Do you know anything about inheritance law? In the 2021 year that has just passed, what inheritance cases has Shuying represented? What are the new main points and viewpoints of the court's adjudication in the practice of succession? Beijing Shuying Law Firm officially launched the 2021 "Top Ten Excellent Cases" selection activity.
On the eve of the Spring Festival, after our careful selection, the 10 classic cases shortlisted for the "Top Ten Cases selection of Shuying in 2021" were released.
01
Borrowed name to buy a house accident, the biological son pit house and pit father?
Case history: In 2000, two elderly people bought a house in the form of a loan, but because of the age problem, they could not handle the purchase of a mortgage, listened to the advice of the sales office, and wanted to apply for a mortgage loan in the name of the second son, and also wrote the name of the second son on the real estate certificate, but the house payment was borne by Uncle Li and his wife.
However, an incident that happened this year made the originally peaceful days of Uncle Li and his wife be stirred up into a mess.
In order to solve the noise problem, the community where Uncle Li lives requires the owner of the community to apply for the replacement of housing property rights. After the second son heard about it, he actually proposed to let his parents move out of this house as soon as possible, so that he could sign a contract to get the subsidy.
The second son's actions made the two old men sad. What made them suffer even more was that because Uncle Li did not do what his son said, the son actually demanded to recover the house and pay the rent owed on the grounds that the property deed had his own name, and sued the two 80-year-olds to the court.
Reasons for entry: Nowadays, the phenomenon of "buying a house by name" has become a more common phenomenon in the current society due to the introduction of policies such as purchase restriction orders, in principle, we should avoid the emergence of this house buying model, and directly sign a house purchase contract with qualified developers and intermediary companies to reduce the occurrence of disputes and protect their legitimate rights and interests. However, if it is necessary to buy a house by borrowing someone else's name, it is necessary to retain evidence that can prove that there is indeed a registration of the name of the borrower, and the two parties can sign an agreement, retain the evidence of transfer, etc., and transfer the property rights to the name of the borrowed celebrity as soon as possible after handling the property rights of the house, so as to protect their legitimate rights and interests.
02
"Older women" flash marriage encounter domestic violence, "honest" husband why did he turn sex?
Case history: Ms. Wang and Mr. Zhang met on the marriage website, both felt that they could talk, and after three days of acquaintance, they established a relationship, and just a month later, the two got married, and soon Ms. Wang became pregnant.
One day, When Mr. Zhang returned home from work, he said to Ms. Wang with a solemn face: "I have thought about it, whether this child is going to be born or not does not matter to me, I still hope that you can take him away." ”
Ms. Wang heard her husband's words like a thunderbolt on a sunny day and cried bitterly. After calming down, Ms. Wang decided that no matter what her husband was, she would give birth to this child and raise him. In order to make her husband compensate herself, Ms. Wang proposed: I hope that Mr. Zhang can buy a house in full to ensure the future life of herself and her children.
Subsequently, as Ms. Wang said, Mr. Zhang invested 3 million yuan to buy a house, Ms. Wang's share accounted for 99%, Mr. Zhang's share accounted for 1%, and agreed: If the two parties divorce in the future, this house will all belong to Ms. Wang. The two also registered with the Real Estate Exchange Centre.
Pregnant in October, Ms. Wang always went to the maternity check-up alone and took care of herself. The husband often does not come home and cannot contact anyone. It was hard to look forward to her husband going home, but the husband only cared about chatting with the female colleagues on the mobile phone.
As the days passed, Ms. Wang's feelings for her husband were gradually exhausted. The frequency of the two quarrels has risen sharply, and the husband has punched his pregnant wife when a quarrel occurs, directly punching Ms. Wang's eardrum to the perforation.
Because of domestic violence, 110 was dialed many times. Patience and tolerance again and again do not exchange for the husband's repentance, but rather intensifie.
So later Ms. Wang also unexpectedly chose divorce.
Reasons for shortlisting: Although the Internet is now full of many "anglomesia" and "fear of marriage", in real life, there are still a group of people who are very eager for marriage. But blind yearning pays a heavy price. In the face of husband cheating and domestic violence, how wives should collect evidence and defend their rights has become a problem, and lawyer Ying Ying advises everyone with real cases: if you want to get married, only slowly pick, choose well, have more places, and look quietly, so that your marriage can go a long way.
03
The son was unwilling to support his parents and sold the old man's house, which made people sigh...
Case history: Uncle Zhang and Grandma Wang are husband and wife, and after marriage, they have a son and a daughter, namely Zhang Shuo and Zhang Li.
