 and signed it on
Date
Number
Notes