Case introduction:
Zhang Chen and Wang Mengjiao are husband and wife, and they remarried. After marriage, they gave birth to Zhang 17. Zhang Chen and his ex-wife gave birth to Zhang 18 and Zhang 4. Wang Mengjiao and her ex-husband gave birth to Zhang San, Zhang San Primary School 1. 1June 22, 999, Zhang Chen passed away. On July 2, 20 10, Zhang 17 died, and Zhang 5 was the son of Zhang 17. 20 1 1, Zhang 18 died, Zhang 6, Zhang 7, Zhang 8, Zhang 9, Zhang 13, Zhang 10, Zhang1,Zhang. 1On October 20th, Wang Mengjiao passed away. , Zhang 3, Zhang 4, Zhang 5, Xiao, Zhang 6, Zhang 7, Zhang 8, Zhang 9, Zhang 13, Zhang 10, Zhang1,Zhang 12, Zhang/kloc-
On June 8, 2000, 165438+ Wang Mengjiao, as the buyer, signed the Purchase and Sales Contract for Public Housing with a certain unit. Both parties agree that Party A will sell the disputed house to Wang Mengjiao at the price of 10700 yuan, and the price is 1485 yuan/building square meter; The length of service shall be based on the length of service of the husband and wife before the establishment of provident fund (excluding the year when the provident fund was resumed in June 1), and the length of service shall be calculated to 1999 for the on-the-job employees who have not established provident fund, and to the retirement year for the retired employees (excluding the retirement year in June1); The purchase date determined in this contract is 165438+20001October 8.
On April 9, 2004, the disputed house was registered in the name of Wang Mengjiao. In 2005, the unit issued a receipt, which stated that Wang Mengjiao paid the housing reform fund, maintenance fund and taxes, totaling 1 10000 yuan.
On July 28th, 20 13, Wang Mengjiao made a will, which read: "I, Wang Mengjiao, my husband Zhang Chen, passed away on June 22nd, 1999. We gave birth to four children, Zhang 3, Zhang 3 and Zhang 17. After Zhang Chen died, I bought the disputed house, which was my personal property. I have decided to leave the disputed house to my son Zhang 3 and his wife Xiao 1*** after my death. That's what I really mean. I'm not intimidated. Here is my signature. "
On September 28, 2065438, Beijing Chang 'an Notary Office issued a notarial certificate, which stated: "This is to certify that Wang Mengjiao came to our office on August 28, 20 1 3, signed the previous will in front of notary and notary assistant Zhu Lei, and said that he knew the legal significance and legal consequences of the will."
2065438+February 2005, Zhang Peng and Zhang Sheng sued other heirs to the court, demanding that the court decide to divide the disputed house according to legal inheritance, and demanding that other estates in Wang Mengjiao be divided according to law.
Trial process:
During the trial, the court found that the balance of Wang Mengjiao's bank account in Zhanggong before his death, that is, 201kloc-0/65438+1October 20th, was 45,000 yuan. The account shows that 46,000 yuan was withdrawn on 20 1 13/October 24th, and Zhang's son-in-law Yuan 1 claimed that the money had been withdrawn. Because Zhang Peng was in charge of funeral affairs in the early period after Wang Mengjiao's death, he took out the money and gave it to Zhang Peng. It said that it had not received the 46,000 yuan paid by Yuan 1. The account shows that 102000 yuan was withdrawn on February 3, 1965, and 1490 yuan was withdrawn on September 2, 1965. Zhang Sheng recognized that the two money were taken out by him for paying rent and seeing a doctor.
Zhang Peng and Zhang Sheng submitted a copy of Wang Mengjiao Notice 20 12-20 14 stamped with the official seal of the human resources department of a certain group. The material shows that the actual total income of Wang Mengjiao from 20 12 to 20 14 is 232,000 yuan. , Zhang 3, Zhang 5, Primary 1, Zhang 6, Zhang 7, Zhang 8, Zhang 9, Zhang 13, Zhang 10, Zhang1,Zhang 12, Zhang Zhang 3, Zhang 4, Zhang 5 and primary school 1 all recognized Zhang 18 as a dependent stepson.
Test results:
After hearing the case, the Dongcheng District People's Court of Beijing decided:
First, advocate that the house belongs to Zhang. The effect is 1*** with * *, Zhang Peng, Zhang 4, Zhang 5, Zhang 6, Zhang 7, Zhang 8, Zhang 9, Zhang 13, Zhang 10, Zhang 165438+.
2. Pay compensation of 26,000 yuan to Zhang 3 and Zhang 4 respectively within seven days after the judgment takes effect, and pay compensation to Zhang 6, Zhang 7, Zhang 8, Zhang 9, Zhang 13, Zhang 10, Zhang1,Zhang/kloc within seven days after the judgment takes effect.
