The old lady selling a house for the elderly to meet her daughter obstructs: harassing buyers, lawsuits, refusal to teach the house ...

An old mother in Hangzhou wanted to sell houses for retirement, but she did not expect to be blocked by her eldest daughter. For two years before and after the lawsuit, although the old mother wins the lawsuit, she also encountered her eldest daughter and resolutely refused to retreat from this house. The old mother had no choice but to apply for compulsory execution ... This wave of family disputes was in the Judge of the West Lake Court of Hangzhou. Under the handling of the executive, the case finally ended.

Old mother wants to sell houses for the elderly

My daughter obstructs losses

Grandma Wang had a son and two daughters. In 2020, Grandma Wang considered that she was old and had a large burden of medical care. To pay their own medical and pension costs, the other three are divided by three children.

Grandma Wang was also hung in this house with her eldest daughter A Ping and her eldest daughter's son. A Ping and his son kept living here. Grandma Wang lived with her little daughter all year round. Grandma Wang said that at the time, the three children agreed to sell her house for retirement, and she also agreed that A Ping proposed that she would move away from the end of 2020.

However, after Grandma Wang signed a housing contract and received the intention of buying a house of 100,000 housing, A Ping not only telephone number and WeChat harass the buyer, but also said, "I will not move the account, and I will not move." Grandma Wang had repeatedly communicated with A Ping, so he had to terminate the contract, and paid 50,000 yuan in compensation and 10,000 yuan intermediary service fee in accordance with the contract, which is equivalent to saying that Grandma Wang's house was sold out and lost 60,000 yuan.

Is the lawsuit the true wishes of the elderly?

The judge rushed to the plaintiff's house to understand the situation

In the same year, Grandma Wang came to the West Lake Court to sue A Ping and A Ping's son, asking them to move away from and returned the house from her real estate immediately. At the time of the case, Grandma Wang's agent said that it is understood that A Ping had a set of affordable houses, and there was no place to go after moving.

Among the two defendants, only A Ping appeared in court. A Ping believed that his mother had been inconvenient to move, and had no energy and could not sue herself.

A Ping also said that the mother's retirement treatment is good. There is no need to go to the point of retirement of houses. The arrangement of the mother's selling and a flat -sharing model does not recognize herself. Therefore, she refused to sign a document on the real estate written by her mother at that time. As for the application of the affordable house, it was applied for a son -in -law and gave him a wedding house.

In order to find out the case, the judge went to Grandma Wang's house during the trial and asked about whether the lawsuit in the case was her own opinion. Grandma Wang said that because A Ping had been dragging and refused to move away, he commissioned his son and the second daughter to help deal with the matter. The lawsuit and the lawyer were all her true meaning.

The case can be judged, what about the gap between the family?

Speaking of judges: I hope that the family can communicate and solve

After hearing, the court believed that the owner had the right to possess, use, earn, and punishment in accordance with the law. If there is no right to occupy real estate, the right holder may request a return to the original to eliminate obstacles. In this case, Grandma Wang, as the sole property owner involved in the house, has a complete property rights involved in the house, and his legal exercise of property rights is not interfered by others.

Grandma Wang arranged the property distribution of the house after the disposal of the house, and fully considered the interests of the children, and there was no subjective malice that infringed the rights and interests of the defendant. Grandma Wang asked the second defendant to move out of the house involved in the house to comply with the law and the court to support it.

At the same time, the undertaking judge pointed out in the judgment that this case is actually a dispute caused by the internal contradiction between the family in this case. Only a paper judgment cannot resolve the contradiction between the two parties. The way of communication solves the problem.

The West Lake Court ruled in the first instance that A Ping and his son retreated and moved away from the house involved in the house 15 days from the date of effectiveness.

Later A Ping refused to accept the verdict and appealed. In November 2021, the original judgment was maintained in the second instance.

These two lawsuits have been hit, which not only spent nearly two years, but also more strangers between mothers and daughters and brothers and sisters. After the second trial was effective, A Ping was still unwilling to perform the verdict, and Grandma Wang had no choice but to apply for enforcement.

The execution process is twists and turns

Grandma thanks to the court police officer's serious and responsible

After the execution of the case, the court issued an execution notice to the executed person as soon as possible. The judge also came to the door many times and wanted to persuade A Ping to move away by himself, but A Ping had been avoided by excuses such as seeing a doctor and something. The judge contacted A Ping's son. He always said that he would cooperate, but immediately found a bunch of reasons to say that he could not move for a while.

At the same time, the judge went on the spot to check the affordable house under the name of A Ping and found that the set of houses was indeed half decorated. On the other side, the judge learned that Grandma Wang was hospitalized recently, and she was even more likely to be as soon as possible.

Because the executed person has not been actively fulfilled and suspected of refusal, the court issued a notice of pre -shift rejection on March 28, 2022, and once again notified the executed person to perform within a time limit, and pointed out Suspected of refusing to implement the judgment and ruling to be transferred to the public security organs for processing.

After the notice was issued, A Ping's son contacted the court and expressed his willingness to take the initiative to retreat and move away. On May 16, A Ping's son came to the scene as agreed. Although the items in the house were not moved away, he left the key to the applicant in front of the judge.

But when everyone thought that the case could be ended, the judge received a notice that A Ping pused in and unlock it himself, and the judge immediately rushed to the scene to criticize and educate A Ping. On May 24th, A Ping, who finally realized the wrong, called his son to help, moved all the things in the house together, and truly completed the retreat. The court delivered the house to the applicant on the spot. Recently, Grandma Wang's son and little daughter sent Jinqi to the undertaking judge to thank the judge for their work. Grandma Wang also sent a thank -you letter to the court: "It is the spirit of the judge's serious law enforcement, showing the spirit of the court's service for the people, practicing the sacred mission of the people's judges with actual actions, and maintaining my 96 -year -old man. The legitimate rights and interests make me regret in my lifetime. "

At the same time, Grandma Wang also thanked the first instance of the case of the judge and clerk in the letter. They made a lot of serious and meticulous investigations on the case during the first instance. Based on facts, the law was based on the law, and a fair judgment was made in accordance with the law. Grandma Wang also thanked the letter for all the court police officers who handled the case with sincere gratitude.

(The people in the text are a pseudonym)

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