CCTV International August 20041113: 51

Today is about a real estate lawsuit. The lawsuit was brought by a family. They are all brothers and sisters. The lawsuit not only lasted for ten years, but also revealed the secrets buried in their family for nearly half a century. The story has to start from the ancestral home.

Liujiazuwu

This is Fancheng levee in Changsha, Hunan. Liu Guangming's ancestral home is located in this antique alley. It covers an area of only 64 square meters and is divided into two floors. The first floor is a facade house, and the second floor is a wooden building, which looks very crowded. Although the house is a little old, it is the home of the Liu family for generations. It has experienced many survivors with its owner.

Liu Lao's neighbor: 1935, Changsha was burnt down and he built it. 1944, the Japanese came and burned, and Liu Jinde built it again.

The present house was rebuilt by a man named Liu Jinde at 1945. Since then, the small building has stood here, witnessing the wind and rain changes of Fancheng Dixiang for more than half a century, and also bearing the story of the Liu family for decades. Six brothers and sisters in this family had a big argument 10 years ago.

Liu Guangming:1June, 994 13. On the Dragon Boat Festival, my sister-in-law took me to court and said that my apartment was only 9 square meters.

Liu Guangming, the grandson of Liu Jinde, is the defendant. The house he said is the ancestral home of the Liu family. Liu Guangming was sued by his five younger brothers and sisters because he transferred the ownership of his ancestral home to his own name.

Liu Guangming: The house belongs to the Liu family, not mine. It is not Chen's.

It turned out that none of his five brothers and sisters belonged to the Liu family, but the children born after his mother remarried to the Chen family. But as with, they all lived in the ancestral home of the Liu family since childhood. Whenever I talk about it, Liu Guangming will think of some old things at home.

Liu Guangming: I was born in the Republic of China in 35 years. 1946. At that time, my father died, my grandmother died, and my family was lonely.

195 1 year, Dong Shunhua, her mother, married carpenter Chen after being widowed for five years. At that time, Chen had no house, so Dong Shunhua had to beg his father-in-law Liu Jinde to let him live in the Liu family.

Liu Guangming: My grandfather doesn't agree to live in my house. He says that if you get married, you should move out. My mother knelt in front of my grandfather and begged him. After a long time, she moved in.

After Chen moved into the Liu family, she gave birth to five children with her mother, that is, her brothers and sisters named Chen. After a long time, the initial gap disappeared, and three generations of people with different surnames lived together as a family. Grandpa Liu Jinde was in the scrap buying business at that time. In the 1930s and 1940s, it was a good business for poor families. So the family's life is still solid. After ten years of this life, the Liu family has changed.

Liu Guangming: After my grandfather died, my family was very difficult, so I helped my mother drag a scooter to sell side dishes and raise the children of the Chen family.

When grandpa died, he was only 15 years old, and the oldest child of the Chen family was less than 5 years old. At that time, Liu Guangming helped his parents support their families. As the days passed, Liu Guangming's younger brothers and sisters grew up one by one and left their ancestral home in Van Dyke, while Liu Guangming had already moved into the factory where he worked. 1992, after Chen's father Chen died, only his mother Dong Shunhua and his youngest son were left in the old house. This year, my mother did something unexpected for her children.

Liu Guangming: My mother said in 1992, Ming Yazi, this house belongs to your Liu family and your grandfather. It must come back to the roots, or it will be yours.

On August 8th, 1992, his mother took him to the then Ruyi Street Legal Service Office in Changsha, and applied to transfer the ancestral home under Liu's name to his son.

Big brother Liu Guangming.

Liu Guangming: She knew very well that my grandfather called me and her before he died, saying that this house would be given to Liu Guangming in the future, and my mother nodded.

In the legal service office, Dong Shunhua made such a statement: I voluntarily gave up inheriting the part of my private property rights left by Liu Zushang. According to this statement, the Notary Office of the West District of Changsha City made such a notarization: the house left by Liu Jinde was inherited by Liu Guangming, a subrogation inheritance native of his son Liu Shunsheng. After getting this notarial certificate, Liu Guangming went through the formalities of property transfer.

