In Qingpu, Shanghai, a woman divorced her husband because she disliked him and had no ability. After the divorce, the woman remarried with her daughter, and the two parties did not contact each other again, and the ex-husband died in an accident and held a funeral, and the mother and daughter did not appear. But many years later, the daughter sued the uncle's family in court, demanding to inherit the two houses in her father's name. So will my daughter's appeal be supported in the end?
*: Jiupai News, Shanghai Qingpu District Court).
Mr. Zhang and his wife used to be classmates and friends, and the two knew each other and fell in love, and finally entered the marriage hall after countless ups and downs. Together, they gave birth to a lovely daughter, Xiao Zhang.
However, soon after the marriage, the wife began to behave strangely indifferent to Mr. Zhang, and even doubted whether he could provide better living conditions for her and the children. Finally, at a certain moment, the wife filed for divorce with Mr. Zhang and insisted on taking custody of her daughter.
Mr. Zhang, who was deeply hit, had no choice but to reluctantly agree to his wife's request for divorce for the sake of the dignity of his relatives.
Fortunately, Mr. Zhang also has an older brother who loves him. After learning of his brother's plight, he couldn't stand his brother's loneliness and helplessness, and did not hesitate to lend a hand. He generously donated money to buy two spacious and bright bungalows, and then personally accompanied Mr. Zhang through the transfer procedures, hoping to help him improve his life and let him regain his dignity.
However, at this time, misfortune befell Mr. Zhang again - he was tragically killed in an accident.
Regarding Mr. Zhang's death, his ex-wife and daughter completely ignored their old relatives and family affection, and even Mr. Zhang's funeral never appeared.
However, many years after Mr. Zhang's death, his daughter Xiao Zhang actually stood up and accused her uncle, Uncle Zhang, of illegally occupying two bungalows that should have been inherited by her in accordance with the law.
This niece's behavior completely shattered Uncle Zhang's heart, and he felt endless anger and disappointment.
We can't help but sigh that life is full of changes and unpredictable. We can't change the fate of life, but we can choose how we face life's challenges and difficulties. In this dramatic case, Uncle Zhang did his brotherhood, while his daughter Xiao Zhang finally chose to sue court for the sake of profit, regardless of family affection and moral criticism.
This dispute involves many aspects such as law, morality, and family affection. In court, there was a heated argument between the two sides, with each trying to prove that the interests they represented were legitimate and just.
So will her daughter Xiao Zhang's appeal finally be supported by the court?
First of all, the house is a personal property that Mr. Zhang received as a gift.
Article 657 of the Civil Code stipulates that a gift contract is a contract in which the donor gives his property to the donee free of charge, and the donee expresses his acceptance of the gift.
In short, although the house was purchased by Uncle Zhang, he voluntarily donated it to Mr. Zhang, who was already single at the time, and Mr. Zhang accepted it and registered it in his name, so the gift contract between the two parties was established. That is, both houses belong to Mr. Zhang's estate.
Secondly, if there is no will, the inheritance will be inherited by the first-order heirs.
Article 1123 of the Civil Code stipulates that if there is a will, it shall be handled in accordance with the testamentary inheritance or bequest;Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement. If there is no will or bequest agreement, Article 1127 of the Civil Code stipulates that the inheritance shall be carried out in the following order: (1) the first order;Spouse, children, parents;(2) Second order: siblings, grandparents, maternal grandparents.
After the commencement of the succession, it shall be inherited by the first-order heirs, and the second-order heirs shall not inherit;If there is no first-order heir, the second-order heir shall inherit.
Attention!Even if the parents are divorced and do not live together, the children still have the right to inherit and the children should also have the obligation to support them.
Specifically, Mr. Zhang died in an accident, he did not make a will during his lifetime, the property he received was an inheritance, he had no parents or a spouse, and his estate was inherited by the daughter of the sole first-order heir in principle.
In other words, Uncle Zhang is the second-order heir, and if there is a niece Xiao Zhang, the first heir, he is not eligible to inherit.
Finally, Uncle Zhang is a person who supports the deceased a lot, and can claim to inherit the estate of the decedent Mr. Zhang on this basis.
Article 1131 of the Civil Code clearly stipulates that an appropriate inheritance may be distributed to a person other than the heir who is dependent on the deceased, or a person other than the heir who is more dependent on the deceased.
Specifically, although Uncle Zhang cannot claim rights as a second-order heir. However, the daughter should have the obligation to take care of and support her father, Mr. Zhang, but not only did she not fulfill her obligations, but she did not even come to see her father off on the last journey, which is really unfilial!
On the other hand, Uncle Zhang, who has no obligations but bears more support for the decedent Mr. Zhang, will have to divide Mr. Zhang's estate according to the actual situation. That is, Uncle Zhang can distribute a certain share of the inheritance.
In summary, after the trial, the court found that the daughter had not fulfilled her obligation to support and Uncle Zhang had fulfilled her main support and care, so the court decided that Uncle Zhang and his niece should each inherit half of the share of the two houses.
Some netizens believe that the house was bought by the uncle, the marriage was divorced by the ex-wife, and the daughter herself chose not to contact her father, so why should she give half of the share to such a daughter, this is not fair!What do you think about this?
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