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Every family has a scripture that is difficult to read? Inheritance is a real headache!
Not long ago, the Fushun County Court in Zigong City, Sichuan Province experienced a dispute between uncles and nephews that can be called a "brotherly wall". This matter is exciting enough, not to mention anything else, the amount involved alone is as high as one million yuan! Moreover, the focus of the case is closely related to the legal concept of subrogation. It can really be said that it opens a big vision for everyone to observe heritage cases.
So what's going on? Don't worry, read on!
Billions of legacy? There are many mysteries to be solved
In the calm morning, Sun was eating breakfast at home as usual. Unexpectedly, there was a sharp knock on the door, which startled him and knocked the spoon in his hand to the ground.
Opening the door, a distant relative told him excitedly, "I heard that your grandmother left a large inheritance before she died, and there are millions of villas and hundreds of thousands of deposits!" At present, it is all occupied by your uncle Wang, but you have to hurry up and ask for it back!"
A million-dollar legacy? Sun was taken aback! As a grandson, I had never heard of such a thing. You must know that since the death of his parents, he has been barely living on a meager income. If he really had such a large sum of money, it could completely change his life!
After hesitating, Sun finally decided to find out. He found his uncle Wang, hoping to get a share of his own part of the inheritance.
Who knows, Wang not only denied Sun's statement, but also directly and categorically rejected his request. Faced with his uncle's attitude, Sun was very angry and immediately decided to take him to court and ask for the division of the estate through legal channels. In this way, a high-profile inheritance lawsuit officially kicked off. What is the sincerity of the two sides, and who will have the upper hand? It all depends on the final mediation result of the court.
Is family affection inseparable? Where do the divergent interests go?
In court, Sun claimed that he had the right to inherit the real estate and savings left by his late grandmother in accordance with the law, on the grounds that his biological mother had died before his grandmother, and according to the principle of subrogation, he could inherit the estate on behalf of his late mother.
He questioned his uncle's insistence on monopolizing and insisting on not sharing with him, which was really chilling and disgusting.
However, his uncle Wang flatly denied that his grandmother had a large amount of bank deposits, and only admitted that the property was indeed in his hands. He still seems to have family expectations, hoping to resolve differences with brotherly affection and rebuild the old friendship with his grandchildren.
It is true that inheritance disputes often turn into conflicts between relatives. However, if the two sides are unable to hold each other and fight each other, I am afraid that they will inevitably lose both sides and turn against each other. In this regard, the presiding judge made sincere persuasion in court. She said that no matter how valuable the inheritance is, it will not be able to repair the rift in family affection. It is human nature to cherish the love of brotherhood. She hopes that the two sides can start from the overall situation, resolve differences in a reasonable way, and regain family ties.
The words are still in my ears, and the warmth and rationality in the judge's words seem to have moved both sides. Eventually, they all expressed their intention to mediate, and the dispute slowly moved in a gratifying direction.
Investigate and collect evidence to verify the truth The law settles disputes
In the face of Sun's accusation that his grandmother had more than 700,000 yuan in savings that was monopolized by his uncle, the judge realized that this may be the key to whether the case can be successfully mediated. In order to restore the truth, the judge acted quickly.
After carefully reviewing the application for investigation and evidence collection submitted by Sun's lawyer, the court finally issued five lawyer's investigation orders, requiring a comprehensive inquiry into the bank account flow clues before and after Sun's grandmother's death. This investigation completely lifted the veil of mystery. The results showed that Sun's statement that his grandmother had a large amount of bank deposits was not true. And the uncle's words at the beginning are in line with the facts.
Once Sun's most tangled doubts were resolved, the case cleared a major obstacle to mediation. After that, the judge again communicated with the parties on the mediation opinions put forward by the agent ad litem, and finally resolved the estrangement between them.
What's even more unexpected is that during the whole litigation process, after learning that his nephew was financially constrained, his uncle Wang took the initiative to lend him 30,000 yuan to help him overcome the difficulties, and the relationship between the two was initially repaired. The judge who saw this scene couldn't help but sigh that the family bond that blood is thicker than water is still very tenacious even in the face of conflicts of interest. As long as you repair with heart and treat each other with sincerity, you can always regain the sincere warmth of human nature.
