Case 1: grandson? Daughter? Who inherited the public houses of the deceased employees?
Mr. Yang came to Shijiazhuang from 1995 to 10 to take refuge in his grandparents who worked in the factory and settled in Shijiazhuang. Since Yang has no job and no house, he lives with his grandparents and aunt in the public housing allocated by his grandfather's unit. 1996 In May, Mr. Yang's grandparents died one after another, and his aunt moved out. 1997 grandpa yang's unit sold the public house where he lived. Because of the emergency at that time, the factory asked Grandpa Yang to buy the house. 1999 a real estate company engaged in development, and Grandpa Yang's house was demolished. The real estate company compensated Yang for tens of thousands of yuan. After learning about it, Yang's aunt thought that the house should belong to her, on the grounds that after her parents, that is, Mr. Yang's grandparents died, only she had the right to inherit the public house where her father lived before his death. Mr. Yang thought he was his grandfather's cohabitant before his death. According to China's "Regulations on the Management of Private Houses in Cities", Yang, as a cohabitant, has the right to continue to lease the public house where he lives. After the lease relationship is formed, he can buy the public house in his own capacity. Therefore, Yang enjoys the ownership of the house.
So who is more qualified to inherit the ownership of this house, Mr. Yang or his aunt?
Lawyers believe that it is wrong for Mr. Yang to cite the provisions of the Regulations on the Administration of Private Houses in Cities to explain his right to inherit houses. This regulation is a regulation to adjust the lease relationship of private housing, and this case involves the sale of urban public housing, so the relevant laws, regulations and policies in the process of urban housing system reform in China should be applied. Article 28 of the Regulations on the Administration of Urban Public Housing stipulates that if the lessee dies within the lease term and his family members who have lived together for more than 2 years are willing to continue to perform the original contract, they can go through the formalities of renaming. This shows that as a cohabitant in the sublease relationship, at least three conditions should be met: one is a family member, and the other is a family member who has lived with * * * for more than 2 years; The third is to go through the formalities of renaming. Only by meeting these three conditions can we enjoy the relevant rights arising from the lease relationship. Obviously, Mr. Yang doesn't have the status of cohabitant, so naturally he can't exercise his corresponding rights. The dispute between Mr. Yang and his aunt belongs to the situation in the process of selling public houses in the reform of urban housing system in China. According to the national housing reform policy and the Interim Measures for the Sale of Public Housing, there are two conditions for buying units to sell public houses: first, employees; The second is to have a fixed residence. Mr. Yang is not an employee of this unit and cannot buy his grandfather's unit housing; Moreover, the attitude of Grandpa Yang's unit is also very clear: Yang only represents the rights of the Yang family and does not recognize Yang's right to buy a house. The measures also stipulate that after the death of the purchaser, the successor or legatee will inherit the corresponding rights and obligations. According to this provision and a lot of judicial practice, buying public houses has become an independent civil right. When the obligee dies, he becomes the right of inheritance, which shall be exercised by his legal successor or legatee according to legal procedures. According to the Inheritance Law, only Grandpa Yang's heirs have the right to buy the house, and Yang, as the second heir, has no right to monopolize and dispose of the public houses purchased in his grandfather's name as the owner. No matter from the lease relationship or inheritance relationship, Yang has no right to buy the house in his own name, and he has no right to dispose of the house without authorization. Yang's behavior is only an agent or an advance payment behavior, and it cannot necessarily obtain the ownership of the public housing in this case. For Yang's current housing compensation, the balance after deducting his advance payment should be taken as an inheritance and divided among legal heirs such as Aunt Yang according to law.
Case 2: Is the resettlement money for public housing demolition an inheritance? The court gave a clear opinion that the demolition of public houses belongs to inheritance and should be inherited according to the legal first inheritance order.
As we all know, public houses can't be inherited, so can the demolition and resettlement funds of public houses be inherited? Recently, the People's Court of Heping District, Tianjin gave a clear answer to the judgment of the case of Lu Jiasan's sisters v. Brother Lu's inheritance.
