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    This document summarizes a legal process regarding an inheritance petition. Mrs. Lidia Encarnación Amaya García de Pérez demands to be declared the heir of her deceased sister. The judge initially admits the claim but then declares it null due to lack of precision in the request. The intervention of Zoilo Javier Amaya Farfán, who seeks to be declared heir as the nephew of the deceased, is also allowed.

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    This document summarizes a legal process regarding an inheritance petition. Mrs. Lidia Encarnación Amaya García de Pérez demands to be declared the heir of her deceased sister. The judge initially admits the claim but then declares it null due to lack of precision in the request. The intervention of Zoilo Javier Amaya Farfán, who seeks to be declared heir as the nephew of the deceased, is also allowed.

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    This document summarizes a legal process regarding an inheritance petition. Mrs. Lidia Encarnación Amaya García de Pérez demands to be declared the heir of her deceased sister. The judge initially admits the claim but then declares it null due to lack of precision in the request. The intervention of Zoilo Javier Amaya Farfán, who seeks to be declared heir as the nephew of the deceased, is also allowed.

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    This document summarizes a legal process regarding an inheritance petition. Mrs. Lidia Encarnación Amaya García de Pérez demands to be declared the heir of her deceased sister. The judge initially admits the claim but then declares it null due to lack of precision in the request. The intervention of Zoilo Javier Amaya Farfán, who seeks to be declared heir as the nephew of the deceased, is also allowed.

    Copyright:

    © All Rights Reserved
    Descargue como DOCX, PDF, TXT o lea en línea desde Scribd
    Descargar como docx, pdf o txt
    9 vistas4 páginas

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    This document summarizes a legal process regarding an inheritance petition. Mrs. Lidia Encarnación Amaya García de Pérez demands to be declared the heir of her deceased sister. The judge initially admits the claim but then declares it null due to lack of precision in the request. The intervention of Zoilo Javier Amaya Farfán, who seeks to be declared heir as the nephew of the deceased, is also allowed.

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    Descargue como DOCX, PDF, TXT o lea en línea desde Scribd
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    MEMORY HELP

    Exp. N°04230-2013-0-1601-JR-CI-04

    DATE: 10/24/2013

    INSTANCE: 4th Civil Court

    PROCESS: Knowledge

    SUBJECT: Petition and/or exclusion of inheritance. (demands petition for inheritance and

    declaration of heir).

    PARTS OF THE PROCESS:

    - Plaintiff: Amaya García de Pérez Lidia Encarnación

    - Defendant: Amaya Sánchez Víctor Raúl

    8 annexes were presented as evidence (1A-1H) by the plaintiff:

    - 1-A: Simple copy of the appellant's DNI

    - 1-B: Birth certificates of the appellant

    - 1-C: Electronic entry No. 11215622, preventive annotation of intestate succession

    - 1-D: Electronic entry No. 11215622, registration of intestate succession.

    - 1-E: Electronic entry No. 11003407, transfer of ownership by intestate succession.

    - 1-F: Judicial fee for offering evidence.

    - 1-G: Judicial fee for notification cards

    - 1-H: Certificate of Professional Skill


    Mrs. Lidia Encarnación Amaya García de Pérez, demands a petition for inheritance and

    declaration of heir against Víctor Raúl Amaya Sánchez.

    The plaintiff seeks to be declared the heir of her sister EULASIA CRESENCIA AMAYO,

    who died on September 17, 1991.

    RESOLUTION N° ONE: 10/28/2013

    a. Cars and seen:

    - Judge directing the process qualifies the claim (first filter)

    - It is determined without defects of form or substance.

    - It is determined that the court is competent (art. 664 CC)

    - THE CLAIM IS ADMITTED: they request that the defendant (Amaya

    Sánchez Víctor Raúl) be notified, a period of 30 days is given for warning.

    - According to page 25: there is a forecast document for notification (dated

    December 5, 2013)

    - On page 26: there is the notification issued to the plaintiff (December 6,

    2013).

    - On page 27 is the notification issued to the defendant Amaya Sánchez

    Víctor. (December 4, 2013).

    REQUEST FOR INTERVENTION

    - On page 45, the request for intervention as necessary joint litigation is given

    (Mr. Zoilo Javier Amaya Farfán). He requests that he also be declared an

    heir as a nephew, representing the succession of his father Oswaldo Javier

    Amaya García.
    o EVIDENCE (page 48)

    He offers documentary evidence:

    - Death certificate of Mr. Oswaldo Javier Amaya García (March 5, 2009).

    o ANNEXES (On folio 45 to 50)

    - Copy of the appellant's ID (1-A)

    - Birth certificate of Mr. Owslado (1-B)

    - Death certificate of Mr. Oswaldo (1- C)

    - Birth certificate of the appellant (1 – D)

    - Literal copy of the domain of the preventive annotation of the claim and the

    registration of the judgment of intestate succession of the deceased (1 – E)

    - Literal copy of ownership of the property located in Jr. Junín No. 260

    Trujillo (1 – F)

    RESOLUTION N° TWO (December 12, 2013) – (Folio 51)

    - It is requested that what was presented by Zoilo Fernández be added to the

    records

    - Notification is requested from the parties

    o NOTIFICATION

    - Amaya García de Pérez Lidia Encarnación (plaintiff) is notified on page 52

    – January 7, 2014

    RESOLUTION N° THREE (January 8, 2014) – (Folio53)

    CARS AND SEEN


    - The judge is the director of the process and is obliged to verify and

    empowered to declare nullities.

    - When qualifying the claim: the plaintiff's request is imprecise, since it does

    not indicate the assets or the factual facts of her claim.

    - It is observed that in resolution No. 1 the claim is admitted, incurring

    grounds for nullity.

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