Looking for the disappearing ancestral house | 9:30 tonight

With a picture of the 1950s

"All Certificate of Land Real Estate" "Finding Roots"

But found on the address of the record

It's not my own old house

Native

"The prosecutor visited the investigation in depth, found out the original committee and facts, and also solved the" Heart knot "of my ten years. Facing the scorching sun, the applicant Song Moulin came to Baoying County Procuratorate, Jiangsu Province to withdraw the application for supervision.

Ancestral house

Ten years of litigation failed to interest

"My father clearly obtained the four to the land of my ancestral house on the" All Certificate of Land Real Estate "in 1951. Certificate? In the past ten years, I have been constantly litigation and complaints, why can't I win a lawsuit? "On April 7 this year, Song Moulin, who was nearly 60 years old, came to Baoying County Procuratorate, emotionally told the grievances.

Song Moulin told the prosecutor that in 1950, his father Zhang Mou entered the Song family and divided the Song family's property. In order to avoid disputes in the future, Zhang specially applied for the "Land Real Estate Certificate" in 1951. In the late 1950s, Zhang and his family moved to the city to settle. In 2013, the 10th year after Zhang's death, according to rural customs, Song Moulin was going to return to his hometown to hold a sacrifice activity for his father, but his cousin Song Mou first said that the ancestral house no longer existed in the ancestral house. Once, the houses are built by themselves and rejected Song Moulin's request. The two sides argued for this. Song Moulin claimed that there were two in his ancestral house, and he also had the "All Certificate of Land Real Estate" left by his father. Song Mouxian insisted that Song Moulin said that the ancestral house was broken and collapsed as early as decades ago. Now the house is after the village re -assigned the old house site. The property right certificate issued by different years, the property owner above clearly stated that it was Song Mouxian.

Song Moulin was unconvinced and believed that the relevant government departments were allocated to Song Mouxian who belonged to his ancestral house site. In March 2013, Song Moulin filed an administrative lawsuit with the county government as the defendant, asking for the revocation of the collective land construction land use certificate held by Song. Reject his prosecution. In October 2013, Song Moulin complained to the court first and asked to return the ancestral house. The court decided to reject his lawsuit on the grounds of the evidence provided by Song Moulin and the objective facts.

Song Moulin still did not accept it, and once again filed an administrative lawsuit with the county land administrative department as the defendant, requiring the cancellation of the collective land construction land use certificate held by Song. Rejects its prosecution. Since then, administrative lawsuits have experienced second trials and retrial, and Song Moulin's lawsuits have not been supported.

In March of this year, Song Moulin submitted an application for supervision to the Yangzhou Procuratorate in Jiangsu Province. After the Yangzhou Procuratorate was accepted, the Baoying County Procuratorate where the property was located was assisted in the case.

Roots

There is no statutory supervision situation

"I am a business person. For so many years, I have been legal rights protection. I have never done the situation step by step. I have never done illegal. "Every time he communicates with the prosecutor, Song Moulin emphasizes that he must legal rights to protect his rights and find out the truth.

The prosecutor's prosecutor retrieved the relevant litigation papers to the court, of which the re -hearing administrative ruling made by the Jiangsu Higher Court in October 2021 stated that "according to Article 15, paragraph 1 of the" Administrative Procedure Law of the People's Republic of China " The counterparty of administrative behavior and other organizations who have a favorable relationship with administrative actions have the right to filed a lawsuit. Song Moulin filed an administrative lawsuit in 2013 and asked to revoke the land certificate issued by the land administrative department, but the original trial The court believes that Song Moulin did not resolve real estate disputes, did not clarify that he had legitimate rights to dispute houses, and did not have the qualifications of the plaintiff's subject, and ruled that Song Moulin filed a civil lawsuit on the disputed house. Some of them were legally obtained, and the houses on the disputed plot were built by Song first and received the property right certificate. Therefore, Song Moulin did not have legal rights and interests for disputed land and houses. The interest relationship does not have the qualifications of the plaintiff for administrative lawsuits. "

Through the careful review of relevant dossier and evidence materials, the prosecutor believed that the court rejected the legal basis of Song Moulin's lawsuit request, and there was no legal supervision situation in this case. However, Song Moulin did hold the 1951 "All Certificate of Land Real Estate". Essence