Mou Xing's wife, Mr. Lu Lao, who died at an early age, has four daughters and a son. Xing has been renting in a public house for many years. At the end of September 2004, when the building was demolished, Xing's son, Lu Mou, signed a compensation and resettlement agreement with the demolition and resettlement department on behalf of his mother, and received a compensation of 6,543,800 yuan+0,387,000 yuan from the demolition department. During the National Day, Lumou replaced a public house with 1.32 million yuan, and the lessee wrote it in his own name. 65438+ In early February, Xing died. Because of different opinions on the compensation for house demolition and resettlement, Xing's three daughters took her younger brother Lu to court and demanded to inherit the compensation for house demolition and resettlement under her mother Xing's name according to law. Xing's other daughter made it clear that she gave up her inheritance right. The plaintiff said angrily in court that Lumou handled his mother's demolition money privately and bought a house with his mother's money. The lessee also wrote in his own name, depriving his mother of her right to housing before her death, against her will. They believe that since their mother has passed away, the compensation for house demolition and resettlement, as their mother's legacy, of course they have the right to inherit according to law.
Xing's son Lu explained in court that his mother told his brothers and sisters many times before her death that he was the only son of the Lu family. She will buy another house near her son's home, and when she buys the house, it will fall directly under her son's name, saving the money and trouble of transferring ownership after a hundred years. So, my mother gave him all the building procedures and gave him full authority to handle the demolition and purchase. In order to let his mother live in a house with heating in winter, he quickly changed to a public house after receiving the compensation for demolition and resettlement, and rented it according to his mother's wishes, in order to make the elderly live comfortably and warmly. It's a pity that my mother died and can't live in the house she bought. According to this, Lu argued that the mother had disposed of the compensation for housing resettlement before her death, so the inheritance object advocated by her sister did not exist. Moreover, the mother rents a public house, and the property right does not belong to the individual. Therefore, the right to use the house based on house leasing cannot be included in the inheritance, and the monetary compensation generated by the demolition of public houses should not be included in the inheritance. To this end, Lu asked the court to find out the facts, respect the true meaning of the elderly, and reject the claims of the three sisters.
The court ruled in the first instance that the compensation for the resettlement of public houses rented by the deceased Mou Xing should belong to Mou Xing's personal property before his death. Since Xing has died, the compensation for demolition she left is138,700 yuan, which should be inherited by her children in the legal first inheritance order. In the case of ternary lawsuit, the defendant, as the legal heir in the first order, should deduct nearly 10,000 yuan from the medical expenses and funeral expenses paid by the defendant for Mou Xing, and the balance will be inherited by both parties in the same amount. The defendant Lu will pay 32,500 yuan to each of the three sisters.
Case 3: After the public house rented by parents was demolished by Xue family in Beijing, there was a dispute over the distribution of demolition funds.
Shi Xue, the father of the five brothers, died many years ago. His father used to be an employee of a university, but after his death, his family lived with him. In order to prevent family problems, Shi Xue, two brothers, wrote a memorandum, the general content of which is as follows: Because there are few opportunities for the five children to get together in the workplace, some problems left over have not been properly and thoroughly handled, and some problems have not been touched by the five children. Now that all five children are in Beijing, they have the conditions to deal with these problems. In order to maintain and carry forward the excellent family rules of the Xue family, such as friendship, unity, mutual trust, mutual love, respect for the elderly and love for the young, and create conditions and environment for the next generation to get along with each other, inheritance matters should be handled with the purpose of fairness, justice, comprehensiveness, rationality, legality, family unity and prosperity. In the spirit of maintaining and developing the precious family relationship between us. After friendly negotiation of five children, the following understanding was reached: 1. According to Article 9 of the Inheritance Law, men and women are equal in inheritance rights. Article 15 Heirs shall handle the issue of inheritance through consultation in the spirit of mutual understanding, mutual accommodation, harmony and unity. The time, method and share of estate division shall be determined by the heirs through consultation. If negotiation fails, the people's mediation committee may mediate or bring a lawsuit to the people's court. Our five children carry forward the fine traditions of the Chinese nation and are friendly, United and harmonious, setting an example for future generations. Take care of this 2. According to the provisions of Article 3 of the Inheritance Law, inheritance is the personal legal property left by a citizen at the time of his death, including: (1) the income of a citizen; (2) Houses, savings and daily necessities of citizens; (3) Citizens' trees, livestock and poultry; (4) Cultural relics, books and materials of citizens; (five) the means of production that the law allows citizens to own; (six) the property rights