Live in Ms. Li with Fuzhou a mountainous area storehouse to be mirrorred to us, the house of own grandmother was delimited the limits that tear open change, ought a successive house encountered Ms. Li to bother however, often enter even this curtilage now did not go, how is this to reply a thing after all?
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Ms. Li tells a reporter, before this is located in storehouse of the Fuzhou City what a mountainous area Gai Shan presses down leap forward village is old curtilage former the grandmother that is her is in live, nevertheless now, these a few houses had been gate close lock, and those who locked up a door is Ms. Li familial the other kin in.
According to the introduction of Ms. Li, after her grandfather dies, grandmother lives in this house alone, the mother of Ms. Li is the only child in the home, there often also are children to come back to see a respectful form of address for an old person after getting married, this often is bearing the weight of curtilage the memory with their good family.
The grandmother of Ms. Li died due to illness 1977, the mother as a result of Ms. Li also already outside marry, this building is so empty all the time, but Ms. Li says, this house was rented by a few brother-in-law of Ms. Li mother actually later others. The mother of Ms. Li also died 2010, this year already before Ms. Li of 77 years old looks at an eye old curtilage, all sorts of feelings well up in one's heart, this house is about to tear open change now, but this tore open change to encounter obstacle however.
Ms. Li tells a reporter, because building time is ages ago, do not have property right card, grandmother and mother had died, sister of Ms. Li and her a few brother cannot prove this house is their home. Ms. Li looks at the gate that often locks up closely curtilage, be at a loss, so now, how should she prove to this house is them after all? Today " the lawyer is in the spot " those who will help is Luo Wei's lawyer.
After the description that listened to Ms. Li, luo Wei thinks, ms. Li can go first village appoint meeting, let a village appoint what can open a proof to affirm a house is attributive, subsequently, reporter and commonweal lawyer accompany Ms. Li family to come to village of leap forward village appoint meeting.
Village of leap forward village appoint the bank clerk of the meeting shows, because this one building time is ages ago, the staff member still needs further investigation. Bank clerk tells a reporter, after undertaking be investigatinged on the spot, they can be contacted with Ms. Li, give Ms. Li answer. Subsequently, village appoint the staff member of the meeting is right of Ms. Li appeal to beg made a record, the staff member also expresses later, can undertake checking to these content.
To verify the condition that Ms. Li place says, commonweal lawyer thinks, can go seeking testimony to the neighbour that lives around old building, nevertheless, return this old building again when reporter and commonweal lawyer when, the thing appeared to invert it seems that however.
Neighbour people think, although this house is of Ms. Li grandmother, but the obligation that Ms. Li mother did not use up provide for, come back to take a room without the qualification.
To neighbour people view, ms. Li family is not approbated. Ms. Li tells a reporter, grandmother before one's death, the family often also comes for company grandmother, the relation of their family does not resemble neighbour people what say in that way.
Ms. Li tells a reporter, grandmother before one's death, the family often also comes for company grandmother, the relation of their family does not resemble neighbour people what say in that way.
Face this kind of situation, luo Lv division also offerred his view.
Through preliminary understanding, neighbour people also agreeing with this house is Ms. Li grandmother, luo Lv division thinks, at present another key is nodded is the relation between Ms. Li and mother and grandmother, also need a proof.
The lawyer is unscrambled
1
Say according to party, marry outside the mother, after grandmother dies, often wear for nothing all the time curtilage, was occupied by a few brother-in-law of the mother later, rented others, privately collects rent. If the circumstance is belonged to solid, is the practice of brother-in-law reasonable and legal? To whether often having curtilage does brother-in-law deal with authority?
Above all, the accrual that reachs bequest to bequest ought to be shared by all heir. Next, maternal brother-in-law is the children of grandfather grandmother brother namely, according to the allegation above us brother is the 2nd arrange a heir, below the case that the first arrange a heir, the 2nd arrange a heir to cannot accede. From the point of this angle, parental brother-in-law cannot accede bequest, do not have deal with the right of bequest.
2
Be in a country, because historical bequeath issue is other perhaps a variety of reasons, often do not have house property card not less actually curtilage. Often arrived to want to tear open change when, these problems just can be noticed by person place. A moment ago the village in the film appoint the secretary also said, tear open change this to produce such problem, more than party together, still have a lot of similar cases, old like what do not have property right so curtilage, how should maintain? Need a village only appoint can you open a proof to go?
The law that our country just published respect of the first program 1984 " town planning byelaw " , promulgated 1989 " town planning law " , promulgated 2007 " law of urban and rural program " , promulgated 1986 " land management method " , the situation that because this is old,does not have land card even without house property card curtilage is very general. In Wu of current the fact that tear open change, do not have the building of land card to having property right, sign recognizance book to make sure the building has no right to belong to dispute besides the individual, village appoint outside can issueing a proof, still need to undertake stating in the newspaper commonly. Before be in order to go up of course and can not preventing true heir to be in those who tear open change, medium, hind hold the right.
3
Sufficient well after all person of provide for the aged? Party and neighbour people stick to one's argument, and when the reporter is interviewed, occupying old curtilage brother-in-law people did not appear from beginning to end, in light of current condition, this place is old curtilage the interest that accede and tears open change, should how is appropriate handled?
Above all, what discuss today is one picket successive dispute, namely housekeeping dispute, behoove is handled by dispute party proper motion. To neighbour will tell, if they participate in a case in, can appear in court as the witness. Case have not resort court has sufficient quote qualitative card, below the circumstance that controversy main body did not appear, we cannot rushed fall who to sentence to who wrong. Next, to bequest accede, can mediate an organization in order to appeal to undertake intercessory at basic level already, OK also resort court tries a court decision, in order to make clear right of inheritance and portion. The 3rd, be faced with in view of the building tear open change, relevant interests average per capita but Xiang Zheng receives a branch to refer requisition, defer to be collected building compensation extends, in order to ensure respective rights and interests.
