Typically, in Judgment 01/2018/DS-ST dated August 14, 2018, of the People's Court of Tinh Gia district, Thanh Hoa province, the first-instance public hearing of the case on a dispute related to the request for the declaration of documents invalid notarization. Between the plaintiff Mr. Le Duy V - Notary Public of Notary Public Office H and the defendant Ms. Le Thi B. Specifically:
" On April 21, 2017, Notary H's Office received the inheritance division file of Ms. Le Thi B. On May 11, 2017, Notary H's Office certified the document on the division of the estate for Ms. Le Thi B.
In the application file for the division of the estate that Ms. B provided to the Notary Public's Office H, there was an affidavit of the personal relationship of Ms. Le Thi B which was approved by Mr. Ho Van C (Head of Village H) and Mr. Bui Khac T (Head of village H) and Mr. Bui Khac T (Chairman of People's Committee of T commune) signed on April 21, 2017, then Mr. Ho Van H (her husband B) died, leaving his inheritance to the heirs. The first successor is only Mrs. Le Thi B (wife) and Ms. Ho Thi H (child); and Ho Van M (natural father) and Phan Thi C (natural mother) are both dead.
However, the personal statement of Ms. Le Thi B is not true because in the content of the declaration of personal relationship, Mr Ho Van M (father of Mr. Ho Van H) died, but in fact, Ho Van M is still alive. On the other hand, through research, it is known that Mr. Ho Van H and Ms. Le Thi B have a son, Ho Van H2 (deceased), Mr. Ho Van H2 has a wife, Bui Thi H1 and has a son, Ho. Van Quoc A (born in 2012).
After detecting such errors, Notary Office H together with the People's Committee of Commune T took the initiative to meet, exchange, explain and request Ms. B and related people to carry out the procedures to cancel the Document. B and related people did not cooperate, so Notary Le Duy V filed a lawsuit asking the People's Court of Tinh Gia district to declare invalidity to the document on the division of inheritance".
The People's Court of Tinh Gia district, based on Article 52 of the Law on Notarization in 2014, Article 127 of the Civil Code 2015 of Vietnam, accepted the petition of Mr. Le Duy V, declaring the document on the division of inheritance invalid.
Compared with the provisions of Article 127 of the Civil Code 2015 and Article 52 of the Law on Notarization 2014 of Vietnam as follows:
Article 127. Invalidity of civil transactions due to deception, threat or compulsion
Any party entering into a civil transaction as a result of deception, threat or compulsion has the right to request a court to declare such transaction invalid.
Deception in a civil transaction means an intentional act of a party or a third person for the purpose of misleading the other party as to the subject, the nature of the entity or contents of the civil transaction which has caused the other party to enter into such transaction.
Threat or compulsion in a civil transaction means an intentional act of a party or a third person which compels the other party to conduct the civil transaction in order to avoid danger to the life, health, honor, reputation, dignity and/or property or that of its relatives.
Article 52. Persons having the right to request courts to declare notarized documents invalid
Notaries, notarization requesters, witnesses, interpreters, persons with related rights and obligations and competent state agencies may request courts to declare notarized documents invalid when having grounds to believe that the notarization is in violation of the law.
It can be seen that the above personal relationship declaration did not declare that the heir to the estate of Mr. Ho Van H is Mr. Ho Van M and the heir to the position of Mr. Ho Van H2 (deceased). Therefore, the document on the division of inheritance that Notary H's Office made on May 11, 2017, omitted 02 people.
The notary's office asked Ms. B and related people to carry out the procedures for annulment of the document on the division of inheritance, but Ms. B and related people did not cooperate, so the notary has filed a lawsuit. requesting the Court to declare the invalidity of the document on the division of inheritance is completely reasonable, in accordance with the provisions of Article 52 of the Law on Notarization 2014 of Vietnam.
Therefore, in addition to notarization requesters and persons with related interests and obligations, notaries, witnesses, interpreters and competent state agencies also have the right to request courts to declare documents Notarization is invalid when there are grounds to believe that the notarization violates the law.
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