Recently, there was a family dispute involving a person released from prison in the jurisdiction of Quyang Road Street, and the Quyang Road Judicial Office immediately launched the "three linkage" working mechanism, went all out to resolve the dispute, and promptly cleared a potential risk that may escalate.
01
A promise from more than twenty years ago
Just after the Lunar New Year, Hua, a person released from prison, and his family came to the Quyang Road Judicial Office for help, saying that their property rights had been occupied by their sister-in-law and their families for a long time, so that they could only temporarily live in their second brother's house after being released from prison.
How could the house belonging to Hua be inhabited by the sister-in-law's family for a long time?
After a preliminary visit by the staff of the judicial office, it turned out to be traced back to a family agreement more than 20 years ago. The house was purchased by Hua and his parents, and at that time, the policy required that it could only be registered in the name of one person, and Hua's parents chose to register the house in Hua's name. In 1997, the eldest brother, as a young man who returned to Shanghai, wanted to seek refuge with Hua, who was serving a sentence in a prison at the time, and the second brother went to the prison to obtain Hua's consent and obtain a written confirmation. As a result, since that year, the household registration of Hua's eldest brother and his wife Qin has been registered in the name of the house, and since the death of Hua's eldest brother in 2013, his wife, daughter and grandson still live in the house.
Hua had just been released from prison and had no financial resources, so he wanted to sell his real estate to cash out, but his sister-in-law Qin refused to move out on the grounds of financial difficulties, and the conflict escalated and the conflict was about to erupt.
02
Years of estrangement have become ice,
Can the "linkage of the three institutes" be resolved?
After understanding the basic facts of the case, the Quyang Road Judicial Office, together with the police station, law firm, and neighborhood committee, carried out mediation work many times through "face-to-face" and "back-to-back" methods, listened to the demands of both parties, and clarified the legal relationship.
During the first mediation, the two parties were very emotional, and the atmosphere could be called tense, and when Hua's reasonable demand for Qin to return the house was rejected, he shouted loudly: "Believe it or not, I will throw you out with people and things!" In order to prevent the conflict from intensifying, the staff of the "three institutes" decided to "break each one", and after calming the emotions of both parties, they communicated with the parties on the core demands in depth.
After patiently explaining the law and reasoning, the staff learned that Qin was willing to move out of the hukou and move to affordable housing in a certain district, but Qin's grandson was studying in junior high school, and now the school status of the moving child could not be transferred with it, and it was hoped that Hua would let the child finish junior high school here. Hua said that he was financially difficult, and he had been living in his second brother's house since he was released from prison, and he really couldn't wait for two years.
There was a direct contradiction between the demands of the two sides, and the mediation reached an impasse for a time. At the critical moment, the Quyang Road Judicial Office and the police station contacted the relevant functional departments of a district as soon as possible, informed them of all the reasons for the matter, and continued to communicate and coordinate, and finally transferred the child's school status to the district in early March, which solved Qin's biggest problem.
03
Sincerely resolve disputes for the people,
can finally "turn hostility into jade"
The biggest concern was solved with the help of the "three institutes", Qin did not hesitate to sign the mediation agreement, and the next day moved his household registration into an affordable housing in a certain district. Hua also reflected that he should not have said cruel things to his sister-in-law on impulse, he was ashamed of his late eldest brother, and hoped to contribute to his sister-in-law's move. So, on the day of the sister-in-law's move, Hua and the staff of the judicial office came to assist Qin in moving, and walked through the "last mile" of the mediation work. So far, a family dispute involving the placement of helpers and educators has been successfully resolved.
Second, the law express
Civil Code of the People's Republic of China
Article 209:The creation, alteration, transfer, and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.
Article 240:Owners enjoy the right to possess, use, benefit from, and dispose of their immovable or movable property in accordance with law.
Reporter: Lu Qiang
Photo: Hongkou District Bureau of Justice
Source: Shanghai Hongkou