2007 年 4 21, the fifth in Daqing City, Heilongjiang Province Hospital, 69-year-old He Shuqin come to an end of life, the hospital issued a Old before his death intestate, to name a street more than a thousand square meters of commercial real estate left to his granddaughter Fang Fang (a pseudonym). However, when the mother Houya Jing Fang Fang procedures for transfer with her daughter, she found a copy of the Daqing Hi-tech Development Zone (hereinafter referred to as zones) Notary Office issued a Charles, heir He Shuqin on November 23, 1999 died of illness in Daqing.
a person, 8 years, actually died twice, is this possible?
Recently, the reporter saw the old man's daughter Houya Jing (divorced), she still can not get to her estate was bequeathed to run around.
mother was the son of
40-year-old Hou Yajing temples already had white hair. Theoretically, she is He Shuqin granddaughter Fang Fang left to real estate for himself in 2001 when the valuation has reached $ 500,000. Locals told reporters:
He Shuqin son called Lidong Bo, Ren Xiaochun Li's second wife, and Lee had a son; Houya Jing Lee's first wife, in 1989, Houya Jing and Li Dongbo married, second year the Fang Fang. In 1995, two divorced, raising her daughter by the Hou. Two years later, Lidong Bo and Ren Xiaochun married.
Zone notary files show, April 4, 2001, Li Dongbo find the zone notaries, notary requirements for inheritance. Certificate is very simple: deceased intestate, according to the law of succession by the provisions of ... ... legacy inherited by his son Li Dongbo. After He Shuqin name in real estate women's ugg sandals, inherited by Li Dongbo transfer. For all this, He Shuqin totally unaware.
2006 December Lidong Bai Ren Xiaochun because of feelings of discord and divorce. The two sides reached under the auspices of a civil court mediation, In early 2008, both remarried. January 30, 2008, Li Dongbo suicide.
genuine testament
divorce of her parents, Fang Fang times a year to see the grandmother of one of the few. 2005 Spring Festival, I feel bad He Shuqin body wanted to establish wills. Relevant testimony shows, March 6, 2005 morning, He Shuqin call the law firm of Daqing Song Tree Indian lawyer, asked whether to establish a will. Thus, in another song with the staff went to any of the residence. He Shuqin said he has a property, to give Fang Fang, she felt
Houya Jing and Fang Fang at first did not know the wills exist. Until early 2007, Hou Yajing in attending a funeral, met his mother before Kou (Li Dongbo aunt, will witness one). Regardless of her mother quietly stuff into an envelope and said she was inside the material may be useful. The date inscribed in the deposits of $ 500,000 Condition is,
He Shuqin after the death of Hou Yajing with her daughter to apply for transfer procedures. However, staff will check and told her, the property in 2001 under the name of transfer from He Shuqin to Li Dongbo, then transfer from the Li Dongbo name to Ren Xiaochun.
that legacy. Judge held that the joinder of the two cases do not fit, asking them to change the claim, first, to confirm the effectiveness of wills.
case had to determine the application of summary procedure, but the prosecution after a week burberry outlet london, Hou Yajing found he was suffering from ovarian cancer. During her treatment, as the defendant's Ren Xiaochun has to produce another copy of his mother He Shuqin stand,
two wills, who is true from the false?
Dragon district court has commissioned forensic Southwest University of Political Science Center, Beijing sources of law judicial appraisal of scientific evidence will be identified on the two centers. Finally, in January 23, 2009, Dragon district court verdict, Wills held by identified Fang Fang effective. Ren Xiaochun appealed against the verdict. December 10, 2009, the second instance court upheld the original verdict.
However, armed with two judgments Houya Jing, still can not get a will for her daughter's property. Houya Jing several times to find local real estate management have been informed, as property has been transferred, and real estate management is not self-correcting function.
end, after the Spring Festival in 2010, Hou Yajing initiation of the appeals. The court in administrative proceedings before recommended Houya Jing, housing management department shall cancel the request based on sham transfer made by the notary act. After the second transfer will naturally be revoked. So, Hou Yajing has filed administrative proceedings.
However, on June 24, Houya Jing from the local newspaper to see, He Shuqin the original house ownership certificate has been canceled, she was told the reason is information does not meet the relevant conditions Banfangchanzheng. The subject of administrative proceedings does not exist, Hou Yajing desperation withdrew the prosecution.
false certificate come from
all the key is obviously to share
Daqing City Notary Office and obtain the files show, in addition to ID card paul smiths, household, real estate license and other documents issued by the Technology Association issued the Office conversation transcripts.
based on the content, the development zone Notary Chang Gong members in April 2001 issued a It is understood that the palace is actually a member of Daqing City, Notary Public, Notary Office Zone was set up soon, he was temporarily seconded to the Notary Office Zone.
Daqing City Notary Office website, the need for succession notarized documents include: 1 original death certificate of the deceased, if the account has been canceled with a cancellation of residence issued by Public Security Bureau to prove the original; 2 dead files copy; 3 Proof of inheritance: a unit, department or by the deceased unit personnel files and records management department under the complete understanding of the situation, and affix file management personnel department or official seal; no units from the dead Office filled the street, and official seals. 4 If there are accounts, ID card, marriage certificate to be brought.
and the right to inherit on He Shuqin apparent lack of notarization of the first most basic information.
strange is that after the death of the elderly, when the Bureau of Justice Daqing Hou Yajing find notary, she got a message: law, the City Notary Office (At this point, the development zone has been revoked the notary office, into the Daqing City Notary Office) on January 30, 2007, revoked the certificate, the certificate from the date of issuance will not the force of law.
notary always believed that this is just a normal notary mistakes. The only obvious fact is that there is no significant errors when the notary.
/ p>
notary public certificate issued by the false, should bear the appropriate criminal or civil liability? Notary Law Article 43 provides that: notary fault recovery. In China Notary Association under the auspices of more than 3,000 notary agencies nationwide to establish a compensation mechanism, each notary public must come up with an annual income of 3% of the year, China Notary Association to set up a special notary and for compensation for the error cause the parties to economic loss of funds.
criminal responsibility.
It is understood that the Supreme People 2009 issued perform his notarial duties in the process, seriously irresponsible, certificate issued by a significant misrepresentation, causing serious consequences, according to 刑法第二百 twenty-nine, paragraph 3, certificates issued by a major misrepresentation to be held criminally responsible. The false certificate was issued in 2001, how the criminal should be held?
Sina exclusive manuscript statement: This work (text, images, graphics and audio and video) for Sina to use, without authorization, any media, and individuals may in whole or in part.
0 件のコメント:
コメントを投稿