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uncle li and his wife

have one son and one daughter

he owns a small courtyard and two buildings.

should have enjoyed his old age

how to distribute the property made them feel troubled.

the son said he would not give all the property to me.

no care for parents

is this legal?

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case brief

mr. li, a villager in a village in mentougou district, beijing, is over 80 years old and has a son and a daughter. mr. li and his wife built a yard on their homestead and live in the yard with his son's family. in addition to the yard, mr. li also owns two buildings.

recently, mr. li and his son had a dispute over the above-mentioned property distribution issue. in desperation, mr. li went to a town mediation committee to seek mediation help.

mediation process

express your own opinions

uncle li:i have a yard in the village. during my working years, the company allocated two welfare houses, both registered in my name. as i get older, my wife and i began to think about "afterlife" and prepare for it.the courtyardsonto my son,buildingone set for each son and daughter.unexpectedly, my son was very dissatisfied with this and claimed that both houses should belong to him. after many quarrels, we moved out of the small courtyard in anger. however, as we are old, it is still inconvenient to live without a child to take care of us. my daughter married far away and i can't take care of her. so i want to move back to the small courtyard.the son refused to give in and said that if the entire house was not given to him, he would not be asked to fulfill his obligation to support his parents.

son;i have lived with my parents for so many years, fulfilled the main responsibility of supporting them, and am the only son.a daughter who is married off is like spilled water, and her parents’ property has nothing to do with her.

daughter:i married far away and had a lot of things to do at home, so i didn't come back often, but ii send money to my parents every month.i call from time to time to ask about my well-being, which does not mean i have not fulfilled my obligation to support my parents. as for the property, my parents are here now, so i will follow their arrangements.

sorting out contradictions

after sorting out the demands, the mediator summarized the conflicts of mr. li's family as follows:

can children interfere with the distribution of their parents' property?

is property distribution related to maintenance obligations?

can a married daughter share the family property?

around these conflicts, the mediator invited mr. li and his family to the mediation room, and conducted mediation combining "emotion, reason, and law", guiding the parties to think from each other's perspective and resolve their concerns.

explain the law and clarify the truth

according to relevant legal provisions, the mediator pointed out:

uncle lithe old couple has the right to dispose of their property at will.they can freely dispose of and dispose of their property according to their own wishes. whether or not to divide their property and how to divide it is up to the elderly themselves, and no child has the right to interfere.

the distribution of the elderly’s property and the fulfillment of their children’s obligation to support them cannot be directly linked.the obligation to provide support is both a moral constraint and a legal responsibility.even if mr. and mrs. li gave all their properties to their daughter, that is their own business, and their son cannot refuse to fulfill his obligation to support them. it should be noted that after the old man passes away,heirs who have fulfilled the main obligation of supporting the elderly or lived with them can receive a larger share of the inheritance.

in many places, there are sayings such as "raise a son to provide for old age" and "a daughter married off is like water poured out".men and women are equal, sons and daughters should fulfill their obligation to provide support, and when an elderly person passes away, they all have the same inheritance rights.

the mediator explained the law and moved people with emotion, focusing on the ideological work of grandpa li's son. he said that the two old people had worked hard for most of their lives, from the time the child learned to speak to the time when his temples were gray, and they had devoted so much effort. now that the parents are old, not only can they not spend their old age in peace, but they also have to watch their children who grew up together quarreling and their feelings fading. these noisy behaviors disregard the feelings of brothers and sisters, and even disregard blood ties, and even turn against each other and make the family restless. isn't this adding to the parents' hearts?

speaking of this,uncle lithe son felt deeply ashamed and said that he would never mention the division of the family property again. he took the old couple back to their small bungalow that day and took good care of them. the family reconciled as before.

case analysis

when parents are alive, their property is at their disposal.children cannot demand a division of their parents’ property, nor can they use this as a bargaining chip to fulfill their obligation of support or as an excuse for not fulfilling their obligation of support.

after the death of parents, the property of the parents during their lifetime is regarded as the estate and is inherited by the legal heirs according to the law. if the property owner has a legal and valid will during his lifetime, the inheritance shall be handled according to the contents of the will. if there is no will or the will is invalid, it shall be handled according to the statutory inheritance. according to the statutory inheritance regulations, children are the first-line heirs, andmen and women have equal inheritance rights.that is, whether it is a son or a daughter, whether the daughter is married or unmarried,everyone has equal rights when it comes to inheriting their parents’ estate.

legal links

civil code of the people's republic of china

article 26parents have the obligation to support, educate and protect their minor children.

adult children have the obligation to support, assist and protect their parents.

article 1122an inheritance is the personal legal property left behind by a natural person upon death.

an inheritance that cannot be inherited according to the law or due to its nature shall not be inherited.

article 1123after the inheritance begins, it shall be handled according to statutory inheritance; if there is a will, it shall be handled according to testamentary inheritance or bequest; if there is a bequest support agreement, it shall be handled according to the agreement.

article 1126men and women have equal inheritance rights.

article 1127the inheritance shall be in the following order:

(1) first priority: spouse, children, parents;

(2) the second order: brothers and sisters, grandparents, and grandparents-in-law.

after the inheritance begins, it will be inherited by the first-order heirs, and the second-order heirs will not inherit; if there are no first-order heirs, it will be inherited by the second-order heirs.

the children referred to in this chapter include legitimate children, illegitimate children, adopted children and stepchildren with support relationships.

the parents referred to in this chapter include biological parents, adoptive parents and stepparents with a support relationship.

the term "siblings" in this chapter includes siblings with the same parents, half-siblings, foster siblings, and step-siblings with a support relationship.

article 1130the shares of inheritance of heirs of the same order should generally be equal.

inheritance should be distributed with consideration for heirs who have special difficulties in life and lack the ability to work.

when distributing the inheritance, the heirs who have fulfilled the main obligation of supporting the deceased or lived with the deceased can receive a larger share.

if an heir who has the ability and conditions to support others fails to fulfill his or her support obligations, he or she shall not receive any inheritance or receive less.

if the heirs agree, it can also be unequal.

law of the people's republic of china on protection of the rights and interests of the elderly

article 13elderly care is based on home living, and family members should respect, care for and take care of the elderly.

article 14 the person who is responsible for providing support should fulfill the obligation to provide financial support, care in daily life and spiritual comfort to the elderly, and take care of the special needs of the elderly.

the person who is responsible for providing support refers to the elderly person’s children and other people who have the obligation to provide support according to law.

the spouse of the person who is to be supported shall assist the person in fulfilling the support obligations.

article 19the person who is required to provide support may not refuse to perform the obligation of support by giving up the right of inheritance or for other reasons.

if the person who provides support fails to fulfill the obligation of support, the elderly have the right to ask the person to pay support, etc.

article 22 the elderly have the right to possess, use, enjoy and dispose of their personal property in accordance with the law. their children or other relatives may not interfere or infringe upon their property rights and interests by stealing, defrauding or forcibly taking their property.

the elderly have the right to inherit the estate of their parents, spouse, children or other relatives, and the right to accept gifts. children or other relatives may not occupy, rob, transfer, conceal or damage the property that the elderly should inherit or accept as a gift.

when an elderly person disposes of property by will, he or she should reserve the necessary share for the elderly spouse in accordance with the law.

source: beijing

author: kyoji kanran

process editor: u027