The reporter learned in the interview that after Liu Guangming transferred the property, the house was still occupied by his mother and brother Chen Xiaoming. It seems that he doesn't want to monopolize the house, but just wants to keep his ancestral business in his own name. Why did the brothers and sisters of the Chen family disagree and even take this eldest brother who worked so hard to raise himself to court?

One day in July, 2004, the reporter met two sisters Chen Jia in Changsha.

Chen Qiaoyun: It's none of our business. We don't need real estate. We gave up.

Reporter: Then how did you go to court?

Chen Qiaoyun: Because my brother Chen Xiaoming is ill, he has no job and no other sources. He depends on the source of this house. I can't help it Actually, my brother is also a very nice person.

The sisters also said that chan kwong wing, the eldest brother of the Chen family, and Chen, the third son, shared their thoughts. Because the younger brother was ill and needed a house very much, the eldest brother insisted on leaving the property in his own name, which led to this situation. So what kind of situation is Chen Xiaoming, which makes brothers and sisters so worried that they will take their eldest brother to court for him? We found Chen Xiaoming's wife, Yan Fang. Unexpectedly, she took us to a mental hospital more than 60 kilometers away from downtown Changsha.

Chen Xiaoming: I want to go back. I was ready for this. I want to go back.

Yan Fang said to Chen Xiaoming: If you want to go back, no one will take care of you, and you can't take your medicine on time. You will get sick again.

Yan Fang told reporters: I don't want to leave him here either, but I can't help it. I have to make a living, and I have a son to take care of. His expenses here must be paid.

Visiting hours will come soon. Despite Chen Xiaoming's repeated requests, Yan Fang can't take her husband home this time. After coming home from the hospital, Yan Fang told us about her family.

Yan Fang: Chen Xiaoming has suffered from this disease since he was a child. I'm the only one at home. It's so hard. It's so hard. I don't know how I got through it all my life.

Yan Fang said that she and her mother-in-law opened a hardware grocery store on the first floor of her house, and the business was good. At that time, the family's life was not bad, and they could save some money to treat Chen Xiaoming. But in 1994, Yan Fang heard an incredible news that her mother gave the house to her eldest brother Liu Guangming alone.

Yan Fang: I told my mother-in-law that Liu Guangming gave him the house. Chen Xiaoming was very ill and had no place to live.

The question raised by Yan Fang is actually a problem that the whole family is worried about, so the family sat together and held a meeting.

Yan Fang: chan kwong wing said that as long as you give half of the house to Chen Xiaoming, we won't go to court. He said no, this is the ancestral business of the Liu family, and there is no Chen family. They also said that only a quarter would do, but he still disagreed.

The family meeting finally failed to reach an agreement. On June 3rd, 1994, Chen's brother and sister entrusted to file a lawsuit in the former West District Court of Changsha City, Hunan Province, demanding to reconfirm the property right of Room 108 in Fancheng. After agreeing to go back to the house, she gave it to her brother Chen Xiaoming. In court, Yan Fang produced an unexpected piece of evidence for Liu Guangming, that is, a will signed by Dong Shunhua, which read: 1992. I was cheated and announced that I would give up inheriting the inheritance of the ancestors of the Liu family. I have already reported it to the notary office and requested that it be invalidated. If approved, my share of FanchengNo. 108 property will all be owned by Chen Xiaoming.

Liu Guangming: That's definitely not from my mother.

Little brother Chen Xiaoming.

Seeing this will, Liu Guangming felt very suspicious. He felt that it was impossible for his mother to go back on her word after giving her the house, so he found her and wanted to find out.

Liu Guangming: My mother said that Yan Fang and I had a quarrel, and she made me break my word.

Yan Fang: I didn't quarrel with her. This is what she told her lawyer. We hired a lawyer and made a written will when we went to court. There are five or six people in the old street, and I am there.

