Is it reasonable that the house bought in the name of the parents should be inherited by other siblings?

The public housing of the father's tenant is purchased by the younger daughter separately, because it can only be purchased by the lessee, so the public housing has always been registered in the father's name. After repeated transfers were blocked, the father made a will indicating that the house was inherited by the younger daughter. However, after the death of the father, when the younger daughter went through the formal transfer, other brothers and sisters raised objections, who should belong to this house?

Case Introduction: Disputes arising from the transfer of a house in the name of the father

A no. 100 public housing in Mr. Wang's rented unit is occupied by his youngest daughter, Wang Fang. In 1993, when the house was renovated, Mr. Wang said that whoever bought this public house would belong to whomever bought it. Wang Fang's two older brothers and sisters could not afford to buy, and finally Wang Fang bought it. Because it could only be purchased by the tenant at that time, the house was registered in Mr. Wang's name after it came down.

In 1997, Mr. Wang's wife and children died.

In 1999, Wang Fang moved to the house of the unit and rented out Room 100.

In 2000, Wang Fang's father-in-law fell ill and was hospitalized, and because No. 100 was close to the hospital, the eldest brother borrowed No. 100 for a period of time. At that time, Mr. Wang wrote a note: Room 100 actually belonged to Wang Fang, and when he could transfer the property, he transferred it to Wang Fang.

In 2004, Big Brother returned House 100. Mr. Wang was ready to transfer the house to Wang Fang, but the house was still not allowed to be listed for trading. So Mr. Wang made a will: Room 100 was inherited by Wang Fang.

At the beginning of 2015, Mr. Wang passed away, and Wang Fang took out a notarized will, hoping that her brother and sister would handle the transfer. The second brother objected, saying that the share belonging to Mr. Wang was inherited by Wang Fang, but the share belonging to the old lady should be inherited by the four brothers and sisters. Helplessly, Wang Fang consulted a lawyer to ask for help.

Lawyer's interpretation: There are notarized wills that are not treated according to inheritance

The lawyer said: After reviewing the relevant information, he believes that Wang Fang and Mr. Wang have formed a legal relationship of buying a house in a borrowed name.

The purchase contract, tax payment certificate, etc. of House 100 are held by Wang Fang, and the house has been actually occupied, used and disposed of by Wang Fang since its purchase. Although the house has always been registered in Mr. Wang's name, the actual person is Wang Fang, and the two sides have formed a legal relationship to buy a house in a borrowed name.

In 2000, Mr. Wang wrote a note that there was a legal relationship between Mr. Wang and Wang Fang to buy a house in a borrowed name, and because it could not be transferred temporarily, Wang Fang went through the transfer formalities when he could transfer the property. In 2004, because he was still unable to go through the transfer procedures, Mr. Wang made a notarized will, also in order to fulfill his obligation to transfer Wang Fang.

Although Mr. Wang has a notarized will, it should not be treated as an inheritance. The property is actually Wang Fang's property, not Mr. Wang's property, and after Mr. Wang's death, it does not belong to his estate and should not be treated as an estate.

The court ruled: The purchase of a house in the name of borrowing is established, and the other three children perform their contractual obligations

Entrusted by Wang Fang, the lawyer sued the court with a contract dispute, requiring Wang Fang's brother and sister to handle the formalities for the transfer of room 100; the second brother sued Wang Fang and three others to the court with an inheritance dispute, demanding that Mr. Wang's estate be divided into room 100 according to law.

Wang Fang's lawyer submitted Mr. Wang's explanation, notarized will and the relevant procedures for Wang Fang's purchase of the house to the judge who tried the inheritance case, and the certificate of actual possession and use of the house from the purchase of the house to the present proved that there was a legal relationship between the two parties to buy the house in the name of the borrower, and there was a dispute over whether the house belonged to Mr. Wang's estate, and it had been sued to the court.

The judge hearing the inheritance case believed that the trial of the inheritance case should be based on the judgment of the contract dispute case, so the inheritance case was suspended.

In the case of a dispute over the contract for buying a house in a borrowed name, Wang Fang's lawyer provided relevant evidentiary materials, and Wang Fang's eldest brother and sister both recognized that the house did indeed belong to Wang Fang. The second brother did not approve of Mr. Wang's explanation, but did not propose an appraisal.

In addition, the second brother believes that the loan name is invalid without the consent of his mother. Wang Fang's lawyer said that buying a house in a borrowed name is a contractual relationship, and if the borrowed name is established, the house does not belong to Mr. Wang's real estate, let alone the marital property of his husband and wife, so the agreement to buy a house in a borrowed name does not require the consent of his mother.

In the end, the court held that Wang Fang and her father, Mr. Wang, had formed a contractual relationship to buy a house in a borrowed name, and the other three children, as heirs, should perform their contractual obligations, and ordered Mr. Wang Fang's three children, Wang Fang, to handle the transfer procedures for House No. 100.

Tips: There must be a written agreement or formal instructions to buy a house in a borrowed name

The lawyer pointed out that because some units only allowed the original tenant to buy it during the housing reform, or used the seniors' working years to give more preferential treatment, it was not uncommon to buy public housing in the name of borrowing.

Usually, when buying a house in a borrowed name is between relatives, there is no written agreement, and when determining whether there is a legal relationship to buy a house in a borrowed name, it is more difficult to buy in the name of the parents than to buy in the name of other relatives.

Children who buy houses for their parents are usually considered to be gifts or loans, and they cannot be simply identified as buying houses in a borrowed name just because the children have funded the purchase of a house for their parents.

Therefore, when determining whether a legal relationship between the child and the parents to buy a house by borrowing a name is formed, it is usually necessary to have a written agreement, and even if there is no written agreement, it must be like the explanation written by Mr. Wang in this case to prove that the two parties did indeed have the fact of buying a house in the name of the borrower. Otherwise, it is only the children who occupy and use the parents' house for a long time, and it is more difficult to think that it is difficult to buy a house in a borrowed name.

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