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Prosecution procedure of house heritage dispute
1, confirm the defendant. The subject information of the defendant needs to be provided. It is best if the communication in the early stage is reserved. If not, if it is an individual, you can print the household registration certificate at the police station where the other party's household registration is located, and if it is a unit, you can print the basic registration information of the unit at the Administration for Industry and Commerce.
2. Write a civil lawsuit. The complaint shall specify the identity of the parties, the claims, the facts and reasons. In order to ensure the smooth execution of the judgment, you can also apply to the people's court for property preservation measures.
3. Submit litigation and evidence. When ready, submit a complaint and evidence to the filing court of the people's court and file a lawsuit. After the case is accepted, the people's court will issue a Notice of Case Acceptance and a Notice of Obtaining Evidence, and notify the payment. If the legal fees are not paid in accordance with the regulations within seven days, the people's court will rule to dismiss the prosecution.
4. Proof.
5. Court session. If the plaintiff fails to do so without justifiable reasons, the people's court will rule to dismiss the prosecution.
6. Hold a trial. In turn, it needs to go through the procedures of verifying the identity of both parties, informing the parties of their litigation rights and obligations, asking the parties whether to apply for withdrawal, starting court investigation, giving evidence and cross-examination, asking judges, debating in court, stating final opinions, court mediation, and sentencing.
Legal basis: Article 33 of the Civil Procedure Law of People's Republic of China (PRC) The following cases shall be under the exclusive jurisdiction of the people's court specified in this article:
Litigation over real estate disputes shall be under the jurisdiction of the people's court where the real estate is located, litigation over inheritance disputes shall be under the jurisdiction of the people's court where the port is located, and litigation over inheritance disputes shall be under the jurisdiction of the people's court where the decedent died or the main legacy is located.
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