"On feeling very be thwarted
That is to say
We are not father's children two
We are not father's children two
Modificatory house property
In January 2018, court of people of county of Nanchang city Nanchang is saved in Jiangxi in, zhang Juan litigates because of the problem of belongings right of inheritance. Zhang Juan is to recombine a family, zhang Juan's father calls magnify the sea, stepmother calls Meng Xiaoling. The little brother with strange place of Zhang Juan stepmother calls Zhang Dong, the little brother with strange mother strange place calls Zhang Lin.
1997, magnify sea and predecessor wife divorce, second year with smaller than him Meng Xiaoling of 10 years old remarries. 2014 second half of the year, magnify sea by fish cancer of the stomach, hind of half an year dies.
2016, younger brother of Zhang Lin sister discovers Zhang Juan accidentally, xiao Ling of stepmother the first month falls in two people unwitting condition, to room canal sea of magnify of bureau general father is mixed before one's death the person changes the building droit that Meng Xiaoling lives jointly to be mixed for Meng Xiaoling Zhang Dong. This house, it is magnify sea is with Meng Xiaoling before one's death inside county of Nanchang of city of Jiangxi province Nanchang house of exclusive a commodity.
Sister younger brother understands Zhang Juan, before changing building ownership, ling of dawn of stepmother the first month did notarization to the building first. The material that handles in notarization shows, participate in the parents of notarial Xiao Ling having the first month and son Zhang Dong and magnify sea, they prove magnify sea and Ling of dawn of the first month to notarial place is one marriage, and have Zhang Dong of a child only. In the meantime, the parents of magnify sea expresses to abandon the bequest of pair of magnify seas. Then, meng Xiaoling keep the house property card that has him name more the name is she and son Zhang Dong to share.
Younger brother of Zhang Juan sister thinks, although their strange mother is the ex-wife of magnify sea, but Ling of dawn of stepmother the first month proves oneself and magnify sea to notarial place is one marriage, and have the way of Zhang Dong of a child only, denied younger brother of Zhang Juan sister regards magnify sea children as the fact of existence, also encroached the lawful right of inheritance of younger brother of Zhang Juan sister, this lets piece of beautiful sister younger brother be on feeling very be thwarted.
Younger brother of sister of Zhang Juan, Zhang Lin found place of Nanchang county notarization to explain to be encroached the relevant circumstance of benefit of right of inheritance, notarization is in made cancel in Feburary 2017 the decision of two notarial deed.
But, room canal bureau says housing accumulation fund has been taken away by Meng Xiaoling, the house property card of the building has allotted, cannot restore. Then, younger brother of Zhang Juan sister one paper indictment, told stepmother and little brother Zhang Dong the court.
The right of inheritance of younger brother of Zhang Juan sister
In case cognizance process, meng Xiaoling showed a divorce suddenly to mediate a book to the court, say 2 people are in she and magnify sea early to already divorced 1998, and the house property fact that place of younger brother of Zhang Juan sister disputes is oneself gave money to buy 2003, those who write also is his name. Belong to the personal property after the divorce, have nothing to do with magnify sea, cannot count bequest, younger brother of Zhang Juan sister 2 people do not have right of inheritance to this house.
Nevertheless, the judge discovers in the process of material of examine and verify, the time of divorce mediation book that Meng Xiaoling provides is 1998 August, to the marriage on the marriage certificate photocopy that notarial place offers time is 1998 in October, marry date is after divorce date, this shoulds not to often manage apparently.
To clear up two people's real marital status, the court examined the original of Meng Xiaoling and magnify sea marriage certificate. The date on the marriage certificate original that discovers Meng Xiaoling is offerred is on June 1, 1998, but the judge discerns carefully discovery, the number in date of marriage certificate original " 6 " the mark that alter passes.
Marriage certificate original has apparent alter mark
To this, meng Xiaoling admits, the date on the marriage certificate is herself will besmear on October 1 instead June 1.
The line of marital status time of magnify sea and Meng Xiaoling
Meng Xiaoling and magnify sea married on July 28, 1998, divorced in August, married again on October 1. Meng Xiaoling says later to handle affairs, the date that gets on the marriage certificate by alter was on October 1 on June 1.
The statement that the court considered Meng Xiaoling integratedly and each aspect are practical circumstance, undertook combing afresh to the marital status of Meng Xiaoling and magnify sea, undertook deciding afresh to appealing to the droit that contends for a building.