This will was made in 1994. By the time we interviewed, ten years had passed. Everyone present at that time was dead except Yan Fang. We don't know whether Dong Shunhua made this will voluntarily. It is conceivable that Dong Shunhua, as a mother, was in a dilemma at that time, and made two contradictory treatments to this house before and after.

Liu Guangming: My mother was very ill, so I had to swallow it.

During the trial, Liu Guangming couldn't bear to call his sick mother to court to debate the authenticity of the will. At the same time, he didn't think it was necessary.

Now, Liu Guangming and Yan Fang each hold a piece of evidence, Liu Guangming holds a notarial certificate of inheriting grandpa's property on behalf of his father, and Yan Fang holds a will that his mother gave the house to Chen Xiaoming. In terms of time, Liu Guangming's notarial certificate takes precedence, so if the notarial certificate is not overturned, the will will not take effect. In this case, Yan Fang proposed that there was something wrong with the notarial certificate.

Yan Fang: Mom didn't go to the notary. He stole the seal of the old man (mother) to do it. The notary's surname is Liu and his name is Liu. Liu Guangming may have given him a present.

Liu Guangming: That's not the case. She made it up.

In order to prove the authenticity of the notarial certificate, Liu, who is in charge of notarization in Ruyi Street Legal Service Office, was asked to testify for him. In the interview, we also met this retired staff member.

Reporter: Do you know Liu Guangming?

Liu: I know this person. He is an oil factory worker.

Reporter: Have their houses been notarized?

Liu: Yes, I did.

Reporter: What is the basis of his notarization?

Liu: His mother and both of them are here. We followed the procedure.

Liu's testimony makes me feel that this case is more favorable to him. However, things are far from as simple as he imagined. At this time, Yan Fang once again questioned the contents of the notarial certificate, which also led to a secret related to Liu Guangming's life experience.

Yan Fang: The notary said that he is from subrogation inheritance of Liu Shunsheng. How could he? It has nothing to do with Mr. Liu Shun. He is not my mother's own, and these old streets know it.

Yan Fang suddenly suggested that Liu Guangming was not the biological son of Dong Shunhua and Liu Shunsheng, which surprised Liu Guangming, but he soon realized that Yan Fang said this in order to overthrow the contents of the notarial deed, that is, to overthrow the subrogation inheritance relationship between himself and his father Liu Shunsheng.

Liu Guangming: My mother always said that I was her posthumous child. My mother takes me seriously. She said, I ate her milk, and she took me to sleep until I was five years old and took me everywhere to play.

The memory of childhood makes me have no doubt that I am the parent-child of the Liu family. However, the contradiction between him and Yan Fang is escalating around the problems of life experience.

Liu Guangming: Yan Fang called me a wild child, so I slapped him, and Chen Xiaoming cut me with a knife. You see, there are still scars.

After the battle, Liu Guangming began to ask the old people around him about his life experience. After his mother knew it, she finally revealed to him the secret that had been buried for 48 years.

Liu Guangming: It was in 33 years of the Republic of China. She gave birth to a daughter and died. At that time, grandma and her son were gone, and the family was lonely. An old man named Sheng gave me to her.

Knowing his own life, Liu Guangming suddenly became estranged from his mother.

Liu Guangming: In the final analysis, it is one point. It's either biological or painless, so I'll change my mind.

In the increasingly cold days in Liu Guangming, my mother Dong Shunhua passed away. Therefore, Liu Guangming's feelings for his mother became more complicated, and the change from parent-child status to adopted son brought more than just emotional problems to Liu Guangming.

On June 5438+1October 65438+May 2000, the lawsuit was retried in the first instance, and the judgment was made by the Yuelu District Court of Changsha City.

Judge: Liu Guangming, the adopted son of Dong Shunhua, was adopted after the death of Liu Shun, and there is no adoptive father-son relationship with Liu Shunsheng. Therefore, Liu Guangming cannot exercise subrogation to Liu Jinde's estate.

