|      source: Hainan daily     |    Author: anonymous     |    Editor: Yang Zhanfei
In order to let the eldest son to abandon the property right of inheritance, the old mother dig 120 thousand as compensation. However, the eldest son took the money and signed the "to give up the housing property declaration", but has not moved out of the housing. The 88 year old mother Chen Yanlan is afraid of his own children because after death, inheritance disputes, the 58 year old son to court, asked to confirm the right of inheritance. Reporter Chen Dong
The mother sued the son, asked to confirm its no right of inheritance
Chen Yanlan and Wang Ping married in 1957, after marriage gave birth to four children, respectively, the son of Wang Xiaohai, the eldest daughter Wang Hong, two daughters Wang Li, three daughter Wang Hua. Wang Ping passed away in March 2010. The couple had not only valuable, is located in Haikou, a real estate heavy kunlu.
In order to avoid disputes with the heritage of their children, Chen Yanlan and the eldest son to reach an agreement: Chen Yanlan Wang Xiaohai 120 thousand yuan to pay, Wang Xiaohai, the property inheritance and the right to use the right to use. October 3, 2015, Wang Xiaohai signed the "waiver of housing property rights statement", the statement said, has received 120 thousand yuan Chen Yanlan, willing to give up the right to use the property and the right to inheritance.
However, the son took the money, the delay in moving out of the house. Chen Yanlan is worried about her after death, children will still be due to real estate disputes. In February 16th this year, she told the Haikou City Meilan District People's court, requesting the court to confirm the defendant: Wang Xiaohai signed in October 3, 2015 to give up "housing property declaration" lawful and effective; to confirm the inheritance rights and the right to use the defendant does not enjoy the Haikou city of Austin kunlu property.
Wang Xiaohai admitted in court, he did and his mother signed the "waiver of housing property declaration". But in addition, he signed a "on my inheritance of parents and property and maintenance agreement", “ before doing notarization, the mother did not come up with this support agreement, the two sides have not been notarized. ” Wang Xiaohai said that the approval of the mother's demands also agreed to perform, but the lawsuit fee should be borne by the mother, because they have not been laid off for many years, there is no source of income, while the mother “ a pension ”.
The Court confirmed that "to give up the property right of the house" is legally effective
The court found that the Haikou city of Austin kunlu property belonging to the plaintiff and Wang Ping jointly owned property, is still registered in the name of Wang Ping. In October 3, 2015, Wang Xiaohai signed the "give up the housing property declaration", the content of “ my parents share is located in Haikou City, Austin kunlu property, after consultation with his family, the mother gave 120 thousand yuan in cash, I am willing to give up the right to inherit property and the right to use the day after, never go back, if I have to go back. Will bear all the legal consequences and legal liability. ”
On the same day, Wang Xiaohai, Wang Hong, Wang Li, Wang Hua signed the "on my paternal inheritance and maintenance agreement", the main contract: Chen Yanlan alive during the housing property owned; Wang Xiaohai agreed to give up the right of inheritance and the right to use the housing, and actively cooperate with all matters concerning the change; in case of government buildings or housing value, value reduction other factors such as Wang Xiaohai did not have any rights; the right to inherit property owned by Wang Hong, Wang Li and Wang Hua share and so on.
The court held that the civil activities should follow the principle of voluntary. In litigation, the defendant admitted that the plaintiff received 120 thousand yuan, and said it had moved out of the house, issued by the "waiver of housing property declaration" is its true meaning, and recognized the plaintiff's litigation request. The judgment as follows in accordance with the relevant laws and regulations, the defendant Wang Xiaohai on October 3, 2015 issued by the "give up the housing property declaration" lawful and effective; inheritance rights and the right to use the defendant Wang Xiaohai did not enjoy the Haikou city of Austin kunlu property. The case acceptance fee of RMB 3650 yuan (the plaintiff prepaid), borne by the defendant.
(the text is a pseudonym)