Compensation for demolition of ancestral houses is nearly 2 million yuan / grandpa gives his grandson 600000 yuan and is the defendant?

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 Compensation for demolition of ancestral houses is nearly 2 million yuan / grandpa gives his grandson 600000 yuan and is the defendant?


In Ningbo, Zhejiang Province, the 76 year old couple lived in the ancestral house with their grandson, Xiao He. They had a good relationship all the time. Two years ago, their grandson married his daughter-in-law and added his great grandson. The family of five lived a happy life. However, such a day was broken because of a house demolition.

Mr. and Mrs. he and his grandsons family are all registered in the same household register. Three years ago, Lao hes ancestral house was listed in the demolition plan, and the compensation for demolition was nearly 2 million yuan. After the demolition, Lao he gave Xiaohe 600000 yuan.

The two sides quarreled for many times over the allocation of demolition funds, and the relationship once fell to an ice point.

In May 2019, Xiaohe couple and their young son filed a lawsuit with Ninghai County Peoples court in Ningbo, Zhejiang Province, asking Laohe couple to pay more than 800000 yuan for demolition.

Family disputes are often incessant and disorderly. Both parties are originally one family. If the court only makes a judgment, but does not resolve the knot, it is not conducive to the resolution of the dispute, but more likely to intensify the conflict, resulting in the situation of broken family relationship. For this reason, the handling judge carefully combs the case, organizes the grandparents and grandchildren to mediate for many times, and analyzes the case from three aspects of situation, reason and law.

For the demolition money Xiaohe tried to win, the judge calculated two accounts for him.

One is legal account: the ancestral house is the property of Lao he and his wife. The demolition money is first the interest conversion of the house value, and the rest of the multi compensation part is the common property of the family, which can be divided among the members of the family. After calculating this part, the small family can finally get no more than 600000 yuan given by Lao he.

A kinship account: the four generations of heirs and grandchildren of Hei He have been living together for a long time. They have a deep emotional foundation. Now, Lao he and his wife are old enough to pursue family harmony and health. Whether its demolition money or resettlement houses, they will eventually belong to Xiaohe through inheritance. If the family relationship is broken as a result, its not worth the loss.

The strike while the iron is hot. The judges took the opportunity to find the village cadres in the village where they were located and mediate mediation in the village. Finally, they resolved the knot of the two sides and made their grandchildren return to their good home.

The old man agreed to make a will. One hundred years later, the house to be demolished and resettled was inherited by his grandson, Xiao He. Sun Tzu said he would be filial to his grandparents in the future and let them enjoy their old age. He applied to the court to withdraw the lawsuit.

As the saying goes, it is the traditional virtue of the Chinese nation to be filial first, to be a man in advance and to respect the old and love the young.

Looking at all kinds of human behaviors, we can only live up to our familys affection. No matter the elder or the younger, we should keep watch and help each other and cherish the present.

News Zhiduo

In China, inheritance is divided into legal inheritance and testamentary inheritance.

Recently, the draft of succession of the civil code expanded the scope of the legal heirs, adjusted the system contents such as the loss of inheritance right and subrogation inheritance, added the legal forms of printing wills and video wills, increased the system of the administrator of the estate, the selection process, the rights and obligations, and cancelled the priority rules of the effectiveness of notarized wills.

Compared with the current inheritance law, on the basis of maintaining the original scope and order of the legal successors, article 907 of the draft code of succession of the civil code adds the scope of application of subrogation inheritance, which is specifically modified as: if the brothers and sisters of the decedent die before the decedent, the children of the brothers and sisters of the decedent shall inherit by subrogation. That is to say, the nephew and nephew of the decedent are also included in the scope of subrogation.

So the best way to avoid the inheritance dilemma is to do a notarial will when the old man is alive.

A will must be professional and valid

How to make sure the will is not invalid?

One

Seek professional guidance

To make a will, it is necessary to prove that the testators mental state is normal and he is a person with full civil capacity. In order to prevent the invalidity or blemish of self written will, it is better to seek professional guidance when making self written will.

Two

notary testament

According to the inheritance law of our country, the testators notarized will shall be handled by the notary organ, and there shall be witnesses in the presence of the testators written and recorded will. This provision provides guarantee for the heir to inherit according to law, and also ensures the legal effect of the will. The cost of notarization of will is also relatively low. If it is handled in Guangzhou notary office, it is only hundreds of yuan.

