The old man bought a house to send his son, stayed for living, but was driven out of the house after birth?IntersectionThe court judged like this →

Drawing/Zhang Plain

Mr. Zhang (a pseudonym), who was over seventy years old, bought a house for himself and his wife. He was registered under his younger son. He did not want to have a disease and became a person with no civil behavior. After coming out of the hospital What is going on with his wife who has moved out of the house for more than ten years and lives in renting a house? Recently, the Siming Court tried such a case.

The old man was forced to move away from the house where he lived for many years

Mr. Zhang and Mrs. Zhang have 4 children. In December 2003, Mr. Zhang bought a house in a community in Xiamen and was registered under the name of Xiao Hui (a pseudonym) who was still studying in college and had no source of income, but the house actually lived by him and his wife. Keep it by his wife. Xiaohui also issued a "Guarantee" promised that the house was used as a parent's life, living and pension, and ensured that the real estate did not transfer the sale of the property in the lifetime of his parents.

In 2019, Mr. Zhang was hospitalized with a sudden brain hemorrhage. Later, Mr. Zhang was judged as a person -free person -capable person. According to the application of Mrs. Zhang and two daughters, the court specified Mr. Zhang's eldest son Dahui as his guardian.

"After the Spring Festival in 2020, Xiaohui threatened his parents out of a community. After being rejected, Xiaohui cleared his parents directly, and changed the door to the door and forcibly drove them out." His son Dahui (pseudonym) said that, compared with these, it was more excessive that Xiao Hui took care of his father at the hospital, and made up the property certificate of the house on the grounds that the property right certificate was lost and prepared to sell the house. In fact, the original property right certificate has not been lost, and the mother has been kept by the mother. Xiaohui not only did not fulfill the responsibility of protecting his parents' residence, but also seriously infringed his father's rights. It is hoped that the court will revoke his father's gift to Xiaohui and return the property rights to his father's name.

For Dahui, Xiaohui did not recognize the account. He said that only one son in his family stayed in Xiamen to fulfill his obligation to support his parents. As for why parents moved out of the community, they were to avoid disputes in the fight for property. Xiaohui said that Dahui went to a community many times to make troubles and poured glue to the house door locks, forcing him to hand over the house, and inspired his mother and relatives to make a statement that is seriously inconsistent with the facts. These are the behaviors of my brother to occupy the father's property, and hope that the court will revoke Dahui's right to guard against his father.

[Court believes] The gift contract should be revoked

The court trial believes that the property was invested by Mr. Zhang alone to buy and gift Xiaohui. The two parties gave the contract relationship. Xiaohui should bear the obligation to ensure that Mr. Zhang's residence rights contract.

Although the two sides held their own words for Mr. Zhang's moves from a community, according to the effective civil judgment, combined with relatives and care of their relatives and caregivers, Xiaohui's claim was difficult to be convincing. Xiaohui claimed that he had rented the house to a friend and could not immediately let his friends move away. However, friends do not know about key information such as intermediaries, content, rent, and houses set in the contract set in 2021. The first period of rent payment method does not match the description of Xiaohui, and Xiaohui's statement of the receipt of the receipt is also contradictory. Not only that, Xiaohui did not agree with his friends to continue renting and his father received a rent. He promised to resolve the lease relationship and let his parents stay in.

In summary, it can be determined that Xiaohui violates the provisions of the gift contract, and seriously infringes the legitimate rights and interests of Mr. Zhang, the gift contract, and the gift contract should be revoked. Xiaohui should register the house to Mr. Zhang.

Xiaohui refused to accept the verdict and appealed. During the trial of the second trial, the two sides reached a mediation agreement. Mr. Zhang and Mrs. Zhang gave up their claims to the right to give the house with the contract. Xiaohui agreed to live in the house to the end of the house and cooperate with the residence registration procedures, and apologized to his parents in writing.

(Xiamen Daily reporter Tan Xinyi Correspondent Si Fa Xuan)

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