How to file a civil lawsuit for property inheritance

1. To determine the competent court, it is necessary to go to the people's court at the place where the decedent is domiciled or where the main estate is located at the time of death; 2. Collect the death certificate of the decedent, the certificate of kinship between the plaintiff and the decedent, and the certificate of real estate; 3. Organize litigation materials such as complaints; 4. File a case with the competent court and pay the prosecution fee. If it is a defendant: After receiving the litigation materials of the plaintiff's lawsuit, it will first examine whether the court to which the lawsuit is filed has jurisdiction, whether it is necessary to raise a jurisdictional objection, and if it confirms that it has jurisdiction, it will submit a defense opinion against the plaintiff's claim and the facts and reasons on which it is based.

Secondly, according to the specific circumstances of the case, it is necessary to collect evidence that is beneficial to oneself to refute the other party's claims.

Your father's mother's death certificate has to be issued in a way, and I suggest that you try to find out the police station where your grandmother cancelled her household registration that year, and find a way to communicate with the other party and ask for a relevant certificate that your grandmother has died.

Your mother should take all of your father's legal first heirs to court: including:

All of your father's children (including legitimate children, children born out of wedlock, adopted children, and dependent stepchildren).

Your father's stepmother.

Require that all first-order heirs renounce their inheritance rights except for your mother, with the confirmation of the court.

Your father's estate is inherited by your mother alone.

Documents to prepare: your father's death certificate, house ownership certificate, your parents' marriage certificate, your grandfather's death certificate. Your grandmother's death certificate, your father's immediate family list issued by the residents' committee, your mother's identity and the identity of any other legal first-order heir.

The last piece of litigation is the pleadings!

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The dissenting party shall file a civil lawsuit with the people's court at the place where the decedent is domiciled at the time of death or the place where the main estate is located within the one-year statute of limitations. The plaintiff should collect the death certificate of the decedent, the certificate of kinship between the plaintiff and the decedent, and the certificate of the real estate.

1. What materials are required for inheritance?

There are four types of materials required for inheritance. The details are as follows:

1. Death certificate of the decedent;

2. Proof of inheritance;

3. The certificate of kinship issued by the deceased's unit or community before his death, the certificate of kinship must state in detail the deceased's parents, spouse, and children, and the deceased person may not write the ID number;

4. Other supporting documents, such as only child certificate, marriage certificate, household registration booklet.

Inheritance refers to the transfer of property to him due to death during his lifetime, and the deceased is the decedent; The property left behind by the decedent at the time of death is the inheritance.

2. How to handle the inheritance of real estate by overseas Chinese or foreigners in China.

Handling of real estate inheritance by overseas Chinese or foreigners in China:

1) Overseas Chinese or foreigners who apply to inherit real estate in China must apply to the notary public of the country of residence for a notarial certificate certifying the applicant's occupation, address and kinship with the deceased who has left real estate in China.

2) The applicant shall apply for formalities at the notary public where the property is located with the above-mentioned certified notarial certificate, the death certificate of the inherited person, and the will.

3) In the event of a dispute arising from the inheritance of real estate in China, overseas Chinese or foreigners may file a lawsuit with the people's court where the real estate is located, and the people's court shall adjudicate in accordance with law.

3. What procedures are required for the notary office to handle the inheritance of the vehicle?

1. Go to the notary office to handle the notarization of inheritance rights.

All heirs go to the notary office of the deceased's domicile or main property to notarize their inheritance rights. When notarizing, the following documents and materials should be submitted: the applicant's identity certificate (such as resident ID card, household registration booklet and photocopy); Death certificate of the decedent; Proof of title to the inherited estate; Proof of marriage, parents and children of the decedent; Proof of kinship of legal heirs; A declaration made by the heir that the heir renounces the right to inherit at a notary public.

1) Valid personal identity document;

2) The original vehicle driving license and vehicle registration certificate;

3) Fill in the vehicle change registration form and reconfirm the license plate, registration address, contact person and other information;

4) After the endorsement of the traffic police department, a new driving license will be issued.

Article 33 of the Civil Procedure Law provides that the following cases shall be under the exclusive jurisdiction of the people's courts as provided for in this article:

1) Litigation arising from real estate disputes shall be under the jurisdiction of the people's court at the place where the immovable property is located;

2) Litigation arising from disputes arising from port operations shall be under the jurisdiction of the people's court at the place where the port is located;

3) Litigation arising from inheritance disputes shall be under the jurisdiction of the people's court at the place where the decedent is domiciled at the time of his death or where the main estate is located.

Legal analysis: The dissenting party files a civil lawsuit with the people's court at the place where the decedent is domiciled at the time of death or the place where the main estate is located within the one-year statute of limitations. The plaintiff should collect the death certificate of the decedent, the certificate of kinship between the plaintiff and the decedent, and the certificate of the real estate.

