Shocked!The aunt was sick and sent the house to support her brother, and the younger brother broke the contract and cut off the supply!The nursing home fee was stopped, and my sister wanted to ask for a house but was asked for 750,000 yuan. The younger brother is ruthless, and the aunt is cold. In this play, which string is broken?
Taken from: The First Gang).
Aunt Ayu said that she has been battling rheumatoid arthritis for 53 years. Due to the lack of exercise due to sitting in bed for a long time, the legs gradually cannot be straightened, and standing has become a luxury.
She was childless, lonely. So, she generously donated the two suites under her name to her younger brother, and attached one condition: she needs to be taken care of by her younger brother when she is old.
After the house was given away, my younger brother took care of him for a while. As his younger brother struggled to make ends meet after starting a family, the responsibility of caring for him gradually drifted away. Eventually, Aunt Ayu was sent to a nursing home, and the expenses were paid by her younger brother.
However, recently, the younger brother suddenly stopped paying the nursing home fees, leaving Aunt Ayu in the dilemma of not being able to pay for the pension.
Aunt Ayu asks for help from a mediator to get back the gifted property. The mediator was shocked when he found his brother.
Lying on the hospital bed, the younger brother said, "On April 26 this year, I was delivering food to my sister when I had a stroke halfway through!".I've been in the hospital** and have no income, where do the pension expenses come from?”
The younger brother claimed that he had not intentionally missed the appointment and that he was seriously ill. Aunt Ayu found it difficult to accept, she thought that her brother had savings, but she refused to use them. What's more, the two had agreed that their younger brother would take care of her for the rest of his life, even if he had no money, he could sell the property to support her.
Aunt Ayu said: "For the sake of our family affection, I only begged him to return a house, and I sold it to pay for the pension." ”
The younger brother refused, he said that the house had been transferred, and he had taken care of his sister for more than ten years, and the cost was close to 750,000. If you want to repent, you have to repay 750,000 first.
Aunt Ayu insisted that the two suites were far more than 750,000. She mentioned that her brother had sold one of them, and she could give her brother 300,000 yuan if the remaining set was sold.
However, my brother's daughter-in-law disagreed, feeling that the house could not be taken back once it was given away.
This matter sparked heated discussions. Someone said, "If I have two apartments, one for my own use and one for rent, who will take care of me, and who will I give it to when I die?".Another person said: "My brothers and sisters are not reliable, and if my sister-in-law intervenes, I can only feel at ease if I keep the house and money." ”
Someone criticized his younger brother: "I'm embarrassed to ask my sister for 750,000 yuan in alimony!."I've already sold my sister's house, and my heart is so dark!"Blaming brothers and sisters is deeply inseparable.
Legally, does Aunt Ayu have the right to ask her brother to return the house?
In general, gratuitous gifts are usually irrevocable. However, Aunt Ayu and her younger brother attached conditions to the gift, and if the younger brother fails to fulfill the duty of care, it can be regarded as a breach of contract.
According to Article 663 of the Civil Code, the donor may revoke the gift if the donee has the following circumstances:
1) Seriously infringing upon the lawful rights and interests of the donor or his close relatives;
2) The donee has an obligation to support the donor and fails to perform it;
3) Failure to perform the obligations agreed upon in the gift contract.
Therefore, Aunt Ayu has the legal right to demand that her younger brother return the donated house, and even if the house has been transferred, the younger brother must return or pay the same amount.
In the end, under the mediator's popularization of the law, the younger brother and daughter-in-law realized their mistake and said that they would make up the ...... of Aunt Ayu's nursing home as soon as possible
This reminds us that gifts need to be given carefully, must be guaranteed by contract, and should not be handed over lightly, even if it is a close relative, so as not to regret it.