What is a petition for land, land ownership and attached assets? Form of petition to claim land, ownership of land and attached assets? Instructions for writing a petition to claim land, land ownership and attached assets?
Land disputes are disputes that account for a large proportion of the cases that are resolved by courts. Dispute settlement process requires many different procedures, but first of all, to be accepted by the court, individuals and organizations must submit a petition, one of the typical land disputes is the claim of land, property rights, etc. land ownership and assets attached to land. Below, the author focuses on explaining the legal issues of land disputes and guiding the petition form for land claim, land ownership, etc.
Legal basis:
–
– Land Law 2013.
– Resolution 04/2017/NQ-HDTP guiding a number of provisions in Clauses 1 and 3, Article 192 of the Civil Procedure Code.
– Resolution 01/2017/NQ-HDTP Promulgating a number of forms in civil proceedings
Lawyer legal advice via call center 24/7 online:
1. What is a petition for land, land ownership and attached assets?
A petition for claim of land, ownership of land and attached assets is a document sent by an individual, agency or organization to a competent People’s Court with the expectation that the court will accept and settle a land dispute with a competent person. The content is a land ownership dispute.
A lawsuit petition for land, land ownership and attached assets is used as a basis for the court to consider accepting or not accepting it, as well as a basis for arranging and classifying files and assigning judges to resolve cases. decide.
2. Form of petition to claim land, land ownership and attached assets:
SOCIALIST REPUBLIC OF VIETNAM
see more: The plaintiff withdraws the lawsuit petition at the first-instance court of civil procedure
Independence – Freedom – Happiness
……(first)day month Year…….
PETITION
To: People’s Court (2)…
Plaintiff: (3)……..
Address: (4) …………..Phone number: …………(if any); fax number: ………….(if any)
E-mail address: ………. (if any)
Defendant: (5)…………
see more: What is case handling? Regulations on handling civil lawsuit petitions?
Address (6) …………
Phone number: …………(if any); fax number: ………….(if any)
E-mail address: ……………. (if any)
Persons with protected rights and interests (if any)(7)………….
Address: (8)…………
Phone number: …………(if any); fax number: ………… (if any)
Email address: …………..(if any)
Persons with related rights and obligations (if any) (9)………….
see more: Application form for division of inheritance and instructions for writing an application
Address: (ten) ………….
Phone number: …………(if any); fax number: ………….(if any)
Email address: .………….. (if any)
Request the Court to settle the following issues:(11)…….
Witnesses (if any) (twelfth)…………
Address: (13) …………
Phone number: …………(if any); fax number: …….(if any)
Email address: ………….. (if any).
see more: What is a petition return? Regulations on returning petitions?
The list of documents and evidence attached to the lawsuit petition includes: (14)………….
first….
2……………
(Other information that the petitioner considers necessary for the settlement of the case) (15) ………….
Plaintiff (16)
(Sign and write full name)
3. Instructions for writing a lawsuit petition for land, land ownership and attached assets:
(1) Enter the place of filing the petition (eg: Hanoi, date ….. month ….. ……).
see more: Plaintiff withdraws lawsuit petition at appellate court hearing in civil procedure
(2) Enter the name of the Court having jurisdiction to handle the case; if it is a district-level People’s Court, it is necessary to specify which district People’s Court belongs to which province or centrally-run city (for example, the People’s Court of district A, province B), if it is the People’s Court At the provincial level, specify the People’s Court of the province (city) (for example, the People’s Court of Hung Yen province) and the address of that Court.
(3) If the petitioner is an individual, write his/her full name; For the case where the petitioner is a minor, a person who has lost his/her civil act capacity, a person with limited civil act capacity, or a person with difficulties in cognition and behavior control, write his/her full name and address. of the legal representative of that individual; if the petitioner is an agency or organization, write the name of the agency or organization and the full name of the lawful representative of that agency or organization.
(4) Enter the place of residence at the time of filing the petition. If the petitioner is an individual, the full address of the place of residence (for example: Nguyen Van A, residing in village B, commune C, district M, province H); if the petitioner is an agency or organization, write the address of the head office of that agency or organization (for example, Hin Sen Co., Ltd. has its head office: No. 20 LTK Street, HK District, City H). .
(5), (7), (9) and (12) Record the same as the instructions at point (3).
(6), (8), (10) and (13) Record the same as the instructions at point (4).
(11) Specify each issue to be resolved by the Court.
