They all say, "The little son, the eldest grandson, the old lady's lifeblood." Feng Menglong's "Yu Shi Mingyan" once contained such an article "Teng Dayin Ghost Breaks Furniture", which tells the story of Xianghe Taishou Ni Shouqian's eighty sons, burying gold and land to divide family property. In the story, Ni Taishou saw that the younger son was happy and lovely, and the eldest son had a bad heart, and deliberately made a will before he died, leaving the old mansion to the eldest son on the surface, but secretly placing the land in the deserted countryside, burying the gold house, and passing on everyone's karma to the younger son.
Ni Taishou favored his young son when dividing up the family property, because it was not easy for the concubine Mei Shi to raise the young son alone, and he was afraid that the concubine would bully this pair of orphans and widows, which could still be regarded as forgivable. In reality, some elderly people are too eccentric when dividing up their family property. An old lady in Shanghai staged a farce when she divided the property for women.
The old woman's surname is Wang, a native of Shanghai, and has a son and two daughters under her knees. Due to the early death of her husband, Mrs. Wang raised these three children almost alone. Obviously, the three children and Mrs. Wang all have deep feelings, and after Mrs. Wang is getting older, there is no act of abandoning her mother. Time flew by quickly, and in the blink of an eye, Mrs. Wang was already 85 years old, and she thought that she was not confused and set the real estate that she would share in a hundred years as soon as possible.
The old woman can bring three children to start a family on her own, and she is also a stubborn and strong character who does what she says. With the idea of making a will, he immediately took action. However, the division of this house is somewhat incomprehensible. The old woman's second daughter, Chen Liang, even felt that her mother had failed her care for so many years.
What's going on? It turned out that Mrs. Wang had two suites. One is the public house where the current residence is located, and this house has the names of the eldest son and the second daughter on the property deed because the second daughter paid for it at the time of purchase. Therefore, when dividing the house, the old woman gave the three children in the ratio of 4:3:3, the eldest son Chen Jun was divided into 40%, and the rest was divided by the two daughters Chen Liang and Chen Li.
For the division of this public house, the three children have no opinion, but for the ownership of the other house, Chen Jun and Chen Liang are somewhat unhappy. Mrs. Wang actually carried Chen Jun and Chen Liang on her back, and without the knowledge of the two, quietly transferred the idle demolition house under her name to her youngest daughter Chen Li. And Chen Li did not dispute Mrs. Wang's favoritism, but said that how her mother arranged it, she would do it herself.
Since the reform and opening up, there have been various legends of "demolition and relocation of upstarts". In big cities, the idea that demolition is to get rich has long been deeply rooted in the hearts of the people, not to mention Shanghai, where every inch of land is scarce, and the compensation for a set of demolition houses is often seven figures, or even eight figures. Such a huge sum of money, Mrs. Wang did not leave all the money to her youngest daughter Chen Li, and it is no wonder that Chen Jun and Chen Liang were dissatisfied.
Chen Jun just felt that it was a little unfair for her mother to do this, but after all, her mother had paid a lot to raise them, and she had her own ideas, and those who were sons could not fight with their mothers. In addition, he is a big man who has already established a family, and he is not embarrassed to fight with his little sister for real estate, so he only persuades his mother a few words.
But the second daughter Chen Liang felt that this matter could not be gently let go. Originally, when Chen Jun and Chen Liang formed their own families, the old lady only had a little meaning, but when Chen Li got married, the old lady did not hesitate and gave everything that should be given to the younger daughter. Therefore, Chen Li's family life has almost no difficulties, but Chen Liang is different.
After Chen Liang got married, she and her husband gave birth to a lovely son. Unexpectedly, when the child was just five years old, her husband left forever due to an accident. Chen Liang single-handedly pulled the child up, and just when she used the child as a sustenance for life and spirit, the 11-year-old child also unfortunately died. First the widow, and then the loss of the son, Chen Liang was devastated, and for a long time, her spirit was very low.
After getting out of the pain of losing her son, Chen Liang did not have the idea of remarrying, so she lived with her elderly mother and took care of her diet and living. Although the eldest brother and the little sister will come back to visit their mothers in due course and fulfill their obligations to support the elderly, the work of caring for the elderly is mainly carried by Chen Liang. Her own dedication but in exchange for the mother's differential treatment, so that the old lady's eccentricity naturally became a thorn in Chen Liang's chest, and she was excited and shed tears in front of the old lady many times.
After repeatedly persuading their mothers to no avail, Chen Liang and Chen Jun also tried to find someone to mediate, hoping that the old woman could level the bowl of water. After all, the palms of the hands and the backs of the hands are all meat, all are family, because of a house, the three brothers and sisters have a gap, it is inevitable that it is too cruel. However, Mrs. Wang's reply made Chen Liang and Chen Jun feel a little unreasonable. Mrs. Wang actually said in front of others that the house was her own, even if she pointed a gun at her, she would have to share it!
In desperation, the Chen brothers and sisters had to find a lawyer for consultation. It is learned that Article 1127 of the Civil Code of the People's Republic of China stipulates that inheritance shall be inherited in the following order:
(1) The first order: spouse, children, parents;
(2) Second order: siblings, grandparents, maternal grandparents.
After the inheritance begins, it is inherited by the heirs of the first order, and the heirs of the second order do not inherit; If there is no heir of the first order, the heir of the second order will inherit.
Furthermore, Article 1130 of the Civil Code stipulates that the share of inheritance inherited by heirs in the same order shall generally be equal.
Heirs who have special difficulties in life and lack the ability to work shall be taken care of when distributing the inheritance. Heirs who have fulfilled the main maintenance obligation of the heir or live with the heir may be divided in the distribution of the inheritance. Heirs who have the ability to support and the conditions for support, and who do not fulfill the obligation of support, shall not divide or subtract from the inheritance when distributing the estate. If the heirs agree through consultation, they may also be unequal.
That is to say, the three brothers and sisters of the Chen family all have the right to inherit the property of Mrs. Wang, and they belong to the same order of heirs. Under normal circumstances, if Mrs. Wang dies without making a will, the two properties will be divided equally among the three people. Even if it is not equally distributed, the law is more inclined to support chen liang, the second daughter who has no family and lives alone.
However, Mrs. Wang has a strong attitude and a clear line of thinking when distributing property, and there is no situation of coercion, so she belongs to a person with full capacity for civil conduct. In this case, in accordance with Article 1123 of the Civil Code, after the inheritance begins, it shall be handled in accordance with the legal succession; if there is a will, it shall be handled in accordance with the will or bequest; if there is a bequest maintenance agreement, it shall be handled in accordance with the agreement.
That is to say, as the personal property of Mrs. Wang, the demolition house should be inherited according to Mrs. Wang's will, and if Mrs. Wang had to leave all the house to her younger daughter Chen Li, Chen Jun and Chen Liang would have no choice.
Fortunately, after the popularization of the lawyer's legal knowledge and several rounds of persuasion, Mrs. Wang's attitude finally softened, and finally agreed to distribute this demolition house to Chen Jun, Chen Liang and Chen Li in a 4:3:3 ratio. This dispute over real estate also ended in a relatively peaceful way. Fortunately, Mrs. Wang was not really tough enough to be unkind, and as to whether there would be a gap between the three brothers and sisters of the Chen family, and whether the family could return to the previous harmony in the future, we did not know.