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The plaintiff alleged
Wu Moulan, Wu Mouxu, and Wu Mougang filed a lawsuit with this court: 1. Order the three plaintiffs and the two defendants to jointly inherit the No. 1 house located in Daxing District, Beijing (hereinafter referred to as "No. 1 house"), and each of the three plaintiffs will inherit one-fifth of the share of the house; 2. Order the second defendant to pay the third plaintiff one-fifth share of the rent of house No. 1 for the period from August 2018 to December 2019,......。
Facts and Reasons: The third plaintiff and the second defendant are brothers and sisters. The father of both parties, Wu Moupeng, died of illness in 2005, and the mother Qi Mouxia died in 2018. The parents have a No. 1 house, and the registrant of the house property right is Wu Moupeng. The second defendant has forcibly occupied house No. 1 since October 2015, and has rented out the house without the consent of his mother and the third plaintiff, and the rent of the house has also been appropriated by the second defendant.
After the death of his mother, the second defendant did not negotiate with the third plaintiff on the division of the house and rent. To sum up, in order to protect their legitimate rights and interests, the three plaintiffs hereby filed a lawsuit with the court in accordance with the relevant laws and regulations, and implored the court to make a judgment in accordance with the law.
The defendant argued
Wu Moutao and Wu Moulin jointly argued that they did not agree with the claims of the three plaintiffs. The reasons are as follows: 1. House No. 1 is the inheritance of the parents of the plaintiff and the defendant; 2. The mother of the plaintiff and the defendant, Qi Mouxia, left a written will when she died, and her share of the estate belonged to the two defendants; 3. House No. 1 has not been rented out, and we have been paying heating fees and property fees, so we do not agree to the litigation request of the three plaintiffs to divide the house.
The court ascertained
Wu Moupeng and Qi Mouxia are husband and wife, and have three sons and two daughters: the eldest son Wu Moutao, the second son Wu Mougang, the third son Wu Moulin, the eldest daughter Wu Moulan, and the second daughter Wu Mouxu. On April 17, 2005, Wu Moupeng died and his account was cancelled; On July 26, 2018, Qi Mouxia died of illness.
During the trial, Wu Moulan, Wu Mouxu, and Wu Mougang submitted the property rights inquiry results of House No. 1 to the court to prove that the house was registered in the name of Wu Moupeng and belonged to the joint property of Wu Moupeng and Qi Mouxia, and that the two elderly people had passed away, and their children should inherit the share of House No. 1 in accordance with the law; He submitted Qi Mouxia's case to the court to prove that Qi Mouxia had suffered from cerebral infarction since 2005, and her condition gradually worsened, and she was hospitalized several times from 2014 to 2016, and the cerebral infarction was serious. Qi Mouxia's cerebral infarction caused her to be unable to express her personal wishes normally, unable to understand written information, and not having the ability to make a will; He submitted a CD-ROM to the court to prove that there were tenants in House 1.
In response to the above evidence, Wu Moutao and Wu Moulin recognized the authenticity of the property rights inquiry results of House No. 1, but did not agree to divide the house equally; Wu Moutao and Wu Moulin did not recognize the purpose of proving Qi Mouxia's case, arguing that her mother, Qi Mouxia, could usually play mahjong and chat with neighbors, and that the three plaintiffs had not managed or seen their mother from 2005 to Qi Mouxia's death, so they did not know their mother's condition at all; Wu Moutao and Wu Moulin recognized that House No. 1 does have tenants, with a monthly rent of 2,500 yuan, but they do not always have tenants.
Wu Moutao and Wu Moulin submitted to the court the original will, the CD-ROM at the time of making the will, and the witness testimony of witnesses Zhang X 1, Zhang X 2, Yang X and Gao X and applied for Zhang X 1, Zhang X 2 and Yang X three witnesses to appear in court to testify to prove that after the death of her mother Qi Mouxia, the share of the house belonging to her should belong to the two defendants. Among them, the original will stated: "Testator: Qi Mouxia,......。 Wu Moupeng and I got married in 1956 and had 5 children after marriage, namely Wu Moulan, Wu Moutao, Wu Mouxu, Wu Mougang, and Wu Moulin. Her husband, Wu Moupeng, has passed away. Because I am old and frail, in order to prevent inheritance disputes, I hereby make this will and request Gao and Zhang1 as witnesses. I am in sane consciousness in the process of making this will, and the following is my true intention. 1. My existing property includes: I and Wu Moupeng jointly own the following properties after marriage: a house located in Daxing District, Beijing, the head of the household: Wu Moupeng, Wu Moupeng died in 2005, in addition to owning one-half of the total amount of the above-mentioned real estate in accordance with the law, I can also inherit the property belonging to Wu Moupeng according to one-sixth of the share according to the law. Therefore, the property I own will be inherited by Wu Moutao and Wu Moulin free of charge.