After the judgment of the first instance, Zhang Peng and Zhang Sheng refused to accept the judgment of the first instance and appealed to the Beijing No.2 Intermediate People's Court. After trial, the Municipal Second Intermediate People's Court ruled that:
Reject the appeal and uphold the original judgment.
Comment on the case of Jin Shuang, a real estate lawyer;
Jin Shuangquan, a real estate lawyer, believes that inheritance is the personal legal property left by citizens when they die. After the beginning of inheritance, it shall be handled in accordance with legal inheritance. If there is a will, it shall be inherited or bequeathed according to the will. If the decedent's children died before the decedent, subrogation inheritance, the decedent's children. Generally, subrogation inheritance people can only inherit the share of the inheritance that their father or mother has the right to inherit.
According to the specific circumstances of this case, Lawyer Jin Shuangquan analyzed as follows:
First, on the issue of heirs. Zhang 3, Zhang, Zhang 17 are all born children. After Wang Mengjiao's death, the above-mentioned people are the first heirs. Is Zhang 18 and Zhang 4' s stepmother. During the trial of this case, both parties recognized Zhang 18 and Zhang 4 as stepchildren with dependent relationship. Stepchildren, like legitimate children and illegitimate children, belong to the first-order heirs. Therefore, after Wang Mengjiao's death, they are also the first successors. Because Zhang 17 and Zhang 18 both died before, Zhang 5 is Zhang 17, Zhang 6, Zhang 7, Zhang 8, Zhang 9, Zhang 13, Zhang 10 and Zhang1/.
Secondly, regarding whether the disputed house is Wang Mengjiao's personal property, Jin Shuangquan thinks that Zhang Chen died on1June 22, 999, and Wang Mengjiao signed the purchase agreement and paid the purchase price on June 8, 2000 +065438+. Zhang Peng and Zhang Sheng claim that the house is equivalent to the length of service and rank when Zhang Chen and Wang Mengjiao bought it, that the house price paid by Wang Mengjiao is the joint property of Zhang Chen and Wang Mengjiao, and that the house is the joint property of husband and wife. However, judging from the time of purchase, the house was purchased after the death of Zhang Chen, and the legacy is the personal legal property left by the citizen when he died. When Zhang Chen died, the house had not been bought. At the same time, from the income situation of Wang Mengjiao, according to the income situation of Wang Mengjiao notice submitted by Zhang Peng and Zhang Sheng, compared with the amount and time of Wang Mengjiao's payment for house purchase, Wang Mengjiao has the ability to pay for house purchase with personal property. Zhang Peng and Zhang Sheng's defense on the nature of the house lacks factual and legal basis, so the court should not adopt it, and should consider the house as Wang Mengjiao's personal legal property.
Third, the validity of Wang Mengjiao's notarized will. Wang Mengjiao, conscious of his physical condition and sober-minded, made a will out of true meaning, clearly stating that he would leave the disputed house to Zhang Sanhe Primary School 1 after his death, and notarized it. Wang Mengjiao's notarized will should be valid. Although the dialogue between Wang Mengjiao and the notary is flawed, it does not affect the validity of the notarized will.
Finally, with regard to the division of deposits under one's name, Mr. Jin thinks that 46,000 yuan was obtained in 20651October 24th, 438+065, 438+2003. Zhang San's son-in-law, Yuan, said that he had paid the money, but he did not admit it. Now neither party has provided evidence to prove the money, and Yolanda is not a party to this case, so the court did not handle the money together. However, 65,438+002,000 yuan withdrawn on February 3, 1965 and 65,438+02 yuan withdrawn on September 2, 1965 were not processed, so it is appropriate to distribute these two funds equally to other heirs. Zhang Sheng recognizes that these two funds were withdrawn by him and used for his life, and Zhang Sheng should give corresponding compensation to other heirs.
To sum up, the court's decision is correct.
Lawyer introduction:
China Taiyuan Real Estate Lawyers Network was founded by the Real Estate Affairs Department of Beijing Dongwei Law Firm, with dozens of Taiyuan real estate lawyers team led by Minister Jin Shuangquan. Have successful experience in dealing with second-hand housing sales and real estate inheritance cases. Taiyuan real estate lawyers have done a lot of research on the specific legal issues involved in various real estate transactions, such as commercial housing, commercial real estate, stock housing, affordable housing, house delivery and relocation housing, and handled a large number of difficult and complicated real estate cases. Proficient in legal issues related to real estate transactions, such as qualification, ownership, mortgage cancellation, online signing, face-to-face signing, supervision, loan approval, breach of contract, transfer, house delivery, etc., as well as inheritance, property analysis, division and rights confirmation involved in a large number of real estate transfer, and able to handle various real estate cases. If you have any related questions, please call or consult in person.
Taiyuan real estate lawyer, Beijing real estate lawyer, real estate inheritance lawyer