in the copyright and patent rights of citizens; (7) Other lawful property of citizens; The five children agreed as follows: (1) Opinions on the residence, use and disposal of two houses in Dongsi Yuqun Hutong 12 where Dad lived are as follows: (1) These two houses belonged to public houses allocated by the unit before Dad died. 9 1 May 19 5 The children agreed that since Xue has been living with his grandfather, he can continue to use one room, and the other room is occupied by other members according to difficulties. But this did not happen afterwards, and Xue and he lived alone. He won't let others live. During this period, the lessee changed to Xue et al. without the consent of the five children. Now Xue has bought a house for him. The house should belong to other children. ② The further handling and subletting of the house shall be decided jointly by five children in accordance with relevant laws. If the house is demolished, according to the relevant legal cases, the house should be regarded as the father's inheritance, and the compensation should also be inherited as an inheritance, which should be shared by the five children. When my mother 1980 died, she had a deposit of 2000 yuan. Father 1985 monthly salary 270 yuan, 9 1 annual deposit 1 10,000 yuan, which is normal. There can't be only a deposit of 600 won. Do a good job in the analysis, investigation and handling of dad's deposits. (3) The priced goods and funds should be in place. (4) Further clean up the unmarked antiques, stamps and other heritages left by Dad, and hand over the above items to Xue Shouyu for summary, list and calculate the price as the basis for the five children to deal with. 5] Deal with the remaining problems as soon as possible without delay. Signed by five children. In September 2008, when public houses were demolished, Xue got a million yuan compensation, and other family members demanded distribution. Xue said that the house has been registered in my name and others have no right to divide it, so other family members sued for payment. The reason is that in February 2008, the Dongcheng District Government of Beijing decided to set up the Dongcheng District Government Emergency Command Center, and demolished the Dongsi Yuqun Hutong 12 house allocated by Beijing Institute of Technology (12) to the plaintiff's father. 1950 to 199 1 years ago, father, mother and plaintiff lived together, and mother died on 198 1 year 1 1 month. The scope of this demolition includes the welfare house of the plaintiff's father and ancillary houses such as self-built houses and kitchens. The compensation for demolition was * * * 6.5438+0 million yuan, which should be divided by the plaintiff according to the inheritance law, but the defendant accepted and possessed it all. When the plaintiff claimed to return the demolition money to the defendant, the defendant refused and said that he would go through legal procedures. After the death of the plaintiff's father, the whole family reached a memorandum and signed it, in which the agreement on the property was that one of the two rooms was temporarily used by the defendant, and the other room was arranged by others to take care of five children according to the difficulty of life, and other ancillary areas were used together. At the time of demolition, the house compensation is inherited as an inheritance, which is shared by five children. When the family agreement was concluded, the defendant already owned his own private property house 150 square meters, and the plaintiff negotiated to move in according to the situation, and the defendant strongly opposed it. The defendant's behavior violated the plaintiff's right to exist, and the compensation for this demolition was not distributed to the plaintiff after the defendant took it back. According to the Inheritance Law, after the death of the plaintiff's father, the compensation for the welfare house allocated to his father by his father's unit belongs to the family property left by his father Xue Xiru. According to the law, it is inherited by the first heir. At the same time, according to the housing reform policy and relevant laws and regulations, the plaintiff enjoys the right to live and transform the welfare house allocated by his father's unit, and the defendant's unauthorized possession of the compensation for demolition infringes on the plaintiff's legitimate rights and interests. According to the relevant provisions of the General Principles of the Civil Law and the Law of Inheritance, we hereby file a lawsuit for payment with your hospital, requesting your hospital to support the plaintiff's claim according to law. The defendant argued that the plaintiff had no right to divide the house on the grounds that the house had been rented by him and the compensation was paid to the lessee. The plaintiff neither lived together nor had a lease agreement, and asked the court to reject it.
According to the Beijing Demolition Management Regulations, after the rented public houses are demolished, the cohabitants of * * * have the right to share the compensation for demolition and sue the public houses rented by the plaintiff's father. According to the housing reform policy of the State Council, the lease of self-occupied office buildings belongs to the welfare nature, and the lessee and his family enjoy the right to housing reform. The Property Law also stipulates that the right of residence is a legal property right. After the death of the original lessee, his family members have the right to expect housing reform. In this case, the plaintiff * * * signed an agreement, demanding that the demolition money be treated as an inheritance. Therefore, the plaintiff's appeal should be supported. After the death of the plaintiff's father, the compensation obtained after the demolition of the original rented public house should be regarded as an inheritance and can be distributed among the legal heirs according to the inheritance law.