Case 2: Mr. Li and Ms. Wang are husband and wife and have a son and a daughter. On 20 14, Mr. Li died of illness. For a house registered under the name of Ms. Wang, Nanlishi Road, Xicheng District, the children did not ask for inheritance. On 20 15, Ms. Wang signed a house sales contract with her son and transferred the house to her son's name. The house transaction price agreed in the contract was only 654.38 million yuan, but she didn't actually pay it.
On 20 16, Ms. Wang died of illness. 20 17, when my daughter claimed the above-mentioned house, she found that the house was registered in her brother's name, so she sued her brother in court and demanded that the house sales contract signed by her mother and her brother be invalidated. Problems to be solved in real estate cases:
First, the parties have the right to bring a civil lawsuit directly to the people's court for disputes arising from civil acts such as the confirmation, use, sale, lease, pawn and mortgage of the house as the subject matter, as well as disputes over the ownership of the house decoration, decoration, design and ancillary facilities related to the house.
Second, there is a dispute between the demolisher and the demolished because of the compensation and resettlement for the demolition. If the two sides fail to reach an agreement through consultation, it shall be decided by the people's government at the same level that approved the demolition or the competent department of house demolition. If a party refuses to accept the decision, he may bring a lawsuit to the court within 15 days from the date of receiving the ruling.
Third, building houses and allocating the right to use public houses are administrative actions within the unit. Disputes caused by employees' opinions on housing allocation or unreasonable housing allocation are not within the scope of court acceptance and should be resolved by the unit or the relevant administrative department.
Fourth, if the unit allocates the right to use housing to employees and has a housing allocation contract, when the employees leave or resign for their own reasons, or are expelled from the unit, the unit will recover the right to use public houses according to the contract requirements, and the disputes arising therefrom can bring a civil lawsuit to the court.
Fifth, due to improper examination and approval of the building by the relevant departments, which affects the ventilation and lighting of others, or disputes caused by pollution, the parties may apply to the relevant departments for settlement or bring an administrative lawsuit to the court.
Sixth, real estate disputes caused by illegal buildings, as well as disputes caused by the identification and demolition of illegal buildings, can be brought as administrative cases if the administrative organs fail to handle them according to law or improperly handle them. However, civil disputes such as buying, selling, leasing and mortgage with illegal buildings as the subject matter, as well as adjacent disputes caused by illegal buildings obstructing ventilation and lighting of others, can be brought as civil cases.
Legal basis: Article 12 1 of the Civil Code. Inheritance begins at the death of the deceased. If several people related by blood died in the same event, and the time of death is difficult to determine, it is presumed that the person without other heirs died first. There are other heirs. If there are different generations, the elders are presumed to die first. The presumption of the same generation died at the same time, and there was no inheritance.