Mediation adjudication, power and responsibility intersect, and a harmonious marriage is created
After many explanations, the two sides finally reached the stage of reconciliation. In accordance with the relevant provisions of the Civil Code of the People's Republic of China, the judges made targeted mediation rulings for them:
First, the property left by Sun's grandmother is owned by his uncle Wang, and Sun has the responsibility to assist in the relevant transfer procedures. This judgment is a good solution to the dispute over the ownership of the property. The second is that the uncle Wang needs to pay 150,000 yuan to Sun as the inheritance division fee. Although this money is not too much, for Sun, who is still struggling financially, it is a timely rain ordered by the sky.
It is not difficult to see that the judge's adjudication method has been consistent with the purpose, which not only affirms the family love between relatives, but also ensures that Sun receives economic benefit compensation within a reasonable range, which can be called once and for all.
Sure enough, both parties agreed to the mediation result. It was agreed that he won this long-running lawsuit.
A week later, when the judge visited back, he learned that the case had been fully executed, and the contradictions between the two sides had been completely eliminated. From the initial mutual disagreement to the final calmness, the two uncles and nephews who once opposed each other can be regarded as regaining their family ties and harvesting a reconciliation marriage worth recording.
Among them, the judge's proper and impartial mediation undoubtedly contributed to this. Mediation requires judges not only to have an accurate grasp of legal principles, but also to have excellent emotional analysis and affinity. In this case, the judge skillfully used the facilitation mediation method, first encouraging the parties to abandon the problem and understand each other; Then, through investigation and evidence collection, the truth was restored to eliminate the doubts between the two parties; Finally, based on the legal provisions and the specific circumstances of the case, a balanced and favorable mediation award is made for all parties.
Throughout the process, the judge always adhered to the three principles of equality, mutual benefit and respect, never condescending or aggressive, and resolved the contradictions and entanglements between the two parties in a warm and friendly way, and finally contributed to the success of the mediation. This way of convincing people with virtue not only demonstrates the humanistic care of the law, but also reflects the far-reaching influence of the concept of socialist rule of law.
To tell the truth, in real life, there are still many people who do not have a thorough understanding of the legal knowledge of inheritance, and even have some vague cognitions and conceptual deviations. For example, some people believe that grandchildren have no right to inherit their grandparents' inheritance. There are also people who confuse the legal order of succession, confusing concepts such as succession by prime and subrogation; There are also people who are also ignorant of the systems of testamentary succession and divided inheritance......
As this case demonstrates, as long as we carefully study the relevant legal provisions and understand the specific rules of the inheritance system, it is not difficult to find that its intention is very humane and reasonable. For example, for grandchildren, in the special case of early death of parents, it is completely possible to obtain the inheritance of the maternal grandparents' generation through "subrogation".
This kind of right design is undoubtedly the law's humanistic concern for vulnerable groups, which is conducive to maintaining fairness and justice and promoting family harmony. Of course, subrogation is also limited to inheriting the part of the inheritance that the subrogated person should inherit, and cannot be overly expanded.
On the other hand, through this case, we can also see that although the amount of inheritance may be as high as millions or tens of millions, it is ultimately limited material wealth. Once family members turn against each other and family ties break down, the loss may be even more valuable spiritual wealth. Therefore, when dealing with inheritance disputes, we should first have a tolerant mentality, resolve conflicts with reason and goodwill, and should not blindly insist on ourselves.
The court successfully resolved the conflict and dispute through mediation, which not only protected the legitimate rights and interests of the parties, but more importantly, maintained the family bond and transmitted a positive energy. Of course, we really applaud that! But at the same time, it is also necessary to reflect on how many similar inheritance disputes have been pending in real life. Is it not uncommon for relatives to turn against each other over money? Do we still need to further enhance the awareness of the rule of law in the whole society, use the concept of the rule of law to resolve contradictions and disputes, and jointly maintain family harmony?
People with lofty ideals have a lot to do. It is hoped that more people will move forward on this path, so that the rule of law can truly become a way of life and a philosophy of life.
Message area at the end of the article:
Dear readers, have you ever encountered similar family disputes? How did you resolve it? Or what other thoughts and experiences do you have on this case? Welcome to share your thoughts in the message area, and we will exchange and discuss together! #男子状告舅舅, to share the "million inheritance" of the grandmother on behalf of the deceased mother, the court mediation results are released#