Requisitos para promover juicio de Usucapión: De qué se trata el Juicio de Usucapión, dónde se realiza y pasos a seguir

Los requisitos para promover Juicio de Usucapión se tratan de documentos que se exigen en este trámite; con la finalidad que se cumpla con cada una de las normas establecidas por la entidad gubernamental.

Debido a esto se invita a seguir leyendo este artículo de modo que se informe como se tiene que proceder en este trámite, los documentos que se exigen y también otros factores que afectan esta operación legal.

ESTO ENCONTRARÁS AQUÍ

Requisitos para promover Juicio de Usucapión

Los principales requisitos para promover Juicio de Usucapión consiste básicamente en documentos que se puede o está a disposición de ser susceptible a la preinscripción, es decir, todo las propiedades que puedan ser comercializada por los hombres.

Ante esta situación la persona natural debe de hacer una declaración donde especifica la posesión como dueño para iniciar el proceso; debe presentar 2 testigos ante el organismo público de la nación que lo soliciten.

Los requerimientos para fomentar un Juicio de Usucapión tenemos los siguientes:

  • Debes presentar un escrito donde justificas la Usucapión, desde presentarlo en original, además de 4 copias.
  • Certificado en original y copia de Inscripción del Inmueble ante el Instituto de Función Registral del Gobierno de México.
  • Presentar Planos de descripción del inmueble en formato original y 4 copias; debe de tener toda la información que requiere el ente gubernamental, como son área, ubicación y servicios que posee.
  • Adicional los Recibos de pago de impuestos predial en original y copias, que ha realizado desde que tiene posesión del inmueble.
  • Agregar en original y 4 copias el recibo de pago del Inmueble.
  • Añada en original y 4 copias el recibo y la manifestación del pago de translación de Dominio.
  • Debes de presentar Original y 4 copias simples de tu identificación Oficial.
  • Ante la Corporación Mexicana de Residencias Sociales debes firmar un Contrato de Prestación de Servicios y entregar el original.

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Pasos a seguir

Los pasos que se tiene que seguir en este trámite se inician después que se reúnan los requisitos para promover juicio de usucapión; debido a esto a continuación se indica el proceso respectivo para completar esta operación:

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Paso 1

  • Presentar ante el Departamento Jurídico de la Delegación Regional del Estado Mexicano, un escrito donde te postulas para empezar un trámite de Usucapión.
  • El Departamento Jurídico, le informará al interesado que presente todos y cada uno de los requisitos que indica la ley para proceder con el trámite de Prescripción Adquisitiva.
  • Después de estudiar y revisar la documentación el IFREM, presentará un certificado donde declara y notifica a los interesados que corresponda; si la solicitud de Usucapión procede o no cumple con los requisitos de ley.

Paso 2

  • El Departamento Jurídico al tener conocimiento de que el procedimiento procede, integrará en el expediente, el Certificado de Inscripción y una copia del Contrato de Servicios y todos los requisitos cumplidos por el interesado para comenzar el Juicio de usucapión.
  • Cumpliendo con el procedimiento, el Departamento Jurídico Elaborará un Escrito de Demanda con toda la documentación que requiere y ante El Juzgado Civil de Distrito, solicita comenzar el Juicio de Usucapión.
  • Al recibir el escrito de Solicitud de Demanda, el Juzgado Civil asignará un número de expediente y comienza con los trámites y procedimientos convenientes de substanciación de ley para comenzar el Juicio.

Paso 3

  • El Juzgado Civil Ordenará la Protocolización en frente del Notario Público y la inscripción correspondiente en el IFREM de su jurisdicción.
  • Después de haberse realizado todo este procedimiento y el Departamento Jurídico reciba la Sentencia, este solicitará al interesado pagar el Impuesto Sobre la Renta en la SHCP.
  • Al realizar el pago debes consignar una copia para que sea anexada al documento de la sentencia, para que la Notaría Pública proceda a su protocolización.

