According to the official WeChat of Shanghai TV News Comprehensive Channel "News Square": Recently, a number of residents who live in Building 93, Lane 879, Huanlin East Road, Pudong New Area, reported to the "News Square" concentric service platform that in July last year, a lonely old man in room 301 died in the house, and was not discovered by neighbors until the smell came out. The uninherited house was initially used as a warehouse for the neighborhood committee, and later the property actually converted the house into a staff dormitory without authorization.
According to the video taken by the residents of the building, on the evening of November 11 this year, an unfamiliar face entered the old man's house.
Resident: Who are you, are you a homeowner?
Resident: No.
Resident: Then why do you want to live here?
Resident: We are the property company that we use as a dormitory.
After the death of a lonely old man
How can house keys end up in someone else's hands?
Ms. Wang, a resident, told reporters that in July last year, neighbors smelled a peculiar smell in the building, and later found out that the lonely elderly man in room 301 had passed away.
The reporter learned from the neighborhood committee that after receiving the news of the death of the lonely old man, they entrusted the property to remove the odor and garbage in the old man's house, and at this time, the neighborhood committee handed over the key to the property. After the clean-up, the house was empty, and the neighborhood committee used it as a warehouse to store some supplies.
Chen Yiwen, Secretary of the General Party Branch of the First Residential District of Xinyue: Because the old man died suddenly, there are still some daily necessities, food, and some smells inside the house, so we communicate with the property to remove the messy home and life traces inside, and give the property a key to clean up the garbage.
In November this year, the property proposed to convert the house into staff quarters. According to the property, the neighborhood committee also acquiesced to this.
However, after the keys were handed over, the use of the house seemed to be completely out of the control of the neighborhood committee.
Residents recalled that they found that during this year's National Day, someone had entered the house to renovate the old man's house.
Ms. Wang, a resident, said, "There was a sound of renovation after the 11th National Day, and at that time we went to ask the neighborhood committee why this house needed to be renovated? At that time, the feedback from the neighborhood committee was because the lonely old man died, so the interior of the house was relatively dirty and messy, and there was garbage, so they entrusted the property to clean and maintain the house, and the neighborhood committee wanted to use it to put some sundries in the future."
Residents have complained many times to no avail, but the property has come to persuade residents
Just over a month after the renovation, other residents of the building found out that someone had moved into the old man's house. In response to the residents' questions, the resident of the house claimed that he was the treasurer of the property company.
In addition, residents are concerned about the safety of strangers living in the building.
The neighbors passed these voices to the local neighborhood committee, and the neighborhood committee said that they also asked the property several times to ask for the house key, but at this time, the people could not drive away, and the keys did not come back, and the neighborhood committee and the neighbors fell into passivity.
Ms. Wang, a resident, believes that it is because there are people living in her home and using water that causes her home to leak. Moreover, the electricity and coal of the deceased old man have not been repaired, which is a great safety hazard.
Residents have complained to the neighborhood committee many times, hoping that the people in the house will move out, but nearly 2 months have passed, and the neighborhood committee will not return the house key. It was also discovered that new residents moved in last Friday (December 15).
In a face-to-face communication on December 18, the resident said that the property promised that he could live for a long time, so he renovated the house at his own expense of 30,000 yuan, and now he was suddenly notified to move out, which is really aggrieved. "We paid for the decoration ourselves, we all said we didn't want to decorate, they said there was nothing to decorate, and then we came to live and renovated. ”
However, it is not yet possible to verify whether the resident is a so-called "property employee".
Ms. Wang, a resident, said, "The neighborhood committee repeatedly assured us that they would move out, but no one gave us an exact time point from beginning to end to say when they would move out." ”
Under the continuous complaints, the residents did not wait for the residents to move out, but the property manager came to the door again and again to do everyone's ideological work.
The property hopes that the residents can be accommodating, "I think the corridor wants to be 'popular', so there is just this resource, I told the secretary, we will decorate the large room and hall, and now it costs 30,000 yuan, and we also said it to the street." ”
The attitude of the neighborhood committee on this matter is also ambiguous, not only telling the residents to ask for the keys from the property, but also explaining to the residents how difficult it was for the property to help the old man when he died.
The staff of the neighborhood committee said, "When the old man passed away at home, the property also contributed money and helped a lot, and there may have been some expenses before, and the property has taken care of them, so it must be for their employees or who lives here." The employee also renovated herself, and now she can't live in it, and if she moves out, she will definitely be unhappy about the renovation cost. ”
Whether the property has the right to use
The house left behind by the lonely old man after his death?
The owner questioned that the house belonged to the elderly, and after the old man passed away, did the neighborhood committee, street, and property have the right to dispose of the right to use the house without authorization?
This morning, the reporter found the secretary of the neighborhood committee of the community to understand the situation, and the other party said that there was a female lonely old man living in Room 301, and the property was indeed owned by him. Due to the sudden death of the old man, the posthumous affairs were also handled by the neighborhood committee, and the situation of the lonely old man and the attributes of the house were also reported to the street at that time.
Chen Yiwen, secretary of the general party branch of the first residential area of the new moon, told reporters, "Gu Lao was born in 1948, we entrusted Gu Lao's original local police station, check the files and original household records, she has no brothers and sisters, nor married and children, her parents also passed away in the 80s and 90s, and there are no relatives and friends, the house is her personal property right." ”
After the reporter came to investigate, the property manager of the community told the reporter that they had taken care of the employee to move out today, and the house key had been returned to the neighborhood committee, and there would be no more people living in the future.
The manager of the property complex admitted that the house was occupied by the property staff for a short period of time and did not pay for it. "We didn't expect it to be so serious. ”
Regarding this matter, the person in charge of the local street service office said that they were aware of the matter for the first time, and the next step would be to promote the relevant legal procedures, but they also had a lot of confusion in the specific operation.
People in the legal profession pointed out that in this case, neither the neighborhood committee nor the property has the right to manage and dispose of the property, and it should be disposed of by the civil affairs department. The unauthorized use of lonely and elderly real estate that has occurred shall be held accountable.
Yang Zouhua, chief lawyer of Shanghai Shendao Law Firm: The correct path should be reported to the neighborhood committee to the street, and the street should be reported to the civil affairs bureau, and the civil affairs bureau should come forward to become the estate administrator of the house.
According to Article 1123 of the Civil Code of the People's Republic of China
After the death of the lonely old man
If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest;
If there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement;
Inheritances that are inherited and donated by no one are owned by the state and used for public welfare.
The lawyer pointed out that after the official implementation of the Civil Code in 2021, there is still a lack of a complete system and starting point for the estate management procedures of the property after the death of the orphaned and elderly. "The court has not yet decided how to appoint the administrator and who will ultimately initiate the administration of the estate. ”
The lawyer believes that with the deepening of the country's aging population and the decline in fertility rate, there is a high probability that such problems will arise more and more. "Because of the lack of the whole process, there is a high risk that the ownerless house will be improperly occupied by other third parties in the future. ”
At the same time, the lawyer also called on the estate administrator in 2024 to promote the development of the relevant system as soon as possible, and at the same time, there must be a complete process.