The public house rented by my father was bought by my youngest daughter alone. Because it can only be purchased by the lessee, public houses have been registered in the name of the father. After the transfer was blocked many times, the father made a will and the house was inherited by the younger daughter. However, after the father's death, when the younger daughter officially transferred, other brothers and sisters raised objections. Who should this house belong to?
Buying a house in the name of buying a public house
Case introduction: disputes caused by buying a house in the name of father.
A set of 100 public housing rented by Mr. Wang is now occupied by his youngest daughter. 1993 when the house was reformed, Mr. Wang said that whoever bought this public house owned it. Wang Fang's two brothers and sisters couldn't afford them, and finally they were bought by Wang Fang. Because it could only be purchased by the lessee at that time, the house was registered under Mr. Wang's name after it came down.
1997 Mr. Wang's wife died.
1999, Wang Fang moved into the house in the unit and rented out room 100.
In 2000, my brother Wang Fang's father-in-law was ill and hospitalized. Because 100 is close to the hospital, Brother Wang stayed at 100 for a while. At that time, Mr. Wang wrote a note: Room 100 actually belongs to Wang Fang. If it can be transferred, it will be transferred to Wang Fang.
In 2004, Big Brother returned the house 100. Mr. Wang is going to transfer the house to, but the house is still not allowed to be listed and traded. So Mr. Wang made a will: 100 room was inherited.
At the beginning of 20 15, Mr. Wang died and took out a notarized will, hoping that his brother and sister would cooperate with the transfer. The second brother objected that Mr. Wang's share should be inherited, but the old lady's share should be inherited by four brothers and sisters. In desperation, Wang Fang turned to a lawyer for help.
Lawyer's interpretation: notarized will is not regarded as inheritance.
The lawyer said: After checking the relevant information, I think I have formed a legal relationship with Mr. Wang to buy a house in his name.
The purchase contract, invoice and tax payment certificate of Room 100 are all held by Wang Fang, and the house has been actually occupied, used and dominated by Wang Fang since the date of purchase. Although the house has been registered under the name of Mr. Wang, the actual owner is Mr. Wang, and the two parties have formed a legal relationship of buying and selling the house under his name.
The explanation written by Mr. Wang in 2000 also shows that there is a legal relationship between Mr. Wang and buying a house in his name. Because they can't transfer the ownership temporarily, they cooperated with Wang Fang to handle the transfer formalities when they can transfer the ownership. In 2004, because it was still impossible to handle the transfer formalities, Mr. Wang made a will and notarized it to fulfill his obligation to cooperate with the transfer.
Although Mr. Wang has a notarized will, it should not be treated as inheritance. The property is actually Wang Fang's property, not Mr. Wang's property, nor does it belong to Mr. Wang's legacy after his death, so it should not be disposed of according to the legacy.
The court ruled that the house was established on the pretext of buying a house and the other three children fulfilled their contractual obligations.
Entrusted by Wang Fang, the lawyer appealed to the court for a contract dispute, demanding that Wang Fang's brother and sister handle the transfer formalities of Room 100; The second brother also sued Wang Fang and other three people to the court for inheritance disputes, demanding that Mr. Wang's estate be divided according to law/room KLOC-0/00.
The lawyer submitted Mr. Wang's explanation, notarized will and relevant procedures for buying a house to the judge who tried the inheritance case. From the time of purchase to the time of actual possession and use of the house, it proves that there is a legal relationship between the two parties to purchase the house in their name, and whether the house belongs to Mr. Wang's estate is controversial and has been brought to court.
The judge hearing the inheritance case thinks that the trial of the inheritance case should be based on the judgment result of the contract dispute case, so the ruling of the inheritance case is suspended.
In a real-name house purchase contract dispute case, Wang Fang's lawyer provided relevant evidence materials, and Wang Fang's eldest brother and sister all recognized that the house really belonged to Wang Fang. The second brother didn't recognize Mr. Wang's explanation, but he didn't put forward an appraisal.
In addition, the second brother believes that it is invalid to borrow a name without the consent of the mother. Wang Fang's lawyer said that buying a house in its name is a contractual relationship. If the name is established, the house does not belong to Mr. Wang's property, and the couple owns the property. Therefore, the agreement to buy a house under his name does not require his mother's consent.
In the end, the court held that his father, Mr. Wang, had formed a contractual relationship to buy a house under the name, and the other three children, as heirs, should fulfill their contractual obligations, and sentenced Mr. Wang's three children to cooperate in handling the house transfer formalities of 100.
Tips: Buying a house under your name requires a written agreement or a formal explanation.
Lawyers pointed out that it is not uncommon for some units to buy public houses under the pretext of housing reform, because they only allow the original tenants to buy them, or because the qualifications of their elders are more favorable.
Usually buying a house in name is a matter between relatives, and there is no written agreement. When determining whether there is a legal relationship to buy a house in name, it is more difficult for parents to buy it than for other relatives.
Children buying houses for their parents are usually considered as gifts or loans. Just because a child buys a house for his parents, it cannot be simply identified as buying a house under his name.
Therefore, there is usually a written agreement when determining whether there is a legal relationship between children and parents buying houses under their names. Even if there is no written agreement, it is necessary to prove the fact that both parties really bought the house in the name written by Mr. Wang in this case. Otherwise, it is difficult to find it difficult to buy a house under the name of a child who has occupied and used his parents' house for a long time.
(The above answers were published on 20 16- 12-22. Please refer to the actual purchase policy. )
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