What should I do if the property has been transferred to someone else s name when I sue for inherita

Mondo Social Updated on 2024-01-29

Guangzhou lawyer Zhang Jing answered: inheritance disputes can only be heard to determine the property in the name of the decedent, if the case is filed, the property has been transferred to the name of another person, then you cannot directly sue the inheritance dispute to inherit the house, you must first sue other causes of action (such as the invalidity of the house sales contract) to transfer the property back to the name of the decedent, and then sue for inheritance. In the following case, Huang Ernu sued to inherit the property in her mother's name, but the property had been transferred to the buyer Huang before the case was filed. After the court's explanation, Huang Ernu still refused to change her claims, and the court had no choice but to reject all of Huang Ernu's claims. Lawyer Zhang reminds that litigation is a highly technical matter, so don't be rash and go your own way, and listen to the opinions of professionals.

Excerpt from the verdict:

The court held that the cause of action in this case was an inheritance dispute. Huang Ernu insisted on filing a lawsuit to inherit the house when she clearly knew that the property rights of the house involved in the case had been fully registered in Huang's name, so this court handled the first-instance case with the legal relationship of inheritance. Huang Ernu filed a claim for inheritance of one-half of the property right share of a house in Liwan District, Guangzhou City, on the premise that all or part of the house involved in the above case belonged to Liu's mother. According to the provisions of the Property Law (which has lapsed and is now the Civil Code), the certificate of ownership of immovable property is the proof that the right holder enjoys the right to the immovable property;The creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law, and shall not take effect without registration. Since the ownership certificate reflects that the current registered owner of the house involved in the case is Huang, who occupies all the shares, it can be seen that Liu's mother's original rights to the house involved in the case have been extinguished due to the change of registration of the house. The estate is the personal legal property left behind by the death of a natural person, and since the house involved in the case is no longer the inheritance of Liu's mother, Huang Ernu's relevant claim has no legal basis and this court does not support it. Huang Ernu put forward the opinion that the "Testamentary Declaration of Revocation of the Will" signed by Liu's mother on February 15, 2019 and the sale of the property rights of the house involved in the case to Huang on April 20, 2019 were carried out without civil capacity and were invalid. Huang Ernu's request to evaluate Liu's mother's civil capacity through medical records was also rejected by this court. The judgment rejected all of Huang Ernu's claims (claiming to inherit the house).

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