In 2003, the house where Uncle Zhang's family lived was facing demolition. After the demolition, the parents used the purchase index at that time to buy two properties in Fengtai District, 202 and 302. The 202 house was registered in the name of Uncle Zhang, and the 302 house was registered in the name of his daughter Zhang Li.
In April 2012, his son Zhang Shuo negotiated with his parents to transfer the 202 house to his daughter Zhang Li,who transferred the 302 house under his name to Zhang Shuo's name. After reaching consensus, Mr. and Mrs. Zhang and his two children signed the Agreement.
The agreement stipulates: "House 202 and House 302 are given to the son and daughter each, and only the right of residence is granted." And the two agreed to give their parents a monthly pension fee of 300 yuan. If the child is disrespectful or filial to his parents, the parents have the right to take back the property at any time".
After signing the agreement, Uncle Zhang's family transferred the property separately according to the content of the agreement.
Who expected, after the transfer, his son Zhang Shuo did not perform in accordance with the "Agreement", not only did not pay the pension on time, but also never supported the elderly, and even listed the 302 house for sale.
Uncle Zhang repeatedly asked his son Zhang Shuo to theorize and demanded that his son immediately terminate the sale, but his son paid no attention to it. His son's tough attitude can't help but make Uncle Zhang wonder if his flesh and blood relationship with his son is a void after all?
Reasons for shortlisting: In recent years, the aging situation of the mainland population is grim, and the issue of support for the elderly has become a social problem that needs to be solved urgently. The vast majority of parents overstepped their energy and money in their children's lives, education and marriages, and when they grow old, they cannot exchange for the careful support of their children. Lawyer Shuying earnestly appealed to everyone: as children, we should be more grateful for the grace of our parents. Regardless of the attitude of the parents, even if the mother has more nagging and excessive words, it should be correctly understood and tolerated, do not have resentment, do not give up family affection; children should respond to the relevant requirements of their parents in their later years, and try to meet them within the scope of their ability, so that the elderly can enjoy their old age.
04
Parents have passed away one after another, and there is a will in hand but can not inherit all the property, this detail should not be ignored!
Case history: Li Shaoqian and Wang Zhen are a loving couple, after marriage, the couple bought a house in Daxing District, Beijing, and had two daughters, the eldest daughter Li Xia and the second daughter Li Qiu.
In December 2002, Wang Zhen died of a sudden illness. The father and his two daughters did not divide the property left by the mother.
After the death of his mother, his father's health deteriorated and he was often plagued by illness. The younger sister was so busy with work that she could not take care of her elderly father, so the sister took on the responsibility of taking care of her father and rented out her parents' house. In August 2017, his father, Li Shaoqian, died due to ineffective rescue.
Soon after her father left, her sister asked her sister to cooperate with the house left by her parents, claiming to have a will left by her father. The will reads: The house was purchased with the help of the eldest daughter, and the eldest daughter has been around for many years, so the house is inherited by the sister alone. In order to take care of the sisterhood, if the house is sold in the future, the sister can pay some discount to the sister for the house.
The sister believes that the money mentioned in the will should not be given to the sister, who has not fulfilled the obligation of support to her parents for many years, but has instead sent her parents to the end of the pension alone, and the house is still purchased at her own expense.
For this reason, the two sisters completely fell out for a property, disregarding the feelings of a mother and compatriots, and sued the court.
Reasons for shortlisting: With the improvement of people's legal awareness, the accumulation of family wealth and the increase in the probability of family disputes around them, many people now have the awareness of preventing risks in advance by making wills. In particular, many elderly people will pre-allocate their property according to their true wishes in their later years to avoid disputes between relatives after death. In real life, because the self-written will is simple and easy, the confidentiality is strong, there is no need to witness, and there is no need to go through notarization, therefore, many people will choose to write a will, but there is a greater risk, it is recommended to make a reasonable and effective will in the case of lawyer witness.
05
The elderly mother died suddenly, and the sister-in-law and sister-in-law fought against each other for a million inheritance
Case history: Wang Liang and Li Li are a couple in distress, and after struggling, they bought a three-bedroom house in Changping District, Beijing in 2006. Wang Liang understood the hardships and hardships of his wife Li Li over the years and registered the house in his wife's name. After marriage, the two parties had a son, Wang Yi.
After buying a house, Wang Liang thought that his father was no longer there, leaving his mother alone to live uneasy, and now there were conditions for living, so he took his mother Zhao Hong to his home to support, so that the elderly could enjoy the joy of heaven, three generations in the same house, and their happiness and harmony.
