Taybar white paper, why is it invalid?

In the early morning of July 20, Wuyun surged and rainstorms. At the 12309 Procuratorate of Jianghan District Procuratorate, Wuhan City, Hubei Province, Wang Ping, the deputy prosecutor of the institute, just settled, and a pale -haired old man handed a civil judgment. "Mother's will's will with a white paper and black words, the house is inherited by me, and the brothers all recognize it. Why is the court be invalid?"

Then the old man said that she repeatedly reported the situation to the relevant departments, but the problem never was resolved. She hoped that the procuratorate could help her recover her mother's house.

Wang Ping quickly browsed the materials handed over by the elderly while soothing the old man who was so excited. Between the question and answer, the original committee gradually became clear. It turned out that the focus of this inheritance dispute mentioned by the elderly was an old house carrying four brothers and sisters. When the visiting old man was young, he aid Xinjiang and returned to Wuhan after retirement. The mother loved her daughter and left the house to her before dying. Now that the house is relocated, the old man is told that the compensation for the house demolition cannot be alone. The court also judged that the mother's will is invalid. The old man is really unacceptable to such results.

After reading the evidence contained in the judgment, combined with the statement of the elderly, Wang Ping found the crux of the problem: the nature of the house involved in the house belongs to the rental public housing. Because the house has not been participated in the housing reform, the ownership of the house always belongs to a state -owned company. Legal residence rights. Wang Ping's judgment based on this, the court's judgment was not improper. The reason why the visiting old man could not accept the court's judgment was because he did not understand his rights and subject status in legal relations, and the negative emotions that had not been explained by many petitions had not been explained by his conviction and solidified his wrong understanding.

Wang Ping decided to open the legal knowledge such as residence, property rights, and inheritance rights to break the detailed explanation of the elderly: "According to the law, the legacy is the personal legal property of the citizen's death, and the house lease right does not have the inheritance attributes of heritage attributes In other words, your mother has no right to divide the house, so the court will judge that the will is invalid. "

"According to the" Regulations on handling the transfer, division of households, and renamed "of the Wuhan Housing Management Bureau, the death of the public housing, the new lessee must be the close relatives of the original rental and have the household registration of Wuhan, and A close relatives who live together and have no housing in the original tenant. The house is now planned to be divided into the demolition scope. For the compensation of the residential person in the public rental housing, the relevant functional departments shall handle it in accordance with laws and regulations. Apply. "

After listening to Wang Ping's words, the emotions of the elderly gradually calmed down and entered a state of rational communication, but they still showed their thoughts in the eyebrows. Considering that the old man's concept is still time, the prosecutor of the case presentation suggests to hold a simple hearing on the spot to resolve the contradictions in a timely manner and solve the elderly's heart knot.

With the consent of the elderly, the prosecutor handling the case invited people's supervisors and duty lawyers as a hearing to participate in the hearing. At the hearing, the old man told the hardships of his life, talked about the hard work of helping Xinjiang and his contribution to the family ... When the grievances and anger of the inner stasis were solved and guided, the old man accepted the prosecutor's handling opinions: the case was involved in the case: The house belongs to a public rental house. The will cannot be punished for the nature of the property.

The two listeners agreed with the opinions of the procuratorial organs, and suggested that the elderly fully negotiated the solution with their families through channels such as commissioning the people's mediation committee and community mediation organization to meet the cracks of affection and let life return to normal as soon as possible.

"The gain is a lot today." After the simple hearing, the elderly wrote when the old man signed the signature of the response agreement.

According to the prosecutor of the case, the Jianghan District Procuratorate organized a total of 19 procuratorial hearings this year, of which 11 were simply publicly hearing, and timely answered the demands of the masses. The case is the first civil appeal case that the hospital successfully resolved through a simple public hearing this year.

"Procuratorate hearing is a process of healing for the elderly. The procuratorial organs provided her with a platform for expressing emotions for the first time. In the end, the 'positive path of resolving the contradictions of family relationships for her. Prosecution hearing is not only a legal process, but also a temperature procedure. It is this procedure to build an indispensable scene for the successful resolution of contradictions today. "Send away away. After the elderly, Wang Ping summarized the interview process. "When dealing with letters and visits, we must always keep the state of being 'standing with a petitioner and feel the same. The advantages of this mechanism of hearing can be played as much as possible, and strive to allow each petition contradiction to be properly resolved according to law. "

(Source: Procuratorial Daily Author: Zhou Jingjing Fu Jingyi Lefeng)

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