Father welfare house buying is sister money for the certificate notarized brother-barcarolle

Father’s welfare housing is a sister buy money for the certificate notarized to give my brother "I pay money to buy the house, what will become one of their family?"" Yesterday, because of property disputes and conflicts of the niece of Ms. Jiang found Hongshan District Qingling Street Community lawyer Huangjiahu, consult for help. This year, Ms. Jiang, a 56 year old mother, has died. She has a younger brother, Ms. Jiang, who is also a sister and mother, pulls him up, and his feelings are very close. In 2001, Ms. Jiang’s father died, leaving a unit of welfare housing. The property right of the welfare house 40% is owned by the unit. According to the legal succession, the sister and the child inherit the property right of 30% of the whole house. In 2003, for the convenience of employees to deal with real estate certificates, his father began to sell the remaining property rights of welfare housing. Due to the tight hand of the brother, the two brothers reached an agreement, by Ms. Jiang advanced funds, to buy in the unit stipulated time to buy the remaining 40% of the property rights, the unit opened a receipt. Soon after, the two brothers went to the housing authority. However, according to the provisions of the housing authority at that time, the unit welfare housing can only be registered in a person’s name, the inheritance of welfare housing must be resolved by the heirs themselves share disputes. This let siblings committed. And fellow neighbors advised: "a family is also so clear what to do, first notarized, the real estate certificate run, the rest of your own discussion."!" Feel that the neighbors say reasonable, Ms. Jiang did notarization, the inheritance of the share given to his brother, in the name of his brother successfully handled the real estate certificate. In order to let his sister rest assured, the younger brother will be real estate exchange by Ms. Jiang custody. At the beginning of this year, the daughter of her brother put forward to Ms. Jiang, the hope of the welfare housing mortgage business, was Ms. Jiang refused. In a rage, niece that Ms. Jiang to the house at all, but also occupy their own real estate license. Ms. Jiang was angry and anxious, and consulted with community lawyers. In her view, at the beginning, do notarization just in order to deal with real estate certificate as soon as possible, this house and how does it have nothing to do with yourself? To this end, the community lawyer Xiong explained that the death of Jiang’s father left 60% property welfare housing, Ms. Jiang and his brother have the right to inherit. But at that time, in order to facilitate the real estate license, Ms. Jiang has notarized the inheritance of these 30% property rights given to his brother, the validity of notarization. After the death of the father, Ms. Jiang invested 40% of the units purchased to the unit, if you can come up with effective proof of the collection of units and other evidence to prove their own investment facts, you can sue to the court to confirm their share, or ask his brother to give appropriate compensation. At the same time, Xiong lawyers reminded that the legal issues must be consulted clearly, not blindly listen to the "understanding person" opinion, to legitimate protection of their rights and interests. (reporter Ming Lingxiang correspondent Huang Jiani Li Yijie Yu Xiang)

父亲福利房买房是姐姐出钱 为办证公证赠予弟弟“我出钱买的房子,凭什么就变成他们一家的了?”昨天,因房产纠纷与侄女闹矛盾的姜女士找到洪山区青菱街黄家湖社区律师,咨询求助。今年56岁的姜女士母亲早亡,有一个弟弟,姜女士亦姐亦母地把他拉扯大,双方感情十分要好。2001年,姜女士父亲去世,留下了一套单位福利房。该福利房40%的产权归单位所有,按照法定继承,姐弟俩各继承整套房屋30%的产权。2003年,为方便职工办理房产证,其父所在单位开始出让福利房剩余的产权。由于弟弟手头紧张,姐弟俩达成一致意见,由姜女士垫付资金,赶在单位规定的出让时间里买下了剩余40%的产权,单位开了一张收据。不久后,姐弟俩一起到房管局办证。然而,根据当时房管局的规定,单位福利房只能登记在一个人的名下,继承的福利房必须由继承人自己解决份额纠纷。这让姐弟俩犯了难。而同行的邻居劝道:“一家人还分那么清楚干什么,先做个公证把房产证办好,剩下的你们自己商量嘛!”觉得邻居说得有理,姜女士做了公证,把自己继承的份额赠予给了弟弟,以弟弟的名义顺利办理了房产证。为了让姐姐放心,弟弟将房产证交由姜女士保管。今年初,弟弟的女儿向姜女士提出,希望将该福利房办抵押贷款做生意,被姜女士拒绝。一怒之下,侄女认为,姜女士跟这房子一点关系都没有,还霸占自家房产证。姜女士又气又急,向社区律师咨询。在她看来,当初,做公证也只是为了尽快办理房产证,这套房子怎么会和自己没有关系?为此,社区律师熊典解释,姜父去世时遗留下的60%产权的福利房,姜女士和弟弟都有继承权。但当时为了方便办理房产证,姜女士已经公证将自己继承的这30%产权赠予给了弟弟,公证的效力不容置疑。至于父亲去世后姜女士出资向单位购买的40%的部分,如果能够拿出单位收款证明等有效证据,证明自己的出资事实,那么可以向法院起诉要求确认自己的份额,或者要求弟弟给予相应补偿。同时,熊律师提醒,涉及法律问题一定要咨询清楚,不要盲目听从“明白人”的意见,要合法维护自己的权益。(记者明凌翔 通讯员黄佳妮 李祎洁 余翔)相关的主题文章: