Serious illness shrouded her once strong mother, she was as weak as dead wood in her old age, in addition to helplessness, Zheng Qing's heart was full of pity. In addition to causing trouble to the family, the two younger brothers who do not work properly have no money to pay for their mother's medical treatment and medicine. In order to help her mother, Zheng Qing worked tirelessly to pay her mother's living expenses every month, regularly took her mother to the city for physical check-ups, and personally accompanied her when she was sick.
However, fate was unfair to them, and the mother's condition deteriorated further, and she needed to be hospitalized**, but the hospitalization fee and **fee required a large sum of money. Realizing that her two sons could not provide the money, the mother resolutely asked her daughter Zheng Qing to borrow money. Zheng Qing did not hesitate and gave her mother the money she needed without hesitation. After a long period of ** and medication, the mother's condition was brought under control. However, during the two or three years, her mother borrowed about 200,000 yuan from Zheng Qing one after another, which was a huge amount of money for her mother. She and her two unearned sons could not repay it for the rest of their lives, so she proposed to give her daughter the house in her hometown as a debt.
The two younger brothers happily agreed because they did not need to pay it back, so the mother wrote an agreement on the same day, making it clear that she would voluntarily give the house to her daughter, and that the two sons had no objections. So this house became Zheng Qing's property.
No one expected that four years later, their hometown would be demolished, and the demolition cost of this house would reach more than 2 million yuan.
The mother's feelings of regret came spontaneously, and she began to make small calculations, unwilling to give the money to her daughter. Therefore, from the beginning to the end, the mother did not tell Zheng Qing about the demolition. If it weren't for her cousin's leak, Zheng Qing would still be kept in the dark. However, she was very angry and felt that her mother didn't treat her as a family member at all, so she questioned her mother.
Unexpectedly, the mother said that the two younger brothers have no jobs, cannot earn money, have not bought a house and find a daughter-in-law, and she does not have to worry about food and clothing, and has enough pocket money every month, so she hopes that her daughter can give this money to her two younger brothers. Although she will immediately return 200,000 yuan to Zheng Qing. Hearing these words, Zheng Qing's heart was like frost, and he felt that he was being used. She was a good daughter when she needed help, but when it came to splitting money, she became careless about her mother and brother.
No one can stand such treatment. And if the mother had discussed this matter in advance, Zheng Qing might give some money to the two younger brothers as appropriate. However, they asked her for money directly and did not treat her as family at all, which was difficult for her to accept. She consulted with her mother and brother many times, but no agreement was reached, and her mother also scolded her for having no conscience. Zheng Qing angrily took his mother and younger brother to court, demanding that they return the more than 2 million yuan in demolition money.
Uncle Cai's point of view: Zheng Qing should get the demolition money.
1.Zheng Qing is the only one who has always supported and taken care of her mother, she pays her mother's living expenses every month, regularly takes her mother to the hospital, and takes care of her mother's health. She has given a lot and deserves to be rewarded, including the demolition money.
2.The original ownership of the demolition money belonged to Zheng Qing's house. Even if the mother voluntarily gave the house to Zheng Qing, then the proceeds from the demolition should also belong to Zheng Qing.
Grandma Song's point of view: Zheng Qing should not ask for the return of the demolition money.
1.The mother did not break the agreement, she voluntarily gave the house to Zheng Qing. The appearance of the demolition money was an accident, and the mother was not responsible for giving all the money to Zheng Qing.
2.The younger brothers currently do not have jobs and their own houses, and are under great financial pressure. Even though Zheng Qing had helped her mother, she should have understood her mother's concern and help for her younger brother, and should have given part of the demolition money to her younger brothers.
Taken together, this is a complex situation involving family relationships and the distribution of benefits. Whether from the moral or legal level, there may be different interpretations and judgments. The final outcome depends on the court's decision and whether the parties can properly negotiate to resolve their differences.
In response to this specific case, I, as a lawyer, give the following legal opinions and corresponding legal provisions:
1.The agreement written by the mother before the demolition is valid. According to Chapter II of the Contract Law, the written agreement has legal effect, and the fact that the mother clearly stated in the agreement that she would give Zheng Qing the ownership of the house could not change this fact even if she was dissatisfied with her younger brother afterwards.
2.Zheng Qing's loan of 200,000 yuan to his mother is legally valid. According to Chapter 9 of the Contract Law, a loan contract is a type of contract protected by law, and the loan relationship between Zheng Qing and her mother was recognized by the court after presenting relevant evidence.
3.The younger brother needs to repay Zheng Qing's loan of 200,000 yuan. According to Article 45 of the Contract Law, when the borrower fails to perform the repayment obligation, the borrower has the right to apply to the court for recourse to the loan.
The story shows family relationships and moral and ethical issues through a court trial, and also shows us the importance of the law in upholding fairness and justice. It is hoped that everyone can take the law as the criterion, correctly understand and fulfill their obligations, and jointly create a harmonious and stable society.