This article was originally written by Jin Shuangquan, a real estate inheritance dispute lawyer. Please indicate the source.
Case introduction:
Huang Chenggen and Peng Yuanyuan were husband and wife. They have three children, Huang Peng, Huang Yumei and Huang Yuanyuan. Huang Chenggen died on1August 9, 968, and Peng Yuan never remarried. And died on September 19, 2065438. Room 502 was purchased by Peng Yuan at the cost price of 1.998. After deducting the length of service of Huang Chenggen and Peng Yuan, the house price is 1.6 million yuan, of which Peng Yuan pays 5,000 yuan and Huang Yuanyuan pays 1. 1.0 million yuan.
On September 29th, 2006, the demolition unit (Party A) signed a contract with Peng Yuan (Party B) to buy back the newly-built house, stipulating that Party A would demolish Party B's house within the scope of demolition due to the needs of the construction project, with an area of 67 square meters. Party B decided to buy back the newly-built house by way of compensation, and voluntarily chose to buy the disputed house with the house area of105m2, and the area of the newly-built house exceeded the original house by 38m2. If one party buys back the house exceeding the area, the payment will be relaxed to 265,438 yuan+0.65,438 yuan+0,000 yuan. After deducting all the money agreed by Party A in this Agreement, the actual price payable by Party B shall be subject to the attached Deduction Sheet for House Demolition. 1Oct. 23rd 10, and Huang Yuanyuan paid the house price 158000 yuan.
In March 2007, Peng Yuan signed a document named Receipt with,, * * *, claiming that the original house was changed into a disputed house, and the purchase price of the disputed house was 158000, 1. 1.0000 yuan, which was paid by the son-in-law of Peng Yuan, the owner of the house (Huang Yuanyuan's lover), in 2007. After consultation and with the consent of his mother, the money was borne by the three children. Now, 56,000 yuan should be borne by Huang Peng and 56,000 yuan should be borne by Huang Yumei to Huang Yuanyuan.
On June 5438+ 10/8, 2007, Peng Yuan made a will after upholding justice in the notary office. The content of the will is ... I will leave the disputed house to my daughter Huang Yuanyuan for inheritance, and at the same time, Huang Yuanyuan should compensate Huang Peng and Huang Yumei for 654.38 million yuan each, otherwise I will inherit the house according to law. If the house cannot be abbreviated and the house ownership certificate cannot be obtained, Huang Peng and Huang Yumei will each inherit the returned house purchase price of 6,543,800 yuan, and Huang Yuanyuan will inherit the rest. The will is made in duplicate, one for the notary office, one for myself and one for the testator Peng Yuan. June 2007 65438+1October 65438+August.
On June 5438+1October 65438+1October 8, 2009, Peng Yuan and the Housing Management Office signed the Occupancy Agreement for Newly Built Relocated Houses, which agreed to deliver the disputed houses to Party B according to the repurchase contract signed between the Housing Management Office and Party B. Since then, Peng Yuan and Zhang Sanyi of Huang Yuanyuan have moved into the disputed houses.
After Peng Yuan's death, three people had a dispute over inheritance. Huang Yuanyuan sued Huang Yumei Huang Peng to the court and asked the court to order Huang Yuanyuan to inherit the house.
Trial process:
During the trial, Huang Yuanyuan submitted the Notice on Matters Related to the Signing of House Purchase and Sales Contract issued by the Housing Management Office in February 201/KLOC-0. According to Huang Yuanyuan, the property unit requires the property owner to sign the sales contract in person. If the property owner is inconvenient, it needs to be notarized and entrusted to the trustee. At that time, Peng Yuan could not move or go to the scene. The notary office said that door-to-door service could not be provided, so it could not be handled. The unit said it could be suspended. Therefore, the house has not yet signed a sales contract and has not obtained a real estate license. With regard to the payment, Huang Yuanyuan admitted to receiving 56,000 yuan from Huang Peng and 56,000 yuan from Huang Yumei.
At the same time, the court found through trial that after Peng Yuan's death, his unit issued a one-time subsidy of170,000 yuan, and the funeral expenses were 5,000 yuan * * *, which was held by Huang Yuanyuan.
During the trial, the court found out again that the passbook in Huang Yuanyuan's name was1October 20 13, 1 1, and then1October 20 13, 12,/kloc. On August 9th, 20 13, the balance of another passbook was 97,000 yuan; on February 30th, 20 14, it was withdrawn by four transfers; on March 30th, 20 15, the balance was 232 yuan.
Huang Yuanyuan claimed that RMB 6,543,800+0.5 million from the first card was used for funeral expenses, and provided details of funeral expenses as evidence. It was found by the court that the expenses incurred in handling Peng Yuan's funeral with Cheng were settled together after entrustment. Because Huang Yuanyuan took Peng Yuan's money, Huang Peng and Huang Yumei didn't pay the funeral expenses. The 97,000 yuan in Huang Yuanyuan's account enabled him to claim the expenses of house decoration and furniture purchase in advance, and submitted the corresponding receipts and sales orders as evidence. Huang Peng and Huang Yumei denied the above details, saying that household appliances have nothing to do with the heritage, and Huang Yuanyuan can take them away if it wants, while Huang Peng and Huang Yumei do not advocate division.
