Without a child without a will, who should the property be returned after the death of the eighty -eighty mother -in -law?The court was sentenced!

After the death of the old man over eighty years old, he left a house after the death

Because there is no legal heir and has not made a will

The house becomes a non -owner property

Who should I belong to?

Basic case

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 in Haizhu District, Guangzhou.

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. Ms. Liang and his wife said that in late June 2020, mother -in -law Su led Ms. Liang to go through the premium procedures for the house, but because of the material materials, they could not be completed at the time.

Referee result

The People's Court of Haizhu District, Guangzhou, applied for special procedures 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.

The judgment has taken effect.

Judge remind

After the people's court accepted the application for property no ownership, if the property claim announcement was issued after review and verification, and the property claim announcement was unattended for a year, the decision was determined that the property was universal, and the state or the collective owned. 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 legacy of mother -in -law was a set of houses in Haizhu District, Guangzhou. Without a will or a gift agreement, he could not 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. The applicant Ms. Liang and his wife have fulfilled the obligation to live and be buried, and they 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.

In accordance with the law, after the inheritance starts, it shall be handled in accordance with the legal inheritance; if there is a will, inherit or be handled in accordance with the will or a gift; if there is a bearing and supporting 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.

Law link

"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.

Source: Guangzhou Intermediate Court, Hunan High Court

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