She is a bit hard to chase as a partner
Chapter 24 Case 3, 02
It took Tang Qian almost an hour and a half to go back and forth.During this hour and a half, Pan Xiufeng and Xing Yunduo sat there staring at each other.Anyway, as long as Tang Qian didn't bring over his birth certificate for a moment, she wouldn't talk about the case itself.In order to prevent embarrassment for herself and Xing Yunduo, Pan Xiufeng ate two pieces of cake in one go.
After all, eating and drinking is the easiest way to relieve embarrassment!
"Lawyer Xing, you order, you also order a piece? The cake here tastes good!" She also warmly greeted Xing Yunduo.
"No, no, I have bad teeth." Meiren'er didn't think about anything other than praying that her partner would be faster.With such a thick skin, she actually felt a little embarrassed in this environment.
Finally, Tang Qian came back quickly.When Pan Xiufeng had just finished eating the second piece of cake, she quickly walked in with her birth certificate. "Ms. Pan, take a look." She handed it to Pan Xiufeng.
The latter took it, even though it was only a piece of paper, he looked at it carefully inside and out for a long time.All it takes is some kind of instrument to come over to see if the hospital's seal is true.
"Okay, okay. Then your horoscope will be correct, and I will definitely go through with this lawsuit." The sternness and scrutiny on her face disappeared at this moment, and she changed into the look of a passionate aunt in the TV series.
Later, Xing and Tang finally heard the complete case.
From Pan Xiufeng's description, the two heard a word that is close to death in the existing legal system, pawn.
This is a fairly ancient right, and it is generally believed that it can be traced back to the Western Zhou Dynasty.In the long river of history, it was once brilliant, and it was even a means for some people to survive.However, the world of mortals was rolling, and in the end, it still came to a dead silence.
In the existing legal system, there are only a few articles about it.And that pioneering property law did not even leave its name.
The so-called pawn right refers to the right to obtain the ownership of other people's real estate by paying the pawn price to obtain the ownership of the real estate when the real estate is overdue and has not been redeemed.In the legal relationship of pawn rights, the party who pays the pawn price and uses the proceeds from other people’s real estate is called the pawner; , known as tokens.
The subject property of Pan Xiufeng's inheritance case is a very typical allotment, at least, the source of the house is a allotment.
A source of property rights that is rarely heard in the existing society.
On April 1961, 4, the contractor Lu Yunsheng and the contractor Xu Junhua signed a contract. Due to the urgent need for funds, Lu Yunsheng used his small garden house located at the end of Hongyun Road in the north of Chuanhai City to use Xu Junhua.According to the contract, the price of RMB 17 million is equivalent to 2,000 real units, and the code period is three years from the date of signing. Other rights and obligations are also stipulated in the contract.
During the ceremony, Lu Yunsheng went to Green River City to visit his relatives, and he never came back.
On May 1964, 5, the three-year period has passed.Xu Junhua wrote to Lu Yunsheng, but it was returned.According to the contract and the legal provisions at that time, the property rights of the small bungalow naturally belonged to Xu Junhua.However, Xu Junhua has not gone through the formalities of changing property rights.
In 1985, Lu Yunsheng died.
Times have changed, times have changed.The nature of the property rights of the small bungalows ranged from unowned houses to public houses and then to private houses. It was finally registered in the name of Xu Junhua’s youngest son Xu Qigang in 1989. A few years later, Xu Qigang added his wife Wang Meiyun’s name to the house.Now that Xu Qigang is dead, his three heirs are in conflict again regarding the ownership of the house.
Xu Qigang's three heirs are the eldest son Xu Hongsheng, the second son Xu Zeyue, and the youngest daughter Xu Beilei.
And Pan Xiufeng is Xu Hongsheng's wife.Her son is called Xu Hanjie.
Objects are sometimes the best witnesses of emotions in the world.When this small bungalow first became a private house, it experienced a round of battles among heirs, and finally Xu Qigang obtained its property rights.And now, 30 years later, the same story is happening again.
Back to the present time, Xing Yunduo picked up one of the few pieces of paper that Pan Xiufeng spread in front of the two of them just now, which was an appointment letter from the notary office where the house was located.She looked at it, and slowly read it aloud.
"The content to be notarized is the ownership of the small house in the garden at No. 3200 Chuanhai Road in the north of Chuanhai City; the time to be notarized is within 15 days after the signing of the letter of intent, and a new appointment will be made after the time limit; the content to be notarized is that the above-mentioned small house is now registered in my name , owned jointly by myself and my deceased wife, which belonged to me, and was left to Xu Hongsheng and Xu Hanjie during my lifetime and after my death; the person who filled it out is Xu Qigang." At the same time, under this letter of intent, there is also a group of Xu Hanjie Handwritten, "I agree to accept this gift."
"It's this thing," Pan Xiufeng's tone changed at this time, instead of the firmness just now, there was only eagerness, "We don't have anything else, just this one. If we go to court with this thing, will we win? "
Xing Yunduo put down the paper, looking embarrassed.
"If you insist on saying that this appointment form constitutes a legal self-written will, it is really a bit reluctant. Let's not say anything else. The first requirement of a will is that you must clearly write 'will' on the letterhead ' Two words. Otherwise, it is just a person's meaning."
Pan Xiufeng immediately refuted her, her attitude became much more fierce: "It's fine if you express it? If you express it, you have to do it according to my father-in-law's expression!"
Not only Xing Yunduo, Tang Qian also laughed inwardly—Pan Xiufeng's words may be the biggest misunderstanding of the law by the parties involved!For legal terms to be effective, certain elements must be met.Taking a self-written will as an example, the word "will" must be clearly stated in the text.As for other wills, such as oral wills, the composition is more stringent.A guest once asked Xing Yunduo whether his gay man said to the recorder "I leave all my savings to my parents and my house to you" on the hospital bed before he died. When it was useful, Xing Yunduo once told him regretfully that this sentence was indeed what your lover meant, but it couldn't take effect.And the ending of this story is that the parents took all their son's property and left nothing to the gay man.
If Pan Xiufeng only had this note, then her result would be exactly the same as that of this guest.
"Think about it again, has anything else happened to your family about this house?" Xing Yunduo decided to ask a question first to ease the atmosphere.
Perhaps because of her belief in Feng Shui, Pan Xiufeng's short-term dissatisfaction disappeared immediately.She thought for a while and said, "I don't know if this is okay? You have also seen that besides my father-in-law, there is also my mother-in-law's name on this house! But for a long time, my father-in-law just wanted For my son, because among the three brothers and sisters, I was the only one who gave birth to a son." When she said this, she was a little complacent.
Xing Yunduo smiled and asked Pan Xiufeng to continue talking.She was too lazy to complain about patriarchy.
"In fact, I went to the real estate transaction center to ask more than a year ago, and said that not only my father-in-law's name was on the house, but also my mother-in-law. My mother-in-law had passed away for several years at that time, and my father-in-law was four years old. He passed away a month ago. So at that time, the people in the real estate transaction center said that to change this house into my son’s name, there are actually two things to do. My father-in-law’s place is for sale, and my mother-in-law’s place is for inheritance.”
Xing Yunduo nodded, different legal relationships, this point, the real estate transaction center is right.
Pan Xiufeng added: "So the people in the real estate transaction center said that you can do it together, but you have to pay different taxes for buying and selling and inheriting. Then, everyone came together and signed everything."
Xing Yunduo nodded again, and tried to speak concisely: "For business matters, your father-in-law and your son have two contracts. For inheritance matters, your father-in-law, your husband, your husband's brother and sister, four people sign a contract. a contract."
"That's right, that's what I said. Anyway, I can't remember the details. Then we talked with the second and third children for half a year, and finally the discussion was almost done, and they agreed. But the premise is that the first , From now on, we will be responsible for my father-in-law's birth, old age, illness and death, and they won't take care of it anymore, and they won't pay a penny. Second, give them a compensation of [-] yuan each. If you agree, they will go to the real estate transaction center to go through the formalities."
"Then, did they go?"
Pan Xiufeng's expression at this moment changed back to the fierceness just now. She poohed in disgust, and then said: "This is where they are shameless. You also know that it takes several times to go to the real estate transaction center to complete the transfer. You Or don't come at the beginning, we can do whatever we want. But they were lucky, they arrived on time the first few times, and the last time they signed, they not only didn't come, but also sent us a message, I'll show you this message!"
After speaking, Pan Xiufeng began to flip through the text messages one by one.In this regard, she is very clear, knowing that important text messages cannot be deleted.