Huang Yuanyuan said that Pengyuan Company had financial products worth 200,000 yuan in the hands of Huang Peng, and submitted a memorandum made by Huang Peng. The last page shows Pengyuan's wealth management products. Since 2000, the principal has increased to 90,000, and today it has increased to 200,000.
Huang Peng had no objection to the authenticity of the memorandum, saying that the money was a decoration fee given to him by Peng Yuan 20 years ago, amounting to 90,000 yuan, which was deposited in the name of Huang Peng for financial management. After Peng Yuan's death, Huang Peng expressed his willingness to share some money with everyone for the sake of harmony, but money is not an inheritance.
Test results:
Beijing Chaoyang District People's Court ruled after trial:
1. The disputed house is inherited by Huang Yuanyuan, and it will be owned by Huang Yuanyuan when it meets the conditions for housing ownership.
2. Huang Yuanyuan returned 56,000 yuan to Huang Peng within 10 days after the judgment came into effect; Return 56,000 RMB to Huang Yumei.
III. After the judgment of Huang Yuanyuan came into effect on 10, Huang Peng paid 225,000 yuan for house discount and Huang Yumei paid 225,000 yuan for house discount.
4. Peng Yuan made a deposit of * * * 102000, and each person holds 34000.
5. Peng Yuan subsidized 6.5438+0.74 million yuan, each holding 58,000 yuan.
6. Pengyuan's wealth management products are * * * 200,000, each holding 666,666,600.
After the judgment of the first instance, Huang Peng and Huang Yumei refused to accept the judgment of the first instance and appealed to the court of second instance, which decided after trial:
Reject the appeal and uphold the original judgment.
Comment on the case of Jin Shuangquan, the best lawyer in succession litigation disputes;
Jin Shuangquan, the best lawyer for inheriting litigation disputes, believes that citizens can make a will to dispose of personal property.
According to the relevant provisions of China's inheritance law, notarized wills are handled by the testator through the notary office. After the integration begins, if there is a will, it will be inherited or bequeathed according to the will. The house in dispute in this case was repurchased after the demolition of No.502 house under Peng Yuan's name, which should belong to the legal property left by Peng Yuan. Peng Yuan made a notarized will before his death, making it clear that the disputed house was inherited by Huang Yuanyuan, and Huang Yuanyuan paid 654.38 million yuan to Huang Peng and Huang Yumei respectively. A notarized will is legal and valid. In view of the fact that the disputed house has not obtained the real estate license and meets the conditions for handling real estate, it should be owned by Huang Yuanyuan.
In addition, when buying the original house No.502, although Peng Yuan's spouse Huang Chenggen has passed away, he bought the house by using Huang Chenggen's working age, and has recognized the property value and belongs to the property right. In this regard, the court held that due to the use of Huang Chenggen's length of service, a part of the purchase price was reduced, and this part of the property rights should be equally enjoyed by Huang Peng, Huang Yumei and Huang Yuanyuan. Therefore, Huang Yuanyuan should compensate Huang Peng and Huang Yumei, and the specific amount shall be determined by the people's court at its discretion. At the same time, when buying a disputed house, Huang Yumei and Huang Peng bear a certain amount of purchase money, which should be regarded as the debt of the disputed house, and Huang Yuanyuan should pay it to Huang Peng and Huang Yumei.
For the deposit under Peng Yuan's name, this deposit is a legal personal deposit left by Peng Yuan before his death, which should be divided equally by the heirs according to the legal inheritance.
In this case, although the pension obtained due to Peng Yuan's death is not an inheritance, it is not inappropriate for the court to handle it together in this case for the convenience of the parties. China's "Inheritance Law" stipulates that the inheritance is the personal legal property left by a citizen when he dies, and the pension is based on the property rights and interests with spiritual comfort obtained after the decedent's death, which is based on a specific personal relationship and does not belong to the scope of inheritance. In order to ensure that the original defendant is easy to divide, the court of this case handled it together, aiming at reducing the contradictions between the parties.
Regarding Huang Yuanyuan's claim that the amount of Pengyuan wealth management products is 200,000 yuan, Huang Peng once wrote a memorandum saying that the amount of Pengyuan wealth management products is 90,000 yuan, which has increased to 200,000 yuan since 2000. Huang Peng argued in court that the statement that the wealth management product was given by Peng Yuan contradicted the statement in the memorandum, and no corresponding evidence was provided to prove it, so the court rejected his statement. Therefore, 200,000 yuan should be divided equally among three people according to legal inheritance.
To sum up, the court's decision is correct.
Lawyer's tip:
Jin Shuangquan, a lawyer for disputes over second-hand housing transactions, reminds all the parties who read this article that for large property transactions such as housing transactions, they must be cautious when signing contracts and agreeing on the time limit for performance, and learn more about relevant housing policies. If they don't know, they can consult relevant professionals to avoid disputes in the future.
Of course, if there is a dispute, don't worry. You must keep the correspondence, letters, text messages and other relevant evidence between the two parties at the first time, and find a senior professional real estate lawyer at the first time to protect your legitimate rights and interests to the maximum extent.
Lawyer Jin Shuangquan was interviewed by Sina's second-hand housing program on March 16. If you want to know about the possible risks of second-hand housing sales, I suggest you search "3. 15 special program: barristers tell you what to be careful about second-hand housing sales" for more information.