Paso 4

  • La Notaría Pública, enviará la Sentencia correctamente Procesada al Departamento Jurídico de la Autoridad Pública que corresponda; según la zona donde se realizó el Juicio.
  • Luego de haber realizado todo estos trámites la Sentencia se remitida al IFREM con todos sus datos y ella realicé la inscripción que resulte más adecuada para la época.
  • Por último le será entregada La Sentencia al Departamento Jurídico de la Autoridad Pública de la zona que corresponda y ésta se la entregará al Interesado.
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Qué es Usucapión

La Usucapión consiste en un proceso legal para la adquisición de una propiedad que se encuentra a nombre de una tercera persona; para esto es necesario cumplir con los requisitos para promover juicio de Usucapión.

Este proceso no se puede realizar por medio de una persona jurídica sino que a través de una persona natural; con esto se puede obtener un inmueble después de cumplir con un plazo determinado.

Se encuentra basado en el Código Civil Federal Actual  donde se establece esta operación de preinscripción adquisitiva que se aplican por medio de las sentencias tribunales.

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De qué se trata el Juicio de Usucapión

El Juicio de Usucapión consiste en un proceso legal en la que se lleva a cabo una transición o un cambio de propietario sobre un activo o un inmueble determinado; por lo que se requiere la aprobación de las autoridades capacitadas para continuar con esta operación.

Por medio de este juicio se tiene un mayor control y gestión de los trámites relacionados; de manera que los abogados puedan agilizar este trámite con la finalidad que se realice el cambio de dueño en la propiedad.

Gracias a estos juicios se han agilizado diferentes procesos relacionados a una propiedad, ya sea por una deuda o por un caso en particular; de forma que en la actualidad se han incrementado los juicios de Usucapión.

Dónde se realiza el Juicio de Usucapion

Para realizar el Juicio de Usucapión se tiene que disponer de los edificios autorizados para levar a cabo este proceso legal; esto también depende de la jurisdicción que dispone las delegaciones de forma que se tiene una mayor organización de estos casos.

Se tiene solos 2 edificios que poseen la autoridad para realizar un Juicio de Usucapión; primero se cuenta con el Instituto Mexiquense de la Residencia Social y el segundo consiste en las Delegaciones Regionales.

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Dependiendo del sector que se encuentre puede variar la oficina de la delegación, por lo que es importante informarse cual se debe acudir; sin embargo por medio del Instituto es donde se han llevado a cabo la mayoría de los casos de Usucapión.

Tiempo en que se hace el Juicio de Usucapión

El tiempo en que se realiza el Juicio de Usucapión depende de algunos factores pero se caracteriza por ser un proceso rápido; generalmente en 6 meses se debe tener respuesta a esta operación legal.

Si se cuenta con los requisitos para promover Juicio de Usucapión antes de iniciar este trámite se puede disminuir este período de espera; debido a esto es necesario que se tenga los documentos vigentes y actualizados para lleva acabo esta operación.

En el caso que se tenga problemas con algún documento específico se puede demorar este plazo para la respuesta del juicio; sin embargo esto no afecta al trámite sino que puede demorar un poco más el cambio de propietario del inmueble.

Regularización de Predios Vía Juicio de Usucapión

La regularización de predios vía Juicio de Usucapión consiste en un trámite que quiere de la intervención del Juzgado Civil de Primera Instancia para el cambio de propiedad de un bien determinado.

Este procedimiento jurisdiccional requiere también de la participación del IMEVIS para las gestiones y administraciones del juicio; con la finalidad que se obtener un certificado con vigencia permanente.

Con esto se tiene la asignación del número de un expediente en la entidad para la ejecución de los trámites judiciales; así se agiliza la modificación del dueño de una ´propiedad y  la necesidad de complicaciones a la hora de la aprobación de la sentencia.

Esperamos que esta información sea de ayuda con respecto a los requisitos para promover Juicio de Usucapión y pueda cumplir con este trámite judicial

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