The "30 million dollars" heir can't come out.
Mr. Ye said that when his uncle who was doing business in Indonesia returned to China, he brought back a huge sum of US$ 30 million and deposited it in a bank on Jintai Road in Fuzhou twice. At that time, because my uncle's nationality was Indonesia, the deposit business chose to keep correspondence deposits on behalf of him.
The so-called correspondence deposit refers to a way for overseas Chinese, Hong Kong, Macao and Taiwan compatriots and residents to entrust their overseas funds to domestic banks for savings deposits. After opening an account, the bank will keep the passbook on behalf of the customer and send or issue a certificate of custody and deposit to the customer. When withdrawing a deposit, it should be handled with a deposit certificate, which can be reported for loss or taken out of the country. But I don't know why, Mr. Ye's uncle doesn't have this deposit certificate.
This business was chosen, so Mr. Ye's uncle gave the deposit receipt to the bank for safekeeping. Mr. Ye said that due to the large amount of deposits, his uncle took out a photo of himself, signed Indonesia's name on the back, and entrusted the deposit slip to the bank for safekeeping. But unexpectedly, Mr. Ye's uncle passed away on 1987. Subsequently, this legacy was left to Mr. Ye and others.
After getting the inheritance right, Mr. Ye went to the bank to withdraw money. But the bank told him that Mr. Ye's uncle did not deposit $30 million at that time, but $3,000, and then the bank provided a copy of the deposit slip. We can see that this copy is vague because of the seal, and there are words of cents behind it, which is obviously zero.
The bank refused to provide the original materials, and the two sides went to court.
Mr. Ye's family thinks this copy is not the original. Later, Mr. Ye's family asked for verification, but the bank refused. Then the two sides went to court.
During the trial, the bank was always unable to provide the original certificate of deposit, and the Gulou District Court ruled that the certificate of deposit provided by the bank was true and valid. However, the Ye brothers refused to accept the appeal, and then the Fuzhou Intermediate People's Court made a judgment that the bank evidence was insufficient to prove the deposit amount.
Subsequently, we accompanied Mr. Ye to the bank at that time for consultation. The bank staff said that he was not aware of the situation at the time. But if Mr. Ye needs to consult some information, he needs to go through some channels through his lawyer.
Regarding this matter, Guo Shiying of Bamin Law Firm said that the parties can ask the bank to provide proof when making a deposit, and if the bank does not provide proof, it will bear the burden of adverse proof.
The court refused to support the 30 million yuan claimed by Mr. Ye's family, but the court also considered that the evidence of 3,000 yuan provided by the same bank was insufficient. Later, Mr. Ye fought a lawsuit with them as heirs for many years. In the end, not only the amount of money was unclear, but also new problems appeared.
The amount of the deposit cannot be confirmed for the time being, but the heir is disqualified.
"It is now decided that we cannot inherit this property."
In order to find out the ins and outs of the matter, Mr. Ye combed their inheritance relationship.
1987, Mr. Ye's uncle died in Indonesia. Since he is unmarried and childless, and Mr. Ye's grandfather has passed away, the inheritance right is obtained by Mr. Ye's grandmother, that is, his uncle's mother. And Mr. Ye's grandmother made a will and left the property to Mr. Ye and them. At the same time, Mr. Ye said that they also went to notarization.
In this document of Fuzhou Notary Office, we can see that Mr. Ye and his children have legal inheritance rights.
Guo Shiying of Bamin Law Firm said that notarized wills have the highest legal effect.
Then, it is such a legally binding document, how can the court not recognize it?
The right of court inheritance is applicable to Indonesian law.
It turned out that the court held that the notarization done by Mr. Ye's family in the notary office before was wrong in the application of the law; In order to refute this statement, Mr. Ye's family provided the court with a "unmarried certificate" issued by Mr. Ye's uncle in Indonesia.
However, the court said that this cannot prove that Mr. Ye's uncle has no other legal heirs. Only after the legal heir is confirmed according to Indonesian law can the heir be qualified as the plaintiff in this case. In other words, the court found that Mr. Ye's family did not have the inheritance qualification at present and had no right to fight this lawsuit at all.
Subsequently, Mr. Ye's family appealed to Fuzhou Intermediate People's Court, which finally upheld the first-instance judgment.
Whether you have the right of inheritance needs to be confirmed by the Indonesian court.
So what should Mr. Ye's family do in the face of such a problem? Guo Shiying of Bamin Law Firm said that since Mr. Ye's uncle is Indonesian and his deposit is in China, according to the provisions of international justice, Indonesian law should be applied to this inheritance lawsuit. If you want to confirm that you are the legitimate heir, Mr. Ye and them must go to the Indonesian court to file a lawsuit.
Guo Shiying of Bamin Law Firm said that if the Indonesian court confirms the legal inheritance status of Mr. Ye and other heirs, Mr. Ye and others can submit the judgment to the embassy for authentication, so as to gain the support of the China court and regain the status of the litigation subject.