How to write a property inheritance lawsuit
During the property inheritance process, if the heirs cannot reach an agreement or there is a dispute, it may need to be resolved through legal channels. At this time, it is crucial to write a standardized property inheritance indictment. This article will introduce in detail the key points of writing a real estate inheritance indictment and provide structured data to help you master it quickly.
1. The basic structure of a real estate inheritance indictment
A property inheritance indictment usually includes the following parts:
| part | content |
|---|---|
| title | Clearly state "Civil Complaint" or "Real Estate Inheritance Complaint" |
| Plaintiff information | Including name, gender, age, ID number, address, etc. |
| Defendant information | Same as above, basic information of all defendants must be listed |
| Litigation claim | Clearly request the court to make a ruling, such as the inheritance share of the property, etc. |
| facts and reasons | Detailed statement of inheritance relationship, focus of dispute and legal basis |
| evidence list | List all evidence supporting the claim |
| ending | Write the address to the court, signature of the prosecutor and date |
2. Key contents of the real estate inheritance indictment
1.Litigation claim: This is the core part of the indictment and must be specific and clear. For example:
| Example of litigation claim |
|---|
| Request the court to order that the plaintiff inherit 50% of the property located at No. XX Road, XX District, XX City, under the name of the deceased XXX. |
| Request the court to confirm that the defendant XXX has no right to inherit the above-mentioned property of the decedent XXX |
2.facts and reasons: This part needs to state the following logically and clearly:
| elements | illustrate |
|---|---|
| inheritance relationship | Explain the kinship relationship between the deceased and each heir. |
| inheritance situation | Detailed basic information describing the disputed property |
| focus of controversy | Explain the differences between the parties |
| Legal basis | Citing relevant legal provisions to support litigation claims |
3. Common mistakes in property inheritance indictments
When drafting a property inheritance complaint, you need to be careful to avoid the following common mistakes:
| Error type | Correct approach |
|---|---|
| The claim is not specific | It is necessary to clearly request the specific share or disposal method of inheritance. |
| Omitting necessary parties | All legal heirs must be named as defendants |
| Insufficient evidence | Sufficient proof of kinship, property certificate, etc. should be provided |
| Wrong legal basis | Accurately quote relevant provisions of the Succession Law |
4. Example of property inheritance indictment
The following is a simplified example of a property inheritance complaint:
| civil complaint | |
|---|---|
| plaintiff | Zhang San, male, born on X, month, 19XX, ID number:..., lives in XX District, XX City... |
| defendant | Li Si, female, born on X, month, 19XX, ID number:..., lives in XX District, XX City... |
| Litigation claim | 1. Request the court to order that the plaintiff inherit 50% of the property located at No. XX Road, XX District, XX City, under the name of the deceased Zhang Moumou. 2. The litigation costs of this case shall be borne by the defendant |
| facts and reasons | The plaintiff and the decedent Zhang Moumou have a father-son relationship... (State the facts in detail) According to Article 10 of the "Succession Law of the People's Republic of China"... |
| evidence list | 1. Copy of household registration book 2. Copy of real estate certificate 3. Death certificate of the deceased... |
| Sincerely | XX City XX District People's Court |
| prosecutor | Zhang San (signed) X month X day 2023 |
5. Things to note in real estate inheritance litigation
1.statute of limitations: The statute of limitations for inheritance disputes is three years, starting from the date when the heir knew or should have known that his rights had been infringed.
2.Evidence preparation: The following evidence should be fully collected before prosecution:
| Evidence type | illustrate |
|---|---|
| Proof of identity relationship | Household register, birth certificate, marriage certificate, etc. |
| Death certificate of the deceased | Hospital certificate, police station certificate, etc. |
| Property certificate | Real estate certificate, house purchase contract, etc. |
| will | If there is a will, the original must be provided |
3.Professional consultation: Since inheritance cases involve complex legal relationships, it is recommended to consult a professional lawyer before filing a lawsuit to ensure the standardization and validity of the indictment.
Through the above structured data and detailed instructions, I believe you already have a clear understanding of how to write a property inheritance complaint. In actual operation, it is recommended to adjust the content according to the circumstances of the case and seek help from legal professionals when necessary.
check the details
check the details
en
