The property rights are given to the son and a will is made to the nanny, who owns the house

Sanxiang Metropolis Daily, October 26, the mother passed away, the son Mr. Wang hired the nanny Ms. Ding to take care of the father who was not in good health, less than a year the nanny became a stepmother. Shortly after remarriage, the father transferred the only property to his son and made a will to leave the property to his second wife. The old man died, and the son sued his stepmother in court.

Recently, the China Judgment Documents Network published the judgment of the case, and the People's Court of Lengshuitan District of Yongzhou City upheld Mr. Wang's litigation request and ordered Ms. Ding to move out of the house involved in the case within a time limit.

The nanny becomes a stepmother, triggering a property lawsuit

Mr. Wang is in his forties this year, and more than 20 years ago, his parents bought a two-bedroom house to live in. In 2003, when his mother passed away, Mr. Wang's brothers discussed and hired a nanny, Ms. Ding, to take care of her father. No one expected that a few months after the nanny came to the house, his father would marry him with a license.

Mr. Wang's brothers were shocked, but soon after his father remarried, he signed a real estate sale contract with himself, gave him the property, and went through the transfer procedures, and Mr. Wang got the house title certificate.

For more than ten years, Mr. Wang's father suffered a stroke and was paralyzed in bed, and Ms. Ding has been taking care of his companionship. In August 2020, her father passed away, her stepmother still lived in the house, Mr. Wang repeatedly asked her to move away but was rejected, and Ms. Ding also took out two wills to prove that the house belonged to her. The earlier of the two wills was made in March 2015, and the will stated that the house involved in the case was half of Mr. Wang and Ms. Ding. The will was also notarized at the notary office, and the notarization mentioned that the title certificate of the house had been lost. Less than a month later, Mr. Wang's father made another will, saying that all the property rights of the houses involved in the case were inherited by Ms. Ding.

The house was transferred to himself shortly after his father remarried, so why did he have a will? He sued his stepmother to the Yongzhou Lengshuitan District People's Court, asking the court to order Ms. Ding to move away.

The court ruled that the stepmother should move out of the house involved within a time limit

Ms. Ding argued that Mr. Wang's father was paralyzed in bed for many years before his death, unable to take care of himself, and she took care of her alone, and the two stepsons did not contribute money. The two sons had a very good relationship, and Mr. Wang's father made a will twice in order to let her have a safe place in the future. Mr. Wang's father stressed many times before his death that the real estate deed was lost and there was no transfer.

The court held that the case was a dispute over the return of the property. If the property of the property owner is not possessed by another person, the property owner has the right to request the return of the original property, so that the property is returned to the de facto control of the property owner. The subject matter involved in this case is immovable property, and the establishment, modification, transfer and extinction of the right in immovable property shall take effect after registration in accordance with law;

Mr. Wang has submitted a certificate of ownership of the house, proving that he is the obligee recorded in the real property ownership certificate and enjoys the right to possess, use, benefit and dispose of the house involved in the case in accordance with the law. After Mr. Wang obtained the ownership of the house involved in the case, his father no longer had the property right to the house involved in the case, nor did he have the right to set up a will for distribution. Therefore, Ms. Ding did not have the right to obtain property rights through a will, and her possession of the house involved in the case was not entitled to possession. Mr. Wang has the right to exercise the right to claim the return of the original property and requires Ms. Ding to move out of the house involved in the case.

Based on this, the court ordered Ms. Ding to move out of the house involved in the case within a time limit.

■ All-media reporter Yu Can

Source: Sanxiang Metropolis Daily