Subsequently, the administrative procuratorial department of the Procuratorate of Yangzhou City and Baoying County held a joint meeting of the prosecutor to study and determine the next investigation direction, and determined to conduct investigations on issues such as the authenticity of the three documents held by the two people. Later, the prosecutor visited the Natural Resources and Planning Bureau (formerly Land and Resources Bureau). The relevant person in charge of the bureau said that all registration materials are now kept by the county real estate registration center. Subsequently, the prosecutor went to the County Real Estate Registration Center for inquiries. The staff of the Real Estate Registration Center did not inquire about the relevant information in the relevant management system, and suggested to consult with the township where the real estate is located. "The" All Land Real Estate Certificate "held by Song Moulin was not long after the establishment of New China, and the two property rights certificates held by Song first were applied in the 1990s. For a long time from this age, after addition, the county has experienced a variety of situations such as the withdrawal of the hometown and the town, the functions of the office, the migration of the office, and the renewal of the certificate of the rural homestead. Some old archives in the township have been transferred to the county archives for custody, and you can go there to get lucky. "The person in charge of the township archives room said.

The prosecutor went to the county archives for inquiries. The staff of the county archives said after inquiring that the museum did receive some of the early archives of the townships, but they were all file files and did not have files related to the land certificate. After listening to the response from the staff of the archives, the prosecutor still did not give up, and asked them to retrieve the file files of the township where the property was located, hoping to find some valuable information. After searching, the prosecutor discovered a notice on the "Notice on Further Strengthening the Management of House Center and Housing" in March 1997. This notice requires the formulation of homesteads, housing property rights registration, and certificate issuance plans to ensure that it is fully completed at the end of May. The whole township investigation, registration, and certificate issuance work. The filling time of the second document held by Song was April 1997. The prosecutor preliminarily judged that although the notification document could not directly prove the authenticity of Song's first property certificate, to a certain extent explained that Song's first property certificate was likely to be a new certificate. The certificate was not recovered in time.

Doubt

Interpretation of Family Reconstruction

The prosecutor found in the process of communicating with Song Moulin many times that Song Moulin's family economic conditions were very good. In the 1970s, his father Zhang Mou returned to his hometown and province. A certain forest has been abiding by the law for many years, and knows that his birthplace or household registration is not in the village where the real estate is located, and there is no right to collect the homestead in the village. The prosecutor's comprehensive judgment believes that Song Moulin's fundamental demand is not to win housing property rights and homesteads, but just doubts about the authenticity of Song Mou first, especially for not being held for his father in his ancestral house. The sacrifice activities are worried. Combined with the evidence that has been investigated, comprehensive considerations of Song Moulin and Song Mouxian are cousin and other factors. The case may have the possibility of substantial resolution of administrative disputes.

In May this year, the prosecutor accompanied Song Moulin to the village where he was located again, and invited the surrounding neighbors and retired veteran cadres to resolve conflicts and disputes together. At the scene of the village retirement cadre, Liu Mou said: "During my tenure as the captain of the village production team in the 1960s, Song Moulin's father did have two cottages. The location of the open space is going north and south. Later, no one lived, coupled with the years of disrepair, I don't remember when it collapsed, the village divided the land to Song first. It was built in the 1980s. "Other people present agreed with Liu.

"At that time, it was because my family had a sacrifice activity. According to our customs, it was not suitable for your father in the house. Now, if you want to come, the cousin is not worth it." Song, who was over seventies, came to the scene first. At this time, everyone persuaded Song Moulin and Song to let go of their grievances and eliminate each other's gap.

Prosecutors also said that in 1995, the "Several Provisions of determining the ownership of land and use rights" issued by the State Land Administration stipulated that the land reform was given to farmers and issued all the land certificates of the land, which belonged to the collective ownership of farmers. For house demolition, reconstruction, or natural collapse, if the actual land user has been changed, the land use right can be determined to actual land users after approval and approval according to law. According to the survey, Song first re -distributed the homestead through the village collectively, and issued a certificate to confirm the right to confirm the authority by the competent department, which complied with the laws and regulations at the time.

The sincere and eager words of the folks at the scene and the patient's patient interpretation of the prosecutor said that Song Moulin was touched. He stated on the spot that the fact that his ancestral house had collapsed many years ago and the homestead was re -divided by the village. He also expressed his understanding of Song Mou first refusing to do a sacrifice in his house. (Prosecutor's Daily Author: Guan Ying Chen Jing Comic: Yao Wen)

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