Li Rongwen said that his mother sold the house to his nephew for 100,000 yuan, and rushed to his mother angrily to question: "Why didn't you tell me and sell the house to Li Hongliang?" Aunt Liu suddenly realized that her daughter was so angry because of the house. She said impatiently: "Your brother is my only son, and I sold my house to my grandson, do I still need to report to you?" ”
Li Rong said angrily: "Mom, you are too partial, that house is half of my father's, and the estate has not been divided after my father's death, so the house should have my share, and you can't give your grandson the part that belongs to me." ”
Aunt Liu was so angry that she blushed and her neck was thick: "The married daughter can't come back with water, do you still want to come back to fight for the family property?" You don't even have the qualifications to enter the door, so leave me alone! The mother and daughter quarreled endlessly, and Li Rong finally threw the door and left angrily.
Aunt Liu thought that the mother and daughter would quarrel and forget it, but she didn't expect to be sued by her daughter in court. The news quickly spread throughout the community, and Aunt Liu felt very embarrassed that her own daughter treated her like this. The original story is this, in the 80s of the last century, Aunt Liu's in-laws were approved for a 150-square-meter piece of land, and their family built a self-built house. Only Aunt Liu's name was written on the real estate certificate. At that time, Aunt Liu felt very face-saving, because there were few real estate certificates that only wrote the woman's name. This also shows the importance of Aunt Liu in her husband's heart. After Aunt Liu's husband died, she lived in this house with her son, and her daughter came to visit her occasionally. The daughter-in-law is good and filial, so she lives comfortably at her son's house, and plans to spend her old age at her son's house.
Once, when the family was making dumplings around the dining table, Aunt Liu asked her grandson: "How is the matter between you and the object?" "Aunt Zhao is anxious to hold her grandson, so she is particularly concerned about her grandson's affairs. The grandson was very sensible and replied: "She has a condition, she hopes to live with her in-laws in the future, but I have just started working and I can't afford to buy a house yet." ”
The daughter-in-law answered: "Her request is understandable, young people want to have their own private space, and we are also tight on money, just expanded and renovated your grandmother's house." Aunt Liu saw that her grandson's object was about to give up this condition, and hurriedly said: "It's okay, grandma's house will be given to you, hurry up and get married, grandma can't wait to hold her grandson." Everyone's worries disappeared under Grandma's words, and the whole family happily gathered around the table to cook dumplings and enjoy a happy time.
However, it didn't take long for Aunt Liu and her grandson to sign a house sale contract, sell the house to her grandson for 100,000 yuan, and go through the transfer procedures. Li Rong didn't know that he heard about it in **, so he came to find his mother to theorize, but it turned out to be a lose-lose, and the next time they met was in court.
The case was soon reported, and Aunt Liu felt embarrassed and was sued by her own daughter, which was a huge blow to her life. During the trial, Lai Rong claimed that the house was part of the estate, and that she was entitled to a share of it under the law. And Aunt Liu insisted that the house was her personal property and there was no need to divide it after her death. The two engaged in a heated debate in court, and even shed tears.
The court adjourned and several judges of the review committee began to study the case and the relevant legal provisions. Lai's lawyer provided evidence that the house was purchased by her father and Aunt Liu, and that she was the legal heir to the estate.
Aunt Liu's lawyer argued that under the law at the time, the house was Aunt Liu's personal property and she had the right to dispose of it herself. In the end, the court announced the verdict after a one-week adjournment. This week, Aunt Liu was panicked day by day, and her heart was full of worries and fears for the future.
Judgment day arrived, and the trial resumed. The judge said that in this property dispute, it is necessary to weigh Aunt Liu's personal property and Li Rong's rights and interests as the heir to the estate. According to the relevant legal provisions, Aunt Liu, as the sole owner of the real estate certificate, enjoys the ownership of the property and has the right to decide whether to put it **. However, according to the evidence provided by Li Rong, the house was indeed purchased jointly by her father and Aunt Liu, so Li Rong has the legal right to inherit the property. In the end, the court ruled that Le Rong was entitled to a share of the property.
Aunt Liu watched in shock as the judge pronounced the verdict, she couldn't believe that her own daughter had won the case. Her tears could no longer be stopped, and the trauma and loss in her heart made her miserable. Lai Rong silently accepted the victory verdict, and she understood that behind it was a radical change in her relationship with her loved ones.
Aunt Shu's point of view: In this story, Li Rong expresses her dissatisfaction with her mother and her pursuit of her deserved. As a mother, Aunt Liu should take into account Li Rong's rights and interests as the only daughter, and should communicate with Li Rong when dealing with real estate affairs, rather than dealing with them arbitrarily. Li Rong's actions are to fight for his legitimate rights and interests, and there is nothing wrong with that.
Grandma Tian's point of view: As the owner of the house, Aunt Liu has the right to choose who to sell the house to. Although Li Rong is Aunt Liu's daughter, Aunt Liu, as the legal owner of the house, has the right to decide where the property goes. Li Rong no longer lived with Aunt Liu after she got married, nor did she contribute to the family, so there is no reason to accuse Aunt Liu of selling the house to her grandson. Aunt Liu may have considered Li Rong in terms of economy, but it is reasonable not to agree with Li Rong's request.
After announcing the verdict, the judge gave the following legal opinion:
1.According to Articles 17 and 18 of the Inheritance Law of the People's Republic of China, when one party purchases a house in his or her own name before or after marriage, if the husband and wife do not issue a divorce agreement at the time of divorce, and the other party does not issue a certificate to prove that he or she has rights to the house, the house is personal property.
2.However, in this case, Lai Rong provided evidence that the property was purchased by her father together with Aunt Liu and that Lai Rong was the legal heir to the estate. According to Articles 21 and 38 of the Inheritance Law of the People's Republic of China, Le Rong has the legal right to inherit the property.
3.When estimating the share of the part occupied by Li Rong, a reasonable calculation should be made in accordance with the principle of fair and reasonable distribution of the value of the property, combined with the actual situation of Aunt Liu and Li Rong's joint purchase of the property.
Such a result was a huge blow to Aunt Liu, but it also allowed her and Li Rong to regain the connection between mother and daughter. The two parties sat down after the verdict was pronounced, and through communication and compromise, they finally reached a solution that was satisfactory to both parties. Li Rong got her fair share, and Aunt Liu also retained a part of the interest in the house.
This story offers us a reflection on the importance of proper communication and compromise within the family, especially when it comes to property inheritance. At the same time, similar disputes should also be handled and resolved in accordance with relevant laws.
This story teaches us that when it comes to family property and inheritance, it is important to focus on the legal provisions to protect everyone's rights and interests. In this case, the court reviewed the evidence and rendered a fair verdict in accordance with the relevant law, ensuring that everyone's rights and interests were respected and protected.