Da Li and Xiao Li are two brothers. Both parents died in a car accident in 1990, leaving a house of 130 square meters. Da Li works in other places and has bought a house and got married. This house has always been occupied by Xiao Li alone. In March this year, this suite was demolished. Xiao Li told the demolition unit that he was the sole heir, and accordingly received the demolition payment of 6,543,800 yuan+0.4 million yuan. When Da Li heard about the demolition payment, he rushed back to Xiao Li to ask for a demolition payment. Xiao Li said that it has been 20 years since the house was inherited, which has exceeded the longest statute of limitations stipulated by law. Da Li Can no longer advocates inheritance, and the demolition money should be his own. Da Li couldn't reason with him and wanted to defend his rights through legal channels, so he came to the law firm for consultation.
Lawyer's review
The real estate professional lawyer of Liaoning Lundian Law Firm told Dali: According to the Inheritance Law and relevant laws and regulations, inheritance begins when the decedent dies. After the beginning of inheritance, if the successor does not give up the inheritance, it shall be regarded as accepting the inheritance. If the dispute over inheritance has been more than 20 years since the beginning of inheritance, no lawsuit may be brought. If the estate is undivided, it shall be deemed that all heirs * * * and * * * share it.
In this case, the inheritance should start from the day when Dahlia's parents died. Dali did not give up her inheritance and should be regarded as accepting it. The property left by parents is not divided, and now it is converted into demolition money after demolition. Therefore, the demolition money should be owned by Yamato * * * as a substitute for the real estate before the division, and the two brothers enjoy the same rights.
With regard to the limitation of action, the Supreme People's Court's Reply on Unsepared Cases of Succession at the Beginning of Succession clearly stipulates that inheritance cases under special circumstances: cases in which the successor has not given up inheritance and the inheritance has not been divided, and cases in which the heir requests to divide the inheritance have a limitation of action of more than 20 years, and the limitation of action is two years, counting from the day when he knows or should know that his rights have been violated. According to this regulation, in this case, Da Li did not give up the inheritance, and the property was never divided, which was in line with the special circumstances approved by the Supreme Law. It should be handled qualitatively according to the situation of property division and ownership, and the statute of limitations of two years should be applied.
Therefore, this case is not an inheritance dispute, and should be handled qualitatively as a case of property division ownership. As the owner of * * * *, Xiao Li brought a lawsuit to the court on the division of the demolition funds within two years from the date when he learned that Xiao Li alone occupied the demolition funds to safeguard his legitimate rights and interests.
Attorney/Wang Xiaofa Li Tianhui