After the death of the parents, the homestead and house left behind were expropriated and demolished in accordance with the law, and the compensation of more than 50 yuan left behind can be divided by the children as an inheritance?In the following case, the court found that the homestead compensation in the demolition money could not be divided as an inheritance, so it rejected the plaintiff's claim.
Liu and Zhang have six daughters. After Liu's death, Zhang moved out to live. In order to take care of her mother's daily life, her daughter Liu Moumou also built a house next to Zhang's house, lived with Zhang, and moved her household registration into the same household registration book. Later, after several villagers witnessed on the spot, Zhang dictated and the villagers wrote a will, stating that Zhang was supported by Liu during his lifetime, and all property after Zhang's death belonged to Liu XX, including houses, homesteads, fields, etc., and no one else was allowed to inherit it. The following year after Zhang's death, due to the construction of the expressway, the real estate and land left by Zhang needed to be expropriated, and the expropriation department determined that Liu Moumou was the head of the real estate and land according to the current situation of the house, and paid Liu Moumou a total of more than 50 yuan for house demolition and homestead compensation. Liu's five siblings all believed that they enjoyed the legal inheritance right and that the compensation for land acquisition and demolition should be distributed, so they sued Liu Moumou to the court, demanding that the compensation for land acquisition and demolition and the inheritance of their parents be distributed.
After the trial, the court held that Liu was not a villager in the village and had no land rights and interests in the village. The house was built by Zhang after Liu's death, and the expropriated house did not have Liu's share of the estate, that is, the compensation for the demolition of the house should belong to Zhang and Liu. Regarding the homestead compensation, according to the principle of one household and one house, the homestead is distributed according to the rural household registration, because Zhang and Liu Moumou are on the same household register, Zhang died, and Liu Moumou, as a family member in the household registration, continued to enjoy the homestead involved in the case, so the homestead compensation in the demolition money involved in the case cannot be distributed as an inheritance, and should be owned by Liu Moumou. On the issue of Zhang's estate, because he had made a will before his death, all the property was inherited by the defendant Liu, the will was legal and valid, and Zhang's estate should belong to the defendant Liu. In summary, the court ruled to dismiss the claims of the five plaintiffs. The five plaintiffs appealed against the first-instance judgment. The court rejected the appeal and upheld the original judgment.
Question 1: What is the nature of the estate?
The lawyer said:Article 1122 of the Civil Code stipulates that an estate is the legal property of a natural person left behind when he or she dies. An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited. There are three types of inheritance: it is the property of the decedent before his death, and the property that arises after his death does not belong to the estateIt must be the lawful property of the individual, and illegally acquired property is not an inheritance;What cannot be inherited by law or by nature, such as property with personal dependence, is not an inheritance.
Question 2: Why does the expropriated house in this case not belong to Liu's estate?
The lawyer notedSince in this case, the expropriated house was built after Liu's death, it does not belong to the property left by Liu during his lifetime, so it does not belong to Liu's estate. Therefore, the house was expropriated, it should be the property of Liu and Zhang, and after Zhang's death, his share became an inheritance, but because there was a will, it was inherited by Liu, and Zhang's other children did not enjoy the right of inheritance.
Question 3: Is the scrivener's will valid in this case?
The lawyer explained:Article 1135 of the Civil Code stipulates that a will shall be witnessed by two or more witnesses, one of whom shall write on behalf of the testator, the scrivener and other witnesses, and the year, month and day shall be indicated. In this case, the scrivener will was made in the presence of witnesses, signed and dated, and was legal in form and true expression of intent in content, so the scrivener will was a legal and valid will.
Referral Lawyer].
Lawyer You Chenrong.
Mr. You Chenrong, a lawyer in Shanghai, has 20 years of experience in legal services, graduated from East China University of Political Science and Law, and is currently a lawyer and senior partner of Shanghai Intron Law Firm. In the 20 years he has been engaged in the lawyer's profession, Mr. You Chenrong has always insisted on working on the front line of litigation legal services, and personally handled every case entrusted by the client. With long-term practice experience and experience in the field of litigation legal services, and with solid business knowledge and skilled litigation skills, Mr. You Chenrong and his team have undertaken thousands of various litigation cases and completed the litigation goals for a large number of clients.
Mr. You is good at handling all kinds of civil litigation cases, criminal defense cases and commercial arbitration cases, and has in-depth research and rich experience in various marriage and family cases, inheritance cases, criminal defense cases and real estate dispute cases.
Areas of Expertise: Criminal Defense, Marriage and Family, Inheritance, Real Estate Disputes.
This article was written by Hulu.com