Zhang Laobo, a citizen in his 60 s, came to the "please lawyer" consultation site yesterday. Zhang Laobo retired for many years, and he and his wife saved 1 more than ten thousand yuan of pension money, trying to find a channel for financial management. Last year, my son Xiao Zhang found his father and said that he had a high-threshold wealth management product of 6.5438+0 million yuan, but the return was rich. After careful understanding, Zhang Laobo felt that this wealth management product was more reliable, so he led his son to an investment company.
However, the investment company said that Zhang Laobo is too old to participate in such high-risk and high-yield investment projects, but he can entrust his son Xiao Zhang to manage money on his behalf. So, without signing any loan agreement or entrustment agreement, Xiao Zhang signed a contract with the investment company, and then Zhang Laobo transferred the money into the designated account of the investment company through bank transfer.
Recently, when Zhang Laobo went to his son to discuss withdrawing cash, Xiao Zhang changed his mind again, saying that the money was given to him by his father and would not be returned to his father.
Wang Bin, lawyer of Jiangsu Nuofa Law Firm
Zhang Laobo's practice is very risky, and it will be difficult for him to get his money back. "Fortunately, Zhang Laobo transferred money through the bank, which is a key evidence, but he still needs to prove that this is an entrustment, not giving money to his son." Wang Bin said that the evidence was difficult to collect. The best way now is to negotiate with Xiao Zhang and ask him to refund the money. After all, the two sides still have family ties. If they go to court, they may end up losing both sides.
Relatives want to "borrow" the school district room
Borrow or not?
Mr. Zhou Lao's son has a house of more than 60 square meters. Because it is a dual school district, the total price is more than 3 million. Recently, a relative of Mr. Zhou Lao found him and said that because the children at home wanted to go to a good school, but the economic conditions were limited, they could not afford the school district and wanted to "borrow" Mr. Zhou Lao's son's suite.
Because they are close relatives, they usually have a good relationship, and Mr. Zhou Lao didn't have the nerve to refuse. Afterwards, Mr. Zhou Lao found that it was not so simple to "borrow" a house to go to school after consulting in many ways. Instead of letting relatives come and live, they transfer the property to relatives. This week, the old man made a mistake. How can he borrow such a borrowed house? Should he borrow it?
Lawyer Chen Gong of Jiangsu Jinlong Law Firm
If Mr. Zhou Lao "lends" his house to his relatives, it is not only difficult to operate, but also risky. "According to the Property Law, the ownership of property depends on the registration of property rights. If your son transfers the property to your relatives, it means that this house has nothing to do with your son in law. "
Chen Gong further analyzed, even if the house is really "borrowed", what about the transfer procedures? If you pass the gift, then Mr. Zhou Lao's family will not be guaranteed; If it is through real estate transactions, then their relatives should also prepare the corresponding purchase money. "Of course, Mr. Zhou Lao's son can ask the other party to make an iou as evidence, but the house has indeed been transferred to someone else's name. It is hard to say whether the money can be returned."
Mother is still alive.
Children should share the property.
Mr. Jiang has three brothers and sisters. His father died two years ago and his mother is still alive. Mr. Jiang said that my mother is over 80 years old this year and has been in good health. There is a property in her name, which was originally the property of her parents.
"Some time ago, my sister suddenly took out a mother's real estate demolition agreement and asked me to sign it." Mr. Jiang said that he didn't want to fight for his parents' real estate, but wanted to know if this agreement was legally binding if it was signed.
Jiangsu Yihe Law Firm Lawyer Liu Yun
Mr. Jiang's mother is still alive, and the parents' house demolition and division agreement signed by the three brothers and sisters has no legal effect at all.
"The house is not yours, and you have no right to divide it." Liu Yun said that Mr. Jiang's mother didn't sign the agreement, so the agreement was invalid.
"If my mother signs this agreement, will it still be valid after 100 years?" Mr. Jiang asked.
In this regard, Liu Wei said that if the property belongs to Mr. Jiang's parents, then in the case of his father's death, the mother only has the right to distribute the share of property rights. The rest belongs to Mr. Jiang's three brothers and sisters.