On the form of a qualified notarized will

What should we pay attention to?

At present, the basis for notarizing a will mainly includes the inheritance law of the peoples Republic of China, the Notarization Law of the peoples Republic of China and the detailed rules for notarizing a will formulated by the Ministry of Justice (Order No. 57 of the Ministry of Justice). Among them, the detailed rules on Notarization of will specifies the formal elements of notarized will:

1. Jurisdiction of notarization of will

The notarization of a will shall be under the jurisdiction of the notary office of the place where the testator has his domicile or where the testamentary act takes place.

2. The testator handles it in person

The testator shall file an application in person at the notary office. If it is difficult to do so in person, the testator may request in writing or orally the notary office with jurisdiction to assign a notary to his domicile or temporary place.

3. Notaries make conversation notes

The record of conversation shall focus on the physical condition, mental condition, family members, disposition of property, the draft of will or will provided or the expression of intention to dispose of the property, whether the executor and the basic information of the executor are formulated, etc.

The transcript of the conversation shall be read to or read by the testator on the spot. After the testator has no objection, the testator, notary public and witness shall sign on the transcript.

4. Recording and recording

If the will or draft will provided by the testator is amended or supplemented, it shall be checked and signed by the testator after being sorted out and transcribed.

If the testator fails to provide a will or a draft of the will, the notary may draft the will on behalf of the testator according to his will. A will made by a notary on his behalf shall be checked and signed by the testator.

6. Form of notarized will

The notarized will is printed. After checking the original will, the testator shall sign the printed notarized will. If the testator is unable to sign or has difficulties in signing, he may seal his signature on the application form, record and will. If the testator is unable to sign or has no seal, he shall seal his signature or seal by hand.

7. Requirements of Notaries

(1) Notarization of a will shall be conducted jointly by two notaries, one of whom shall sign his name on the notarial certificate. If a notary is to handle the case due to special circumstances, a witness shall be present, who shall sign the will and the record. The provisions of Article 18 of the inheritance law of the peoples Republic of China shall apply to witnesses and testamentary agents.

(2) If a notary is a party or a close relative of a party, has an interest in this notarial matter or has other relations that affect the correct handling of the certificate, he shall withdraw himself or the party shall apply for his withdrawal.

Three

Put in storage to make a will

Now it is also popular to make wills in the library. There is a rigorous procedure for making wills in the library. Generally, there are two witnesses to witness the scene, and the whole process is recorded and videotaped at the same time. When the old man comes to check, he will press the fingerprint and sign for confirmation, and then seal it face to face. These wills will be strictly preserved by means of fingerprint scanning, on-site image, electronic scanning, file archiving and sealed storage. The wills established in this way have higher legal effect.

On the issue of the validity of wills, lawyer Lian Gaobo said: with the last will, (as) this kind of effective will in these wills, its formal elements are very complete wills, and this advantage is to respect the real intention expression made by the parties at last.

(function(){( window.slotbydup=window .slotbydup||[]).push({id:u5811557,container:ssp_ 5811557, async:true }In Guangzhou, the elderly can go to two places to make a will. All of them can provide consultation, registration and custody services for the elderly over 60 years old in Guangdong. Including the southern Guangdong will center and the Chinese will bank in Guangdong branch. Address of Nanyue Testament Center: C020, Zone E, third floor, cultural plaza, No.1 Huadi Avenue, Liwan District, Guangdong Branch of Zhonghua Testament Library (the first registration center of Guangdong Testament Library) address: Guangdong Branch of Zhonghua Testament Library, No.60, Mingyue 1st Road, Yuexiu District, Guangdong Branch (the second registration center of Guangdong): room 2622, building a, baoliluowei Zhongjing building, No.406, Huasui Road, Tianhe District, Guangzhou, Guangdong Province When the demolition, the son can approve the house base, but the daughter cant? A TV program case triggered a controversy of 1.2 million u33a1! Nanjings massive demolition has brought a huge wave of peoples value soaring. Source: Zhang Tianqi, editor in charge of Guangzhou Daily_ NBJ10752

Address of Nanyue will center:

No.60, Mingyue 1st Road, Yuexiu District

Guangdong Branch of Zhonghua testamentary Bank (Guangdong second registration center):

Room 2622, block a, baoliluowei Zhongjing building, 406 Huasui Road, Tianhe District, Guangzhou, Guangdong Province