Legal basis: "Civil Procedure Law of the People's Republic of China" Article 33: The following cases are under the jurisdiction of the people's courts provided for in this article:

1) Litigation arising from real estate disputes shall be under the jurisdiction of the people's court at the place where the immovable property is located;

2) Litigation arising from disputes arising from port operations shall be under the jurisdiction of the people's court at the place where the port is located;

3) Litigation arising from inheritance disputes shall be under the jurisdiction of the people's court at the place where the decedent is domiciled at the time of his death or where the main manuscript is located.

Real estate inheritance is the transfer of the ownership of the decedent's house and its land use right to the heir in accordance with legal procedures. The law stipulates that the court of the place where the decedent is domiciled at the time of his death or the court where the main estate is located has jurisdiction, and the Civil Procedure Law stipulates that the lawsuit arising from a real estate dispute shall be under the jurisdiction of the court where the real estate is located. Therefore, property inheritance litigation should be under the jurisdiction of the court where the property is located.

Real estate inheritance lawsuits generally require the following documents: 1. The death certificate of the decedent; 2. The decedent's unit or police station issues a certificate of kinship; 3. A copy of the heir's ID card; 4. The real estate certificate of the decedent; 5. The will made by the deceased before his death.

Legal basis] Article 33 of the Civil Procedure Law of the People's Republic of China provides for the exclusive jurisdiction of the people's courts as provided for in this article for the following cases: (1) Litigation arising from real estate disputes shall be under the jurisdiction of the people's court at the place where the immovable property is located; 2) Litigation arising from disputes arising from port operations shall be under the jurisdiction of the people's court at the place where the port is located; (3) The people's court at the place where the decedent is domiciled at the time of his death or the place where the main estate is located shall have jurisdiction over the lawsuit filed by the socks and the person who is involved in the inheritance of the estate.

Legal analysis: To file a lawsuit for real estate inheritance, the heir shall bring a copy of his or her original ID card, the death certificate of the person who was inherited by Zheng, the certificate of kinship issued by the police station, the real estate certificate, the will and other materials to the people's court where the real estate is located.

Legal basis] Article 33 of the Civil Procedure Law of the People's Republic of China provides for the exclusive jurisdiction of the people's courts as provided for in this article for the following cases: (1) Litigation arising from real estate disputes shall be under the jurisdiction of the people's court at the place where the immovable property is located; 2) Litigation arising from disputes arising from port operations shall be under the jurisdiction of the people's court at the place where the port is located; (3) Litigation arising from inheritance disputes shall be under the jurisdiction of the people's court of Xunpiqidi where the decedent is domiciled at the time of death or where the main estate is located.

To file a real estate inheritance lawsuit with the court, the heir needs to bring a copy of his or her original ID card, the death certificate of the decedent, the certificate of kinship issued by the police station, the real estate certificate, the will and other materials to the people's court where the real estate is located to file a lawsuit.

[Legal basis] forest material matching

Civil refers to the following cases under Article 33 of the Procedural Law, which are under the exclusive jurisdiction of the people's courts as provided for in this article: (1) Litigation arising from real estate disputes shall be under the jurisdiction of the people's court at the place where the immovable property is located; 2) Litigation arising from disputes arising from port operations shall be under the jurisdiction of the people's court at the place where the port is located; 3) Litigation arising from inheritance disputes shall be under the jurisdiction of the people's court at the place where the decedent is domiciled at the time of his death or where the main estate is located.

According to the relevant provisions of the Civil Procedure Law, the place of jurisdiction over real estate inheritance litigation is determined to be the location of the immovable property, that is, the jurisdiction of the court where the inherited real estate is located. There are multiple heirs, with some of the heirs as plaintiffs and another part of the heirs as defendants participating in the lawsuit. The following documents are generally required for real estate inheritance lawsuits:

1. Go to the police station to which the decedent belongs to issue the decedent's death certificate or the medical death certificate of the decedent;

2. Go to the place where the deceased is located and ask Sun to miss the position or the police station to issue a certificate of kinship;

3. A copy of the heir's ID card, if it is a foreign heir, it needs to be certified by a notarial certificate;

4. The inherited real estate certificate or other supporting documents.

5. The will made by the deceased before his death (in the case of testamentary succession).

If there is no objection between the heirs to the transfer of the property, a mediation agreement can be formed, and if the inheritance of the property cannot be agreed, the court will make a judgment.

Article 120 of the Civil Procedure Law.

A complaint shall be submitted to the people's court, and a copy shall be submitted in accordance with the number of defendants. Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party.

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