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A brief description of the case
This case is a bequest dispute, and Zhu 1 of our party ** is the defendant. Zhu and Zheng were originally husband and wife, and they had two sons, Zhu 1 and Zhu 2; Zhu 3 is the son of Zhu 2. In 1991, the court ruled that Zhu and Zheng divorced, and Zheng did not remarry.
On August 9, 2021, Zheng passed away, and there is a house No. 56 in Shijingshan, Beijing, under his name, and now Zhu Mou3 claims that his grandmother Zheng Mou knew that he died soon after on August 7, 2021, and called Zhu Mou3 home to hand over the "self-written certificate" to Zhu Mou3.
The "certificate" states that Zheng voluntarily gave one-third of House No. 56 to his grandson Zhu 3, and the payment was made on June 30, 2021. On August 19, 2021, Zhu Mou3 notified Zhu Mou1 and Zhu Mou2 to assist him in confirming and transferring the ownership of the real estate certificate, but several people could not reach an agreement. Therefore, Zhu X 3 filed a lawsuit and requested the court to make a judgment to confirm that Zhu X 3 was entitled to one-third of the share of House No. 56, and the defendant assisted in the procedures for changing the ownership of the house.
Zhu X 1 did not agree with Zhu X 3's claim and questioned the legal effect of the "certificate". In order to protect his legitimate rights and interests, Zhu Mou1 entrusted lawyer Yu Dawei of Henglu Law Firm to help protect his rights.
A lawyer intervenes
After taking over the case, after detailed communication with the parties and combining relevant evidence materials, the lawyer learned that Zheng, Zhu1, and Zhu2 had signed a copyHousing Confirmation AgreementIt is agreed that the house shall be jointly owned by the three parties, and no unilateral party shall dispose of it alone. In addition,According to the diagnosis issued by a hospital in Beijing on December 4, 2020, Zheng has cognitive impairment and dementiaTherefore, Zheng did not have full civil capacity when he wrote the will on June 30, 2021, and through the ** submitted by the plaintiff, Zheng was in a bad mental state at that time, emotional, and there was someone to guide him.
During the trial, Henglu's lawyer pointed out that he did not agree with the plaintiff's claim and requested the court to reject it.
Housing Title Confirmation Agreement
On January 28, 2017, Zheng, Zhu1, and Zhu2 signed a house ownership confirmation agreement, stipulating that the house involved in the case was jointly owned by the three parties, and no unilateral party was allowed to dispose of it alone.
The Agreement is null and void
Although the plaintiff submitted a certificate stating that one-third of Zheng's share was given to the plaintiff, we believe that the certificate is invalid, and on December 3, 2020, Zhu XX1 accompanied ZhengA hospital in Beijing diagnosed cognitive impairment, emotional impulsivity, and dementia, so Zheng's proof was invalid, and the house involved in the case should be jointly owned by the two defendants, each accounting for one-half of the share.
and applied to the court to evaluate whether Zheng had civil capacity during the period of making the will on June 30, 2021In the end, the appraisal opinion was that Zheng did not have full civil capacity during the making of the will on June 30, 2021.
Verdict
Zhu X 2 and Zhu X 3 did not agree with the appraisal opinions, and then the appraisal personnel appeared in court to be questioned and answered the questioned questions one by one.
After trial, the court held that Zhu X 2 and Zhu X 3 claimed that the appraisal basis was insufficient and the appraisal conclusion was wrong, but they failed to provide effective evidence to overturn it, so the court did not adopt their opinions. Because Zheng did not have full civil capacity when he made his will on June 30, 2021, the will he made was invalid, so Zheng's estate No. 56 house should be treated as legal inheritance. Zhu X 1 and Zhu X 2 stated that they were unable to pay the discount, so this court only confirmed the share of the house involved in the case in accordance with the law in this case, and did not carry out the actual division.
In summary, in accordance with the relevant provisions of the Civil Code, the judgment is as follows:The No. 56 house registered in Zheng's name in Shijingshan District, Beijing, is inherited by Zhu X 1 and Zhu X 2 according to their shares, each accounting for one-half of the share, and the two parties will assist each other in handling the registration procedures for the transfer of house ownership within seven days.