After the death of a 74-year-old lonely old man, when his property and neighborhood committee were dealing with funeral matters, the property actually invested 30,000 yuan to renovate the old man's house and turn it into a staff dormitory. This behavior not only triggered many complaints from the owners, but also caused widespread controversy and thinking at the legal and moral level.
This old man, born in 1948, has never married, has no children, and lives alone in room 301 in the city. In July last year, the old man died of illness and was not found by neighbors until the body smelled. The public security organs confirmed that the old man was a lonely old man and did not have any relatives. In this case, the neighborhood committee funded the funeral of the elderly, and the property also claimed to have contributed its own money. However, without permission, the property invested 30,000 yuan to renovate the house and use it as a staff dormitory.
When the neighbors found out about the situation, they reported it to the neighborhood committee, which confirmed that the property had done it without authorization and promised to take back the keys. However, the property refused to move out on the grounds that it had contributed money and efforts to deal with the aftermath of the old man, and had also used the money to renovate the house, and even said that the community needed popularity.
So, from a legal point of view, who exactly should own this house?
First of all, if the elderly have no children or other relatives, and their parents have died, if they did not support more people during their lifetime, the house is owned by the state. Article 1160 of the Civil Code stipulates that an inheritance that is not inherited or bequeathed by no one shall be owned by the State and used for public welfare;Where the deceased was a member of a collective-owned organization during his lifetime, it is owned by the collective-owned organization to which he belonged.
However, if the property does handle the funeral for the elderly, then they can claim accordingly within the scope of the elderly's estate. Article 1161 of the Civil Code stipulates that the heirs shall pay off the taxes and debts payable by the decedent in accordance with the law to the extent of the actual value of the inheritance.
However, the property does not have the right to dispose of it, and it should bear civil tort liability. Article 209 of the Civil Code stipulates that the creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law;Without registration, it shall not take effect, unless otherwise provided by law. Article 240 also stipulates that the owner shall have the right to possess, use, benefit from and dispose of his immovable or movable property in accordance with the law.
Regarding this incident, netizens also have different opinions. Some believe that the house should be owned by the civil affairs department, and before the civil affairs department obtains the house, it is sufficient to pay the advance fee to the neighborhood committee. As for the property management company, if the elderly have paid management fees before their death, it is within the scope of their responsibilities for the property management company to help deal with related matters. Some people also believe that since the neighborhood committee handled the funeral matters for the elderly, then the house is owned by the neighborhood committee, and the property was renovated with money without authorization, and it has no right to dispose of it, and should bear the consequences and has nothing to do with others.
In any case, this incident provokes us to think deeply about law, morality, and humanity. Hopefully, we can learn from this and better respect and uphold everyone's rights.
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