At the beginning of 2009, Wang Liang was admitted to the hospital with a heart attack, fought against the disease for a year, and finally passed away. Over the years, Li Li and Wang Liang's sister Wang Xi have helped each other, raising sons and supporting their mother-in-law.
At the end of 2020, her mother-in-law Zhao Hong died of a sudden cerebral infarction, and Li Li was overwhelmed with grief. Clinker, after the sudden death of her mother-in-law Zhao Hong, Li Li received a complaint served by the court. It turned out that it was the sister-in-law Wang Xi who sued, demanding that he and his sister-in-law jointly inherit the share of the house and deposits left by their brother before his death.
Sister Wang Xi said that soon after the death of her brother, her mother lived with her, as her mother grew older, her body continued to appear a variety of large and small diseases, in order to take care of her mother, she gave up her work and took care of her wholeheartedly, especially during her mother's hospitalization, so she should share more of her mother's share of the property.
Li Li was aggrieved that when her husband Wang Liang was alive, she had always been taking care of herself, and her sister had never helped. He also fulfilled the obligation of support for his mother-in-law, and every time he went to the hospital for examination, the medical expenses of all sizes were paid by himself, and he never asked his sister Wang Xi for a part of his mother-in-law's salary. During the New Year's Festival, I always take red envelopes and gifts to visit my mother-in-law.
Because of this house, the sister-in-law completely disregarded the love of the past and made a lot of trouble.
Reasons for the entry: After the death of her mother, the sister suddenly said that her brother's property should be divided with her sister-in-law. Didn't pay a penny for my brother's house, and still have the right to inherit? Who is the true heir? The real case of Recitation Ying takes you to the difference between succession to the throne and succession.
06
Why did the nanny inherit the millions of assets of the employer over a 10-year period?
Case history: In the 1950s, Mr. Chen and Ms. Zhang married, and after marriage, the two lived together in House 401 of a community in Haidian District, Beijing, House 401 was the house allocated by Mr. Chen's unit, Ms. Zhang died in 1993, and after marriage, both parties had a daughter, and Mr. Chen did not remarry.
After Ms. Zhang's death, her relatives did not distribute her estate (including Ms. Zhang's family property and savings). In 1999, Mr. Chen's unit signed the "Contract for the Sale and Purchase of Internal Shared Housing" with Mr. Chen, stipulating that Mr. Chen would purchase House No. 401 by converting his and Ms. Zhang's working years, House No. 401 would be changed from public housing to personal ownership, and the amount of house price was 20,000 yuan, and the 401 House Price Calculation Table showed that the man's working experience was 20 years when buying a house, and the woman's working experience was 39 years, and in 2000, the Beijing Haidian District Real Estate Registration Center filled in the property right certificate for House No. 401, and the registered owner was Mr. Chen.
Since her daughter lived abroad for many years and had no time to take care of Mr. Chen, she hired a live-in nanny to take care of her father. After years of getting along, Mr. Chen sympathized with nanny Xiaoqing's long-term care and companionship, and in 2012, he made a self-written will, saying that House 401 would be jointly inherited by his daughter and nanny, and each would receive one-half of the property rights. In 2015, Mr. Chen's daughter and nanny Xiaoqing began a five-year-long inheritance dispute to defend their rights.
Reasons for shortlisting: In the past 30 years of reform and opening up, the government has reformed the housing system and introduced a housing reform policy. For a time, many people took advantage of the benefits of the seniority policy to buy full property rights at a lower price. Nowadays, with the continuous deepening of the reform of the urban system, it has gradually withdrawn from the historical stage, but the housing reform still accounts for a relatively large proportion of urban housing, coupled with the complex diversity of housing system reform policies, which often leads to a large number of contradictions and disputes, especially in the inheritance problem. If you encounter the problem of inheritance of the house with the conversion of working age, do not worry, be sure to seek the advice of legal professionals in time, which is conducive to stripping away the complex inheritance disputes and greater protection of their legitimate rights and interests.
07
Homestead use rights: How many waves does a room stir up?
Case history: In June 2019, Mr. Shen's family, who was trapped in a lawsuit, came to the "Lawyer's Outpatient Room" column of Beijing Television Station to ask for help. It was summer, and Mr. Shin was holding a bag full of case information, and there were still unshaven beads of sweat on his face. Through the column group Mr. Shen got acquainted with The Law Firm, as soon as he met Lawyer Zhang Xingyan, Mr. Shen placed the heavy materials in front of Lawyer Zhang, and the grievances in his stomach turned into a sentence at this time: "Lawyer Zhang, can you help us?" Mr. Shin has been running back and forth for two years for this lawsuit, and he can't believe anyone at this time.
