Beijing area demolition compensation housing inheritance cases, want to hire a lawyer, looking for a lawyer.

In order to protect the privacy and safety of the parties, all the parties in this article use pseudonyms.

Case introduction:

Gao and He Dongsheng are husband and wife, and they gave birth to He Dong, He Luhe. He Dongsheng died on May 3, 2002. On March 1 1, 2004, Gao signed the Commercial House Sales Contract with a real estate company in Beijing, stipulating that Gao would buy the disputed house. On August 17, 2008, a notary office in Beijing issued a notarial certificate, the main content of which was: "The successor Cha Dongsheng was born in Beijing on May 3, 2002 and died of illness. After his death, his wife Gao left a house. The decedent died intestate, and both parents died before the decedent. According to Article 5 and Article 10 of the Inheritance Law, the above-mentioned inheritance of the decedent He Dongsheng should be inherited by his wife Gao, his children, He Lu, He Dong * * *, and now his four children voluntarily give up the right to inherit He Dongsheng's inheritance, so He Dongsheng's above-mentioned inheritance should be inherited by his wife Gao. "

On June 5438+February 65438+February 4, 2009, the disputed house obtained the property ownership certificate, and the owner of the house was artificially high. 2012165438+1October 29th, Gao died of illness.

After Gao's death, He Dong, He Lu had a dispute over Gao's inheritance. On 20 15, 1 Jiang, He Lu, appealed to the court, asking the court to order the disputed house to be owned by He Dong, and others helped to handle the house ownership transfer procedures.

Trial process:

In the trial of this case, he voluntarily renounced his right to inherit the high estate, and his share due according to law was equally distributed by He Dong and He Lu.

During the trial, He Dong said that according to Gao's personal will, the disputed house should be owned by him personally. In this regard, He Dong submitted a written document dated 201211.0614 to the court, which read: "He Dong, my son, you have the house. High (here, high fingerprints are restrained). 12165438+10/4, Zhang. " He Lu recognized that the signature of this material was signed by Gao himself, but did not recognize that other contents were written by Gao, nor did he recognize that the fingerprint was pressed by Gao, and said that this material did not specify that the disputed house belonged to He Dong.

On the other hand, according to He Lv's will, the disputed house should be distributed equally among the four children. In this regard, Xiao Shenyang and He Lu submitted a will dated 2012165438+129 October to the court, with the following contents: Abandon the will made before. My inheritance is divided equally by my four children. Place of will: a hospital. Time: 2012165438+1October 29th. Testator: (handprint here), witness: Wang Qi. Witness: Lu. Witnesses: Xiao Shenyang and He Lu. "He Dong said that he did not recognize the authenticity of the will, and said that the will was not signed with high signatures, and it was impossible to verify whether the fingerprints were pressed with high signatures.

He Lu applied for a witness, and Lu testified in court on the will of 20 12. Lu testified in court that they were neighbors of Gao, and they were invited to the hospital on165438+June 29th, asking Gao to write a will when he was more conscious at that time, with the content of Gao's legacy. After writing the book on behalf of Gao, he read it out for Gao. When Gao signed, Gao said that he pressed the fingerprint, so he held it down with his right index finger. He Lu, Lu and Zhang were present when he made his will, and he wrote it at about 10 in the morning. More than 3 pm on the same day.

He Dong denied the testimony of witnesses and Lu.

He Dong complained that he lived with Gao for a long time and fulfilled more support obligations. In this regard, He Dong submitted the certificates issued by 20 14 and 165438 community neighborhood committees. The content of the certificate is to prove that He Dong is a resident of this community, and his family was rated as one of the five best civilized families by the North Community Neighborhood Committee in 20 1 1 2. At the same time, the property management department's certificate was submitted, which proved that He Dong and Sun lived in Building 5, and her mother-in-law lived with He Dong and Sun all the time before her death, and the property fees were always paid by He Dong and Sun. He Dong and Sun usually take good care of Gao.

Small Shenyang and He Lu do not recognize the authenticity of the real estate license, but recognize the authenticity of the neighborhood Committee's certificate, but said that the selection of five good families has nothing to do with He Dong.

He Dong applied for a witness, Deng Qi, to testify for his support. They said that He Dong and his wife Sun took good care of Gao. The testimony of the above-mentioned witnesses Xiao Shenyang and He Lu will not be accepted.

Test results:

After hearing the case, the court of first instance ruled that:

The disputed houses under Gao's name are owned by He Dong, He Lu, with He Dong accounting for 40% and He Lu accounting for 30% respectively.

After the judgment of the first instance, He Dong refused to accept the judgment of the first instance and appealed to the court of second instance. After trial by the court of second instance, the court of second instance ruled that:

Reject the appeal and uphold the original judgment.

Comment on the case of Jin Shuang, an inheritance lawyer;

Jin Shuangquan, a real estate testamentary succession lawyer, believes that after the inheritance begins, it shall be handled in accordance with legal inheritance; If there is a will, it shall be inherited or bequeathed according to the will.

In this case, He Dong advocated dividing the house according to Gao's handwritten will dated 20 12 16 5438+04, but the word will was not seen in the materials from beginning to end, and how to deal with the estate after death was not clearly stated. Since the house is only mentioned to you, it is impossible to confirm that the ownership of the house has been punished. Based on this, it is impossible to identify handwritten materials as wills, and the court cannot divide the disputed houses accordingly.

And He Lv advocated that the house should be divided equally according to Gao's will, but the will should be signed by the owner, other witnesses and the testator. The will of 2012165438+129 October did not have a high signature, which did not meet the formal requirements of testamentary proxy, and the date of the will was a high death date.

Because He Zhou has given up his right of inheritance, his share in the division of the estate should be shared equally by other heirs. In the trial, the court found that He Dong lived with Gao * * * before his death, and the relevant evidence submitted by He initially proved that he had done more support obligations during his life with Gao * * *. Although Xiao Shenyang and He Lv didn't realize this, they didn't provide evidence to the contrary to refute it. Therefore, according to the ascertained facts, the court determined that He Dong should have more shares when dividing the estate, and the multiple shares determined by the court were 10.

To sum up, the court's decision is correct.