On an ordinary and quiet afternoon, Wu Zhan was in the office dealing with the work at hand. Suddenly, the ** bell rang suddenly, Wu Zhan picked it up at a loss, only to hear his wife's anxious voice: "Hurry back to your hometown, my mother is gone, hurry up!."* There was his wife's crying and anxiety over there, Wu Zhan was stunned for a moment, he was playing with his mother-in-law two days ago, and his mother-in-law was fine, why did she die suddenly?
Wu Zhan threw aside the work in his hand and rushed to his hometown in a chaotic manner. When he hurried to the gate of the community, his wife was already waiting anxiously there. Wu Zhan looked at his wife distressedly, her eyes were already swollen like walnuts, and tears were still flowing. The family embraced each other silently, and they endured their grief and took care of their mother-in-law's funeral.
With the death of his mother-in-law, his father-in-law became a lonely and helpless person. The loss of his wife hit the old man hard, and he fell ill all of a sudden. The wife had to take a leave of absence and return to her hometown to take care of her father-in-law. However, such an arrangement is not a long-term solution. After discussing with his wife, Wu Zhan decided to take his father-in-law to the city, because their family still had a vacant house that they had bought before they got married.
So, they took their father-in-law to the city. Under their careful care, the father-in-law's health gradually improved, and he gradually came out of the pain of losing his wife. He began to exercise in the community, and gradually made many friends, including an aunt Chen, who was very close to her father-in-law. The two often walked and chatted together, and gradually established a deep friendship.
A few years passed, and the father-in-law made an unexpected request to Wu Zhan and his wife: he wanted to marry Aunt Chen. Wu Zhan and his wife raised their hands in approval, believing that being husband and wife was the best way to take care of each other. After all, when people are old, they still need to have a companion to take care of each other in order to live well.
So, my father-in-law and Aunt Chen successfully entered the palace of marriage. The two supported each other, took care of each other, and lived a happy and fulfilling life. However, the good times did not last long, and within a few years, his father-in-law passed away due to illness, leaving Aunt Chen to live alone in that house.
Wu Zhan originally planned to let Aunt Chen continue to live in that house, because his father-in-law was gone, so he felt that his father-in-law's last wish should be respected. However, soon after, Wu Zhan's sister returned from out of town, and she couldn't find a place to live. In order to solve this problem, Wu Zhan decided to take back the house and let his sister live in it first.
He went to Auntie Chen to discuss that she would be able to move out within three months. However, Aunt Chen was unmoved, she felt that the house was already her own, not only did she not move, but she also found someone to change the door locks. This move made Wu Zhan very angry, and he originally wanted to let Aunt Chen stay for a while longer, but he was met with such a reaction.
No matter how Wu Zhan persuaded with emotion and reason, Aunt Chen always maintained a stubborn attitude: "If I don't move, what can you do to me!."Faced with such a situation, Wu Zhan had no choice but to take Aunt Chen to court.
In court, Wu Zhan made his claim. He said that his father-in-law had passed away and he had no obligation to support Aunt Chen, so he asked Aunt Chen to return the house immediately and pay the occupancy fee. He believes that Aunt Chen's use of the house as her own completely violates reasonable family ethics and basic interpersonal norms.
Uncle Guo's point of view:
1.Wu Zhan, as the owner of the house, has the right to decide the right to use the house. After the death of his father-in-law, he gave Aunt Chen plenty of time to live, which also showed his kindness. Now that the house needs to be used, it is reasonable for him to ask Aunt Chen to move out and pay the occupancy fee.
2.The house was originally bought by Wu Zhan for his father-in-law, as a way to honor his father-in-law. After the death of her father-in-law, Aunt Chen, as the new wife of her father-in-law, should have the right to continue to live. Wu Zhan's request for her to move out and pay the occupancy fee was unreasonable, against her father-in-law's wishes when he was alive, and lacked respect for Aunt Chen.
Aunt Xu's point of view:
1.Wu Zhan, as the owner of the house, has the right to decide the right to use the house. Whether it is because his sister needs housing or to transfer the house to someone else who needs it, he has the right to ask Aunt Chen to move out and pay the house occupation fee. This is not only in line with reasonable property management, but also responsible for Wu Zhan's family members.
2.Aunt Chen used to be carefully cared for and supported by Wu Zhan and his wife, but her reluctance to move out of the house was a sign of selfishness. This house was not her own, but Wu Zhan bought it for her father-in-law. With Wu Zhan giving her enough time, she should understand the ownership of the house, take the initiative to move out and thank Wu Zhan for his help.
As a lawyer, I believe that this case involves the following legal issues:
1.Property inheritance: According to China's "Inheritance Law", after the death of the father-in-law, his property should be distributed according to the order of inheritance, and Aunt Chen, as a non-immediate family member, does not enjoy the right of inheritance.
2.Improper possession: Aunt Chen did not have the right to take possession of the house for herself, and changed the door lock without Wu Zhan's consent, which constituted improper possession. According to the Tort Liability Law, Aunt Chen should bear the corresponding liability for breach of contract.
3.Right of residence: Although Aunt Chen has lived in the house for a long time, her right of residence has not been legally authorized and is an unconditional residence, so she has no right to refuse to move out.
To sum up, I believe that Wu Zhan has sufficient legal basis in this lawsuit to require Aunt Chen to move out of the house and pay the occupancy fee to ensure the realization of her legitimate rights and interests.