1、 Basic case
Chen and his wife are both over eighty years old and live together with their son Xiao Chen, daughter-in-law, and grandson. Due to the renovation and renewal of old areas in Shanghai, the house where the whole family lived was demolished. They received compensation for the demolition and purchased three houses (one in Huangpu District and two in Pudong New Area). Years later, Xiao Chen passed away due to illness, but the two elderly people sued their daughter-in-law and grandson in court.
The plaintiff, Mr. and Mrs. Chen, argued that they were only aware of the disputed property and relocation fees in Huangpu District, and were not clear about the disposal of the other two resettlement houses. They believed that the two plaintiffs, as well as Xiao Chen and his wife, were the victims of the demolition of the original house and should equally enjoy the compensation benefits of the demolition of the house. Therefore, they filed a lawsuit with the Huangpu District People's Court, demanding that the two plaintiffs each be awarded 50% of the disputed property rights, and that the two plaintiffs pay a discount equivalent to 30% of the total value of the house to the defendant, Mrs. Chen.
Shanghai Li Xiaohua Law Firm has been commissioned to appoint a senior lawyer as the litigation representative for Xiao Chen's wife in a dispute over the division of shared property rights.
The lawyer listened carefully to the client's account and learned that the house where the plaintiff and defendant's grandparents and grandchildren lived together for three generations had been demolished. Chen Lao and his wife, Xiao Chen, and Chen's wife signed the "Shanghai Urban Residential House Demolition Compensation and Resettlement Agreement" with the relocation unit, which stipulated that the total compensation for various demolitions was over 1.41 million yuan, and the total price of the three houses purchased was over 1.68 million yuan, of which the disputed house price was over 1.18 million yuan. The "Confirmation Letter for Property Rights and Users of Demolition and Resettlement Housing" states that the disputed property rights holder is Xiao Chen, who signed the "House Pre sale Contract", paid the difference price, and applied for registration as the property rights holder with the trading center. The users are Mr. and Mrs. Chen, who have been living in the house since delivery. Two houses in Pudong New Area, one registered under the name of the grandson of the two plaintiffs and the other registered under the name of the defendant, have both been sold.
2、 Controversy Focus
Has the relocation benefit of the demolished house been negotiated and divided among the parties involved?
3、 Proxy Strategy
The Huangpu District People's Court held a public hearing for the trial, and the representative lawyer reviewed the evidence materials, focusing on the basic case and dispute points, and put forward the main representative opinions based on facts and laws:
The documents related to the demolition of the disputed house were signed by the son of the two plaintiffs, Xiao Chen, on behalf of the two plaintiffs. The allocation of three sets of resettlement houses in the "Demolition Agreement" and "Confirmation Letter" is the true intention expressed by the two plaintiffs, and their commission to Xiao Chen is legal and valid.
The property owner of the disputed property should be Xiao Chen, and the two plaintiffs have no right to claim rights to the disputed property. The confirmation letter not only confirms that the two plaintiffs have the right to use the disputed property, ensuring that they have a place to live and a place to take care of after the demolition of the original house, but also provides a house for their grandson to take care of the interests of their other children. During the seven years from the signing of the above documents until Xiao Chen's death, the two plaintiffs have never raised any objections to the allocation of houses in the confirmation letter.
The lawyer believes that the claims of the two plaintiffs in the joint dispute have no factual or legal basis. The court is requested to reject the claims of the two plaintiffs based on the facts of this case, in order to safeguard the legitimate rights and interests of the defendants.
4、 Judgment points
After trial, the Huangpu District People's Court believes that based on the facts and existing evidence, the three resettlement houses have been allocated as compensation benefits for the relocation of the original houses according to the content of the Confirmation Letter, and the actual price difference has been paid by Xiaochen. Although the disputed house has been determined to be owned by Xiaochen, it also guarantees the two plaintiffs' right to use the house and does not harm their legitimate rights and interests. The Confirmation Letter also confirms that a house in Pudong New Area was acquired by the grandson of the two plaintiffs. However, the two plaintiffs claim that they have never divided the disputed house and are unaware of the situation of the two resettlement houses in Pudong New Area. The evidence is insufficient, and the court finds it difficult to support this claim. Huangpu District People's Court ruled to reject the plaintiff's lawsuit request.
5、 Extended thinking
Law is a rigid scale, while family affection is a flexible temperature. In this case, the court made a judgment strictly based on the legal effect of the Confirmation Letter, upholding the principle of public disclosure and credibility of property registration, and reflecting the "spirit of contract" as the cornerstone of a rule of law society. The professional agent of Li Xiaohua Law Firm not only defended the legitimate rights and interests of the client, but also clarified the seven-year family property dispute through judicial procedures. It is worth pondering that the compensation for demolition was originally intended to improve people's livelihoods, but due to a lack of sufficient communication, it has evolved into a family lawsuit. When octogenarians go to court with their daughters in law and grandchildren, we not only see a clear definition of rights and obligations in legal procedures, but also expect family members to transcend material interests and rebuild trust bonds. Perhaps after the hammer falls, it is even more necessary to use understanding to melt the barriers - after all, houses can be divided, but blood and family are always the strongest spiritual bond.
6、 Legal link
Article 1130 of the Civil Code of the People's Republic of China stipulates that heirs of the same order shall generally inherit an equal share of the estate. When distributing inheritance to heirs who have special difficulties in life and lack labor ability, care should be taken. When distributing the estate to heirs who have fulfilled their primary duty of supporting the deceased or who live together with the deceased, they may receive more shares. If the inheritor who has the ability and conditions to support fails to fulfill the obligation of support, the inheritance shall be distributed without or with less distribution. If the heirs agree through negotiation, it may also be unequal.
(The characters involved in the article are all pseudonyms)