It is also a public housing dispute, and the "94 Plan" is authentic and false
Plaintiff: Zhang, Xue
Plaintiff's agent: Shanghai Lawyers Zhang Honggen and Zhang Guanping of STO Law Firm
Defendant: Zhou
: The two plaintiffs are related as mother and daughter. >Case Brief:
The two plaintiffs have a mother-daughter relationship. The plaintiff Zhang and the defendant Zhou are mother and son, and the plaintiff Xue and the defendant Zhou are brother and sister.
A certain house located in Jiading District, Shanghai is a public housing allocated by the plaintiff Zhang’s husband’s work unit. In 1994, the defendant purchased the property rights of the house in the name of the plaintiff Zhang’s husband based on his age. When purchasing the property rights The plaintiff Zhang and her husband are the same people who own the house. After purchasing the property rights, the plaintiff Zhang, her husband and the defendant have been actually living in the house. In 1998, plaintiff Zhang’s husband passed away, and plaintiff Xue enjoyed inheritance rights according to law. The plaintiff Xue enjoys the right of inheritance according to law. In 1999, the defendant purchased the house and did not live in the house. In 2004, the plaintiff Zhang was hospitalized and returned home. The defendant asked the plaintiff Zhang to live in a nursing home. The defendant believed that the property rights of the house belonged to the defendant alone. The plaintiff argued that according to the 94 Plan, the property rights of the house should belong to the two plaintiffs and the defendant ***.
In order to protect the legitimate rights and interests of the two plaintiffs, the lawsuit was brought to court.
Attorney Zhang Honggen, the plaintiff’s attorney and director of Shanghai Shentong Law Firm, believes that this case is not an inheritance dispute, but a typical housing property rights dispute after the implementation of the "94 Plan." The house was public housing, and the defendant bought it out on behalf of the people living with him. So under what circumstances are you eligible to buy public housing? The "94 Plan" clearly stipulates that the objects of purchasing public housing are employees with permanent residence who have obtained newly allocated housing in Shanghai and public housing tenants with permanent residence in the place of residence or adult co-residents over 18 years old. Accordingly, the plaintiff Zhang and the defendant Xue are both purchasers of public housing, and they have absolutely equal property rights. The plaintiff Xue does not have a permanent residence in the house and is not a co-resident of the house, so he cannot claim property rights in the public house.