2. For my above-mentioned property, I will deal with it as follows: 1. Wu Moutao and Wu Moulin have been filial to me for many years, so after my death, the property was inherited by Wu Moutao and Wu Moulin (not related to other children) The above-mentioned real estate was rented, demolished or sold, and the proceeds belonged to Wu Moutao and Wu Moulin. ……
Testator: Qi Mouxia
Scrivener: Yang
Witness: Gao
Witness: Zhang 1".
On the will, the testator Qi Mouxia put a handprint on his name. Yang, Gao, and Zhang1 also signed the will. Regarding the authenticity and purpose of the above evidence, Wu Moulan, Wu Mouxu, and Wu Mougang did not recognize it.
Adjudication Results
1. The No. 1 house in Daxing District, Beijing, registered in the name of Wu Moupeng, is jointly inherited by Wu Moulan, Wu Mouxu, Wu Mougang, Wu Moutao, and Wu Moulin, of which Wu Moulan, Wu Mouxu, and Wu Mougang each inherit one-twelfth of the share, and Wu Moutao and Wu Moulin each inherit three-eighths of the share;
2. Within 10 days after this judgment takes effect, Wu Moutao and Wu Moulin shall pay Wu Moulan, Wu Mouxu, and Wu Mougang 3,470 yuan per person for the rent of house No. 1;
Property Lawyer Reviews
An inheritance is an individual's legal property left behind when a citizen dies. Inheritance begins when the decedent dies. After the commencement of inheritance, it shall be handled in accordance with the statutory inheritance; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement. A citizen may make a will to designate personal property to be inherited by one or more of the legal heirs. Among them, the will shall be witnessed by two or more witnesses, one of whom shall write on behalf of the testator, indicating the year, month and day, and shall be signed by the scrivener, other witnesses and the testator.
In this case, House No. 1 was acquired by Wu Moupeng and Qi Mouxia during their marriage, and is the joint property of the husband and wife. Unless otherwise agreed, if the estate is divided, half of the jointly owned property shall be divided among the spouses, and the rest shall be the inheritance of the decedent.
The focus of the dispute in this case is whether the form and content of Qi Mouxia's will submitted by Wu Moutao and Wu Moulin to the court meet the statutory requirements of a will on behalf of a scrivener. The will was written by an outsider to the case, Yang, and witnessed by an outsider, Gao, and an outsider, Zhang1. During the trial, there was no evidence to prove that Yang, Gao, and Zhang1 had any interest in the property disposed of by both parties and the will, so the identities of the scrivener and the witness met the requirements, and their acts of scrivener and witness should be valid.
In addition, according to the video of making the will, it shows that after the scrivener Yang made the will and read it to Qi Mouxia, Qi Mouxia expressed her approval and left a fingerprint on the testator, indicating that the will made by the scrivener was in line with the testator's wishes. Therefore, Wu Moulan, Wu Mouxu, and Wu Mougang's opinion that the will on behalf of the scrivener is invalid was not accepted by the court.
Because the property disposed of by the will involved in the case is the joint property of Wu Moupeng and Qi Mouxia, Qi Mouxia's disposal of the part of his own property is valid, and Wu Moupeng did not leave a will or bequest and maintenance agreement before his death, so the part belonging to Wu Moupeng's property should be handled in accordance with statutory inheritance.
In addition, in response to the second claim of Wu Moulan, Wu Mouxu and Wu Mougang, Wu Moutao and Wu Moulin were required to pay the rent of House No. 1 from August 2018 to December 2019, because both parties agreed that the house was used for rent during the trial, but there was a dispute between the two parties about the time of leasing and the rental price, and no evidence was submitted to the court, so the specific amount to be paid will be determined by the court according to the statements of both parties in the trial, referring to the rental market price of the area where House No. 1 is located, and other factors.
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