The old man did not stand his will before his life.The court sentence

After the death of the eighty -year -old man, he left a house after his death. Because there was no legal heir and did not stand for his will, the house became a lord -free property. Who should be owned? The reporter was informed today that after the trial of the Guangzhou Haizhu Court of Guangzhou, the case had the result of the judgment.

After the death of the old man

The niece couple sued and asked to inherit the real estate

Born in 1936, his grandparents and parents had died many years ago. Both their brothers and sisters died in 1948, and their grandparents were recorded in their archives. Mother -in -law did not have children and adopted any children with her husband after marriage. Her husband died in 2007, and her husband's parents had died before that.

In 2020, mother -in -law died and left a house located in Haizhu District.

Because mother -in -law did not have legal heirs and had not made a will during his lifetime, in accordance with the law, the legacy may be owned by the country and used it for public welfare.

After the death of mother -in -law Su, Ms. Liang and her husband applied to the court to determine that the house was the owner of the owner, and the decision was shared by the two of them.

Ms. Liang and his wife said that because the mother -in -law Su did not have a child, for many years, the two often took care of Su's mother -in -law's daily life, and Ms. Liang sometimes lived in her mother -in -law's house to accompany the elderly. The two often took the mother -in -law Su to the hospital for a doctor. When the mother -in -law was hospitalized, they also took turns to accompany them, and signed various medical materials and medical documents in the name of their families. After the death of mother -in -law, the two sent them to end and handle funerals. Moreover, in late June 2020, mother -in -law Su led Ms. Liang to go through the premium procedures for houses, but because of the material materials, they could not be done.

The Haizhu District People's Court applied for a special procedure in accordance with the law and made a judgment: A house left by Mother -in -law in Haizhu District, Guangzhou, was owned by the applicant Ms. Liang and his wife.

At present, the judgment has taken effect.

Judge said:

For those who have more supported by the heir to the heir, they can divide the proper legacy

The Haizhu Court, the director of the Haizhu Court, pointed out that after the people's court accepted the application for property -free property, after review and verification, the property claim announcement was issued for a year without one year, and the property was determined that the property was owned by the country or the collective ownership.

According to relevant laws and regulations, those who are supported by the heir who are supported by the heir, or those who support the heirs more than the heir, can be distributed to the appropriate heritage.

In this case, the post -death heritage of Su Fu was a house in Haizhu District, Guangzhou. There was no will or a gift agreement, nor could they determine the heir. The court issued an announcement of property claims in accordance with the law. When the announcement period expires, no one claims the above property, and it should be identified as the owner's property. However, the applicant Ms. Liang and his wife have fulfilled the obligation to live and death, and can allocate appropriate heritage. Therefore, the applicant applies for the request of the house involved in the case to support all the requests, and the court supports it.

Lin Lina reminds that in accordance with the law, after the inheritance starts, it is handled in accordance with the legal inheritance; if there is a will, inherit or the premium in accordance with the will; if there is a gift agreement, it shall be handled in accordance with the agreement. In order to avoid disputes due to the inheritance of property, it is recommended that the heir to make a will in time. If necessary, you can consult legal professionals.

Legal know more D:

"People's Republic of China"

Article 1,31 people who rely on the heir who are supported by the heir, or those who support the heir who are more supported by the heir can be distributed to the appropriate heritage.

Article 1,160 Inherits the inheritance of no one, and no one is given the state of the country, it is used for public welfare. The deceased was a member of the collective ownership organization during his lifetime and owned the collective ownership organization.

Text/Guangzhou Daily · Xinhuacheng Reporter: Articles of Association Correspondent: Haifa Xuan Tu/Guangzhou Daily · Xinhuacheng Reporter: Articles of Association Guangzhou Daily · Xinhuacheng Editor: Lin Chuanling

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