After clarifying Mr. Shen's appeal, Lawyer Zhang comforted Mr. Shen and asked him to rest assured. Before meeting Mr. Zhang, Mr. Shen's family can be said to have taken a lot of detours, the aggressiveness of his sister, the irresponsibility of the previous lawyer, and the two-year-long litigation, all of which made Mr. Shen feel exhausted.
Before receiving the verdict, Mr. Shen had not slept a day of rest, and he could not understand that his sister, who grew up together, would set a trap on the pretext of moving his household registration for his own selfish interests. In 2011, my sister personally came to the door and had already moved her hukou when she first got married, but she wanted to move her hukou back to her old house in order for her children to go to school. Since his sister's children grew up in Mr. Shen's house, Mr. Shen regarded this only nephew as his own biological child, and accompanied him like a father to grow up. At that time, the demolition of the Shen family's old house was imminent, and the sister personally wrote the agreement and repeatedly promised that it would not be used to divide the benefits of demolition.
But in 2019, when Mr. Shen got the demolition money, his sister immediately changed her attitude, sued Mr. Shen in court, unilaterally tore up the agreement, and denied the true validity of the agreement. His sister's tough attitude made Mr. Shen wonder again whether the flesh and blood affection of so many years was a void after all?
Reasons for shortlisting: an old house, the family went to court several times, and the brothers and sisters quarreled endlessly over the house of the old house. Mr. Shen's family, who were trapped in a lawsuit, came to the "Lawyer's Outpatient Room" column of Beijing Television Station to ask for help. Before meeting Mr. Zhang, Mr. Shen's family can be said to have taken a lot of detours, the aggressiveness of his sister, the irresponsibility of the previous lawyer, and the two-year-long litigation, all of which made Mr. Shen feel exhausted. After mr. Shuying's full representation, he used his super professional ability to win this dispute for Mr. Shen and protect mr. Shen's legitimate rights and interests to the greatest extent.
08
The first residency lawsuit: Widows and widows, why live in peace?
Case history: The story goes back to a certain day 20 years ago, Ms. Wang and her wife decided to re-establish a complete family, in order to take care of their wife's daughter, married for 20 years without children, the wife had a house under her name before marriage. The wife was afraid that after her death, her wife and daughter would have a dispute over the property, so in 2013 she left a will and did a notarization, and the will stated: Leave all the house to her daughter to inherit.
But after all, the two were husband and wife, and he was worried that if he walked in front of Ms. Wang, Ms. Wang was likely to be kicked out of this house by her stepdaughter, and for the sake of safety, he left a self-written will, which wrote that after his hundred years, the second bedroom of the house would be used by Ms. Wang. She also asked her daughter to sign a will, agreeing that her stepmother could continue to live in the house after her father's death. After the death of her wife, Ms. Wang cooperated with her stepdaughter to handle the house transfer procedures.
But now, the stepdaughter actually rented out the master bedroom of this house, and the daughter negotiated with her stepmother many times in order to make the whole house rent, hoping to let the stepmother move out. The second old couple has a deep affection, the house is full of memories of Ms. Wang and her wife, if she moves out, she has nowhere to go and not to say, and completely cut off her thoughts of her wife. Hand in hand through the ups and downs of 20 years, did not expect that the old will face the dilemma of being swept out of the house, homeless, in order to protect her legitimate rights and interests, Ms. Wang filed a lawsuit, found the recitation of the entrustment, want to confirm through the court judgment that she has the right to live in the second bedroom of the house, so that she can live in peace in the old age.
Reasons for entry: In order to reduce the risk of homelessness of the elderly, from 2021, in order to ensure that the elderly have a place to live, the Civil Code stipulates that the elderly and their children can conclude a right of residence contract, and agree that after the house is transferred to their children, they can continue to live there until they are old. The free disposition of houses with the right of residence is restricted, and some legal obstacles may be encountered in the process of housing transactions, that is, although the transaction of the house can be registered as a real estate property right certificate, the new landlord cannot evict the owner of the right of residence who lives in accordance with the contract or in a testamentary manner. The lawyer warmly reminds everyone that in the future, when buying a second-hand house, in addition to the need to inquire about the ownership of the house, judicial seizure, the establishment of mortgages, etc., we should also pay attention to inquiring whether the house is registered with the right of residence.
09
Widowed daughter-in-law to take care of in-laws for 10 years, should she inherit the inheritance?