True and false divorces
The judge saved the branch such as bureau of registry office of place of notarization of county of Nanchang city Nanchang, marriage, archives to undertake concerned Zhang Meng in Jiangxi respectively the inquiry of the marital archives of 2 people.
As a result of magnify sea and Ling of dawn of the first month the marriage certificate of 2 people is belonged to inchoate a batch of marriage certificates that handle in villages and towns, had not executed computer management at that time, keep plus villages and towns the condition is uneven wait for cause, the marital record record that causes piece of Meng Er's person fails to be checked.
Later, the judge passes census register information to inquire, the way that knows Meng Xiaoling to passed relative go and seek refuge with sb in October 1998 ingoing of registered permanent residence deep and remote Lan Zhen. 2007, the husband on the census register that Meng Xiaoling registers the information of one column is magnify sea, 2016, after magnify sea dies, census register information of Meng Xiaoling is bereft of one's spouse newlier. That is to say, strung closes in census register, meng Xiaoling's husband is magnify sea.
Zhang Juan basis father magnify sea before one's death a few words is conjectural, magnify sea and Ling of dawn of the first month marry repeatedly inside a year divorce, because father magnify sea is officeholder,should be, of half-blooded little brother Zhang Dong be born let father be faced with exceed the issue that lays to be punished, went doing divorce mediation so.
To telling the house that contend for, magnify sea and Ling of dawn of the first month take half fee each. The one part of magnify sea, namely the 1/2 ability of the house serves as bequest. The heir of magnify sea is as Ling of dawn of the first month of parents, spouse, unripe as ex-wife place two children Zhang Juan Zhang Lin and with remarry the son Zhang Dong that wife Meng Xiaoling gives birth to in all 6. But abandon right of inheritance as a result of magnify sea parents, remain 4 average per capita to divide, everybody gets the 1/8 of building gross.
March 2018, jiangxi saved court of people of county of Nanchang city Nanchang to make first instance adjudicate, in accusing that flatlet house that contend for attributes the half portion of magnify sea, you Zhangjuan and Zhang Lin enjoy the ownership share of 1/4 respectively. That is to say the 1/8 portion of the building cycle house property that younger brother of Zhang Juan sister obtains appealing to contending for severally. In the meantime, about the other property respect of magnify sea, meng Xiaoling needs to pay Zhang Juan sister younger brother 38 thousand multivariate. After adjudging, former defendant both sides all did not mention again appeal.
Legal order eventually has terminus, but close affection and consanguineous won't have an end forever however.
General law time
Q1: The honored guest that our studio invites today is Professor Li Mingshun of China woman institute. Mr. Li, altogether of Ling of dawn of the first month has done notarization twice, it is to take the accumulation fund of magnify sea for the first time, it is the 2nd to go up originally in the room of the building that lives jointly add a name, but the children that twice this notarization does not have place of magnify sea ex-wife to be born plays. Is she done so is there a problem?
A1: Have a problem of course, because we become notarial end,be to be opposite of our place notarization its authenticity and lawful sex have the fact proof, should say you serve as party so, must offer to notarial place true, such overall condition. Such notarization are in ability to make a lawful effective notarization, so resemble be among this law case, a few facts that she offers Meng Xiaoling are disloyal, because she concealed the children of ex-wife. Should say so, what what do on this kind of truthless foundation is notarial, this has a problem very much.
Q2: That goes up originally in the room besides add a name this thing, the name that what Meng Xiaoling says originally this house is written is me now the name plus him son, she feels this is the thing of a follow a rational line to do some work well. She is this kind of think of a way right?
A2: If this house is of herself really, so she thinks the adds her son partly name this house is give no cause for more criticism. But the problem depends on the authority of this house belonging to is her herself, this is a key. Did not solve in these problems so before, do sth without authorization adds a name to should say also have a problem. Even if is a room this getting on those who write is her one the individual's name, still involve husband and wife common property. In us the country says commonly, praedial be it is in order to register accurate, the everybody on house property card should be clearer. But will look at present, our country still has a kind of special case, below some circumstances, husband and wife's house property or domestic belongings often is to register the under one's name in a person, but what a person registers is not to mean this one person is only all. So, resemble this case especially in the center, this house is Meng Xiaoling after all of the individual before her marriage, still be marriage hind and magnify sea husband and wife are mutual, ambiguous still on this problem.
House property means a building,
And close affection means a home.
Case origin | " now view " program " by the marriage certificate of alter (go up, below) "
The field trip is little make up | Zhao Rui
Safeguard | Song Xiaojun
Chief editor | Wang Xiumin