(14) Specify the names of documents attached to the lawsuit petition including which documents must be numbered (for example, documents attached to the petition include: copy of house sale and purchase contract, copy
(15) Write down the information that the plaintiff considers necessary for the settlement of the case (for example: The plaintiff notifies the Court when a dispute arises that one of the litigants has gone abroad for medical treatment. …).
see more: The Court’s lawsuit petition form, standard and latest handwritten form in 2022
(16) If the petitioner is an individual, there must be the signature or fingerprint of that petitioner; In case the petitioner is a minor, a person who has lost his/her civil act capacity, a person with limited civil act capacity, or a person with difficulty in perception and behavior control, such legal representative must sign point name only; In case the petitioner or legal representative is illiterate, unable to see, unable to file a lawsuit by himself, or without personally signing or fingerprinting, a person with full civil procedure act capacity shall testify. , sign the petition for certification. If it is the agency organizing the lawsuit, the lawful representative of the agency or organization that initiates the lawsuit shall sign, clearly state his/her full name and position and affix the seal of that agency or organization. If the organization that initiates the lawsuit is an enterprise, the use of its seal shall comply with the provisions of the Law on Enterprises. If the plaintiff is illiterate, he/she must have a witness sign for certification as prescribed at Point c, Clause 2, Article 189 of the Civil Procedure Code.
4. Legal issues on land disputes:
Land dispute is a dispute over the rights and obligations of land users between two or more parties in a land relationship.
For a dispute over who has the right to use the land but has not been conciliated at the People’s Committee of the commune, ward or township where the disputed land is located according to the provisions of Article 202 of the 2013 Land Law, it shall be determined as undisputed. fully satisfy the conditions for initiating lawsuits specified at Point b, Clause 1, Article 192 of the 2015 Civil Procedure Code.
For other disputes related to land use rights such as: disputes over transactions related to land use rights, disputes over inheritance of land use rights, division of common property of spousesohng is the ruleyesn land use, etc., the conciliation procedure at the People’s Committee of the commune, ward or township where the disputed land is locatedeh?p is not a condition to initiate a lawsuit.
Thus, before initiating lawsuits for land and land ownership rights, organizations and individuals need to conduct conciliation at the People’s Committees of communes, wards and townships.
The filing of a petition of an individual shall be carried out as follows:
Individuals with full civil procedure act capacity may file lawsuits by themselves or ask other people to file lawsuits on their behalf. In the section of name and address of residence of the petitioner in the petition, the full name and address of residence of that individual must be written; at the end of the application, the individual must sign or fingerprint;
– Individuals who are minors, have lost their civil act capacity, or have difficulties in cognition or behavior control, their lawful representatives can make petitions on their own or ask others to make petitions for them. sue the case. In the item of name and address of residence of the petitioner in the petition, the full name and address of residence of the legal representative of such individual must be written; at the end of the application, the legal representative must sign or fingerprint;
see more: What does the law say about the return of petitions?
– Individuals falling into the cases specified at Points a and b of this Clause who are illiterate, visually impaired, unable to file lawsuits by themselves, or unable to sign their own signatures or fingerprints, may ask someone else to make the lawsuit petition and must have a person with full civil procedure capacity to testify. The witness must sign the petition for certification.
If the agency or organization is the petitioner, the lawful representative of that agency or organization may make the petition on his/her own or ask another person to make the petition for the lawsuit. In the items of name and address of the petitioner, the name and address of the agency or organization and the full name and position of the lawful representative of that agency or organization must be written; at the end of the application, the legal representative of the agency or organization must sign and seal the agency or organization; if the organization that initiates the lawsuit is an enterprise, the use of the seal shall comply with the provisions of the Law on Enterprises.
The petition must contain the following main contents:
+ Date, month and year of making the lawsuit petition;
+ Name of the Court receiving the lawsuit petition;
+ Name, place of residence and work of the petitioner being an individual or the head office of the petitioner being an agency or organization; phone number, fax and email address (if any).
If the parties agree on an address for the court to contact, that address shall be clearly stated;
Name, place of residence and work of the person with protected rights and interests being an individual or the head office of the person with protected rights and interests being an agency or organization; phone number, fax and email address (if any);
see more: Form of lawsuit petition filed by an authorized representative
+ Name, place of residence and work of the defendant being an individual or the head office of the defendant being an agency or organization; phone number, fax and email address (if any). In case the place of residence, working or head office of the defendant is unknown, the address of the last place of residence, working or headquarters of the defendant shall be clearly stated;
+ Name, place of residence and work of the person with related interests and obligations being an individual or the head office of the person with related interests and obligations being an agency or organization; phone number, fax and email address (if any).
If the place of residence, working or head office of the person with related interests and obligations is unknown, the address of the place of residence, working or last place of office of the person with related interests and obligations shall be clearly stated. mandarin;
+ The lawful rights and interests of the petitioner are infringed; specific issues to be resolved by the Court with respect to the defendant and persons with related interests and obligations;
+ Full name and address of the witness (if any);
+ A list of documents and evidences enclosed with the lawsuit petition.
The lawsuit petition must be enclosed with documents and evidences proving that the lawful rights and interests of the petitioner have been infringed. If, for objective reasons, the plaintiff cannot submit all documents and evidences attached to the lawsuit petition, he/she must submit existing documents and evidences to prove the lawful rights and interests of the petitioner. violated. The plaintiff shall supplement or hand over other documents and evidences at the request of the court during the settlement of the case.
Chuyên mục: Biễu mẫu
Nhớ để nguồn bài viết: Mẫu đơn khởi kiện đòi đất, quyền sở hữu đất và tài sản gắn liền của website thcstienhoa.edu.vn