The court found that the will left by Dong Shunhua was valid and the notarization made by the Notary Office in the West District was invalid, so the property rights of the house were divided according to the order of inheritance:

The first inheritance happened after Liu Jinde's death, and Dong Shunhua got all the property rights as the first heir. Because Chen and Dong Shunhua live together, the house becomes husband and wife. The second inheritance took place after Chen's death, and the house he shared was inherited by five brothers and sisters, Dong Shunhua, Dong Shunhua and Dong Shunhua. The third inheritance was after Dong Shunhua's death, according to her will.

Liu Guangming: I'm not satisfied with the nine o'clock square. I will continue to get it back, because it was the property of my ancestors, and now it is lost in my hands. It's no longer called Liu.

Liu Guangming, who refused to accept the verdict, began to collect evidence everywhere. Unexpectedly, in the process of looking for evidence, he discovered another secret related to his life.

Liu Guangming: I went to see my aunt. My aunt said that your mother is only 265,438+0 years old and is getting married. She can't adopt you. You were adopted by my uncle.

Aunt also said that Liu Guangming was bought by Grandpa Liu Jinde for forty yuan. After hearing that he was adopted by his grandfather, Liu Guangming felt hopeful to return to this home. On February 20th, 200 1 12, a complaint was filed again, requesting the court to re-determine the first heir of the Liu family's ancestral home.

Liu Guangming: She can't support her son. When my grandfather died, she should have given me the real estate license.

Reporter: Your mother lives with you. Do you think she can't buy this house?

Liu Guangming: My grandfather's money supports their Chen family.

Liu Guangming means that her mother can't support herself or her grandfather financially, so she can't inherit his property. As far as Liu Guangming's family is concerned, the question of who is the first heir is clearly defined in law.

The Supreme People's Court's "Opinions on Several Issues Concerning the Implementation of Inheritance Law" stipulates in Article 22:

An adopted grandson is regarded as an adopted child and is the first heir.

Article 12 of the Inheritance Law stipulates that a widowed daughter-in-law shall be the first heir if she has fulfilled her main obligation to support her in-laws.

It seems that if Liu Guangming wants to be the sole heir to his ancestral home, he must meet two conditions at the same time. First, he was really adopted directly by his grandfather, not his mother, and his mother didn't support him. For these two points, Liu Guangming thinks that the most telling thing is that Grandpa was the breadwinner of his family. Chen brothers and sisters don't think so.

Chen Qiaoyun: Grandpa has no money. He was raised by my parents.

Before Liu Jinde's death, what did the family live on and how did they get along? The reporter found in Fancheng levee that Liu Jinde's old neighbor Yang Jia and the old man in Jia Zhu are still alive, and we found them.

Old neighbor of the Liu family: I am an old neighbor of the Liu family. Liu Jinde opened a second-hand goods store at that time and had money.

Reporter: How did Liu Jinde's wife treat him when he was alive?

Liu's old neighbor: OK.

When the reporter interviewed Liu's old neighbor, he got the impression that the family seemed to have paid more economically in those years. However, if there is no daughter-in-law to live with him, the lonely old man may not be able to spend his old age peacefully. So in this case, does Dong Shunhua support her father-in-law, and Guangming is the first heir to the Liu family ancestral home? This lawsuit has been going on for ten years. After many appeals and protests, the Yuelu District Court of Changsha City, Hunan Province finally made a judgment.

Judge: Liu Guangming proposed that he was the adopted grandson of Liu Jinde, even if he was identified as the adopted grandson, he was also the adopted son of Dong Shunhua in this case; After Liu Shun's death, Dong Shunhua supported Liu Jinde for a long time, so Dong Shunhua is the only legal first-order heir to Liu Jinde's real estate.

The ten-year lawsuit finally ended, and Liu Guangming finally failed to get the house left by his grandfather.

It is really not easy for Liu Guangming to fight for this house. In fact, he doesn't want to get the practical benefits brought by this house, but just wants him to stay in the name of the Liu family. To this end, he fought a protracted lawsuit. From this point of view, he is worthy of sympathy, but his defeat is inevitable, because he has a traditional concept of family property in his mind, but when he goes to court, he wants to turn to modern inheritance law.