Father over 100 years old, but because of the real estate and pension passbook and son to court? Recently, such a case occurred in Yuexiu District of Guangzhou City.
After the first instance was rejected, Chen Bo (alias) and his eldest son A Jia sought assistance from the Guangzhou Legal Aid Department in the hope of getting back their property certificates and pension passbooks. In response, the youngest son, A Yi, said that the property certificate and other documents were kept when his father was still conscious, and his father was in hospital. He said that his father was unconscious and that the lawsuit was actually a big brother coveting his fathers property.
At present, Guangzhou Legal Aid Department has intervened in this case. According to the relevant person in charge, in recent years, many elderly people like Chen Bo have come to help the elderly. The data show that in 2018, more than 20,000 cases were assisted by the Guangzhou Municipal Government and 43,275 legal consultants were provided. Among them, 172 cases of legal aid for the elderly were undertaken, and nearly 2,000 people came to seek legal advice.
On the morning of February 28, lawyers from Guangzhou Legal Aid Department came to communicate with Chen Bo.
Centenarians sue their youngest son
The alleged unconsciousness was rejected
Chen Bo, a 100-year-old pseudonym, has a wish to return to his ancestral home in a hundred years. For this purpose, the old father had to go to court with his little son.
Originally, Chen Bo, a Guangzhou native, had four children, of whom the second and third were sons. Chen Boming has four real estate, all located in Yuexiu District. Although the real estate is under Chen Bos name, four real estate certificates and Chen Bos pension card issuance, deposit passbook, etc. are not in the hands of the elderly, for many years has been managed by his younger son A Yi.
Old people have a high age, real estate certificates, bank cards and other important property entrusted to the custody of the youngest son, this is not to blame, why the two sides will be Bogong?
According to Chen Bos complaint, the youngest son took advantage of his disability and temporarily stayed at his eldest sons home, and unauthorized clearance of property certificates, bank cards and other property stored in his old house. According to the civil verdict of the first instance of the case, in 2017, Chen Bo wrote to his children asking for the return of property, but received no reply. He filed a lawsuit in frustration.
In the first trial of Yuexiu District Peoples Court, the youngest son, A Yi, questioned whether the lawsuit was the real meaning of his father. He said that his father is 100 years old and unconscious. He also said that the father and son are deeply emotional and take care of their fathers diet and daily life all the year round. All the above belongings are entrusted to the custody of the father when he is conscious.
Finally, Yuexiu District Court ruled that Chen Bos lawsuit was dismissed because Chen Bo was old and had deficiencies in cognitive ability. He could not express his intention clearly, and his agent was not his legal guardian. He could not prove that the lawsuit in this case was his true consciousness.
The two sons have different opinions:
The eldest son said his father still had a clear mind.
The youngest son is the eldest brother covets his fathers property.
It is understood that Chen Bo has been living in Guangdong Social Welfare Service Center for nearly 12 years, recently taken care of by his eldest son A Jia. Every morning around 7:30, Chen Bo, with the help of nurses, washes up and waits for his private fellow breakfast in a wheelchair. The 67-year-old son, A Jia, rode an electric bicycle to the nursing home, bringing dumplings, eggs and milk to his father.
When the case was decided at first instance, A Jia angrily said, Although his father is old, his thinking is still clear, but he is not good at expressing himself in strange circumstances. According to reports, Fathers brain is still very flexible, playing cards can also rely on their own to win, social workers in nursing homes can testify.
In this regard, the youngest son A Yi told Nandu reporters in an interview that his fathers pension and real estate certificate are currently in his custody, and revealed that the real estate certificate is my fathers custody before he lives in a nursing home, and now I cook soup to visit my father every week, and every expenditure of my father also has a bill record. A Yi emphasized that the prosecution was not his fathers real sense, but his eldest brother A Jia coveted his fathers family property, thus replacing his fathers forgery of the indictment. He said that he would contact Guangzhou Legal Aid Office as soon as possible to communicate the relevant information.
Guangzhou Municipal Law Aids to Open Green Channel Door-to-Door Communication
Nandu reporter learned from Guangzhou Legal Aid Department that Chen Bo has appealed to Guangzhou Intermediate Peoples Court and sought legal aid from Guangzhou Legal Aid Department.
Due to Chen Bos disability level II and inconvenience in movement, Guangzhou Legal Aid Office opened a green channel. On the early morning of February 28, Deng Zhixiang, a lawyer of Guangzhou Legal Aid Department, and Meng Guihong, a lawyer of Guangdong Hongcheng Law Firm, came to visit Chen Bo to communicate with him. Do you want to take your real estate certificate back from your younger son? Do you want to restore the house to its original state? Are you going to entrust a legal aid lawyer to represent your case? At the meeting site of the 11th floor activity area of the Eating Area of Guangdong Social Welfare Service Center, the legal aid staff first confirmed Chen Bos complete behavior ability. After on-site confirmation by aid lawyers, although Chen Bo has a high age and is not good at expressing himself, he can clearly answer many positive and negative questions of staff members.
In view of Chen Bos full compliance with legal aid conditions, lawyer Deng Zhixiang accepted Chen Bos application for legal aid on the spot, and informed him of the difficulties and possible litigation risks in obtaining evidence in this case. Chen Bo signed the Application Form for Legal Aid and Letter of Attorney for Legal Aid Authorization and other documents.
On the afternoon of March 5, Nandu reporters learned that the lawyers of Guangzhou Legal Aid Department had contacted the Economic Approach Officer of Guangzhou Intermediate Court to read the papers.
Nearly 2,000 elderly people in Guangzhou sought legal aid last year.
According to the person in charge of Guangzhou Legal Aid Department, in recent years, many senior citizens like Chen Bo have come to help the elderly. Every working day, there are people in need and special groups who come to seek help. Some of them are living in extreme poverty, some have language behavior paranoia, bad mood, and even have mental disorders. We usually try our best to arrange for these recipients. Psychological counseling experts intervene in counseling, strive to solve the `heart knot, stop visiting and stop complaining. For those who are inconvenient and unable to come to apply in person, we will send someone to accept the application for legal aid. The person in charge said.
The data show that in 2018, more than 20,000 cases were supported by the Guangzhou Municipal Government, and 43,275 legal consultants were provided. Among them, 172 cases of legal aid for the elderly, 1969 cases of legal counseling for the elderly, 184 cases of legal aid for the disabled, 266 cases of legal counseling for the disabled.
Source: Yang Yi_NBJ10647, Responsible Editor of Southern Metropolitan Daily