Case history: Grandpa Zhao and Grandma Zhang bought a marriage house when they got married, and gave birth to three children in the house, namely the eldest daughter Zhao Xiaoli, the second son Zhao Xiaogang, and the younger son Zhao Xiaotian. Due to family difficulties, the eldest daughter, Zhao Xiaoli, was passed on to her uncle when she was born. Although nominally passed on to his uncle, in fact he never stopped supporting his birth parents, Grandpa Zhao and Grandma Zhang. Frequent visits to birth parents.
Zhao Xiaotian and Ms. Li are husband and wife, and the two have a son Zhao Chao after marriage. As the second son in the family, Zhao Xiaotian has always lived with his parents. In 2008, Zhao Xiaotian died prematurely due to illness, when Ms. Li was 43 years old, her son was only 16 years old, and her in-laws were nearly seventy years old. Since then, Ms. Li has borne the burden of the family alone.
For seven years, in order to support her in-laws and support her son's schooling, she had to work two jobs a day, only rest for a few hours a day, wash her in-laws after night shifts, make meals for the next day, and take her sick in-laws to the hospital.
In 2016, Zhao Xiaotian's father died of illness. The mother still lives with Ms. Li's family, and her daughter-in-law, Ms. Li, takes care of her life. Ms. Li's mother-in-law has another son and a daughter. The husband's brother gives the old mother some living expenses every year, plus the in-laws' pension for daily expenses. During the period when the elderly suffered from Alzheimer's disease, the eldest sister and the second brother of the Zhao family also shared the cost of treatment for the elderly, and invited a professional nanny to take care of it, and often came to visit the elderly. In this way, Ms. Li lived in harmony with her deceased husband's family for ten years and lived with her mother-in-law for 10 years.
In 2021, Grandma Zhang's condition suddenly deteriorated and she passed away. After dealing with the old man's posthumous affairs, Ms. Li and her brother and sister insisted on their own words, and many discussions have not yielded results. I had no choice but to sue the court.
Reasons for shortlisting: With the increasingly severe aging trend in the mainland, the problem of support for the elderly is becoming more and more prominent, and the daughter-in-law and in-laws, the son-in-law and the in-laws are related by marriage, whether they are widowed or not, and have no inheritance rights to the in-laws or in-laws. However, in real life, some daughters-in-law or son-in-law continue to perform their main maintenance obligations to their in-laws or in-laws after they are widowed. In this regard, in the Civil Code, if the widowed daughter-in-law has fulfilled the main maintenance obligation, she can participate in the distribution of the in-laws' inheritance as the first heir. In view of this major change, it is also more in line with the common sense of people and protects the legitimate rights and interests of the parties to the greatest extent.
10
Parents have passed away, how can several children inherit their parents' property? Who should score more and who should give less?
Case history: Grandpa Liu and Grandma Wang have four children, the eldest daughter Liu Tian, the second son Liu Yang, the third daughter Liu Xin, and the younger son Liu Jun.
Liu Tian, because she was the first child in the family, suffered from childhood, and since the death of her father, she dropped out of school early to support her family, worked early, paid her salary on time, and took on the heavy responsibility of the family with her mother. For many years, he has been with his parents until Grandpa Liu and Grandma Wang passed away one after another. With the protection of his mother and sister, Liu Yang, Liu Xin, and Liu Jun grew up under the love of their children, and they did not suffer much since they were young, and their relationship with their parents has always been very good, and they often go home to visit their parents after work, and the younger son lives with his mother for a long time.
In 2012, due to the expansion of the unit, the bungalow where Grandma Wang and her young son lived was demolished and vacated. According to the regulations, Grandma Wang purchased a rented house. Soon, the youngest son, Liu Jun, as Grandma Wang's agent, signed two "Monetary Compensation Agreements for Residential House Demolition", and Liu Jun's family of three and Grandma Wang received millions of compensation as resettlementees. Then, the younger son, Liu Jun, took half of the compensation to buy a house No. 603 in Changping District, and continued to take Grandma Wang to live with her until Grandma Wang died.
After Grandma Wang's death, although she left some savings, pensions and funeral expenses, she did not leave a will. Among them, the deposit was also deposited by Grandma Wang in the hands of her second son, Liu Yang.
After Grandma Wang's death, the four brothers and sisters did not give in to each other and eventually sued the court.
Reasons for shortlisting: Nowadays, most of the inheritance cases are accompanied by the separation of family property, but how to confirm the share of each family member in the demolition and resettlement of the house has become the focus of contradictions. Through the case, the lawyer advises the majority of parties: When the dispute between family members occurs, all parties should have the correct mentality, have more understanding of each other, strengthen communication and exchanges, and properly resolve disputes between the two parties in line with the principle of putting family affection first.
Warm congratulations on the above cases shortlisted for the "2021 Top Ten Excellent Cases" selection list!
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