"Look!" She turned to this and handed the phone to the two people in front of her.
They glanced at it, and the text of the text message read like this—"Brother, we also asked the lawyer, you lied to us, and the letter of intent for justice is not counted at all. We know that Dad likes Xiaojie, you let us let him Some are fine, but we can’t let us give up so much, it’s bullying us. We won’t come.” Signed by the names of Xu Zeyue and Xu Beilei.
Pan Xiufeng scolded fiercely: "My father-in-law fainted from anger because of this text message, and lay in the hospital for several days. After he came out, he still thought about this matter, so he went for a notarization. But before he finished, It won't work..." When she said this, she took a deep breath and stopped talking.
Indeed, there is no need to go any further.
The facts of the case are quite obvious so far, at least from the perspective of Pan Xiufeng's family, it is very obvious.Xing Yunduo tapped on the table with her fingertips and concluded for her: "So if we think about this case from another angle, your father-in-law had a legal act of donating before he was alive, but this kind of behavior was not because of his own true will. broken."
"Yes, that's right, it's just that I was interrupted, so can I win the lawsuit?" Although he didn't know what Xing Yunduo said legally, the other party's conclusion was completely different from other lawyers. Get her excited.
"A lawyer can't promise the result, but I can tell you this, your lawsuit can be fought." Xing Yunduo smiled at her, showing her small white teeth.
"Let me go over this for you. This is my understanding of this case. Sister Pan, you can understand as much as you can. This is not an inheritance case. You have always misunderstood the cause of the case. This should be a gift case. You treat me as your father-in-law. I have already done a gift before I was alive, and I need your cooperation to complete this gift. And because of your Xu Zeyue and Xu Beilei’s unauthorized breach of contract, I did not complete this while I was alive. Behavior. Therefore, the unfinished deeds during life continued after death. If the two of you want to inherit my property, you need to complete my deeds during my lifetime. Therefore, they can indeed inherit the property in the end, but after the inheritance is over, they must complete my deeds during my lifetime. This behavior is to transfer the inherited property to your son. Does this mean getting everything? So the lawsuit can be fought, split into two or merged into one. "
"However, one thing I must tell you is that there are risks in everything. There is no case that a lawyer can guarantee to win [-]%. You also have such risks. I hope you can understand."
Pan Xiufeng also laughed happily: "Understood, I understand. I just said, you need to find someone with the right horoscope, otherwise it won't work. Then I will leave this to you! By the way, the money for today's cake and coffee will be counted on the lawyer's account." It’s Ferry’s! I already asked you to do such a big business, so you can treat me to a few small cakes, no problem!”
What she didn't tell Shen Moli was that in fact, she had already found a good lawyer, not just one, but after chatting with her, she always felt that the other party was worse here or there.Now that I think about it, maybe it's because I don't have the determination of the little girl in front of me?Or, it's not as good as this little girl?
Oh, by the way, one of them said the same thing as the little girl.However, I don't want to invite her to eat an ice cream. Can such a lawyer please?
This is the one in front of me, this one in front of me, not bad.
Isn't a 95% win in a hundred things a 100% win?
"No problem, no problem." In front of her, Xing Yunduo still smiled kindly.
After all, eating and drinking is the easiest way to relieve embarrassment!
"Lawyer Xing, you order, you also order a piece? The cake here tastes good!" She also warmly greeted Xing Yunduo.
"No, no, I have bad teeth." Meiren'er didn't think about anything other than praying that her partner would be faster.With such a thick skin, she actually felt a little embarrassed in this environment.
Finally, Tang Qian came back quickly.When Pan Xiufeng had just finished eating the second piece of cake, she quickly walked in with her birth certificate. "Ms. Pan, take a look." She handed it to Pan Xiufeng.
The latter took it, even though it was only a piece of paper, he looked at it carefully inside and out for a long time.All it takes is some kind of instrument to come over to see if the hospital's seal is true.
"Okay, okay. Then your horoscope will be correct, and I will definitely go through with this lawsuit." The sternness and scrutiny on her face disappeared at this moment, and she changed into the look of a passionate aunt in the TV series.
Later, Xing and Tang finally heard the complete case.
From Pan Xiufeng's description, the two heard a word that is close to death in the existing legal system, pawn.
This is a fairly ancient right, and it is generally believed that it can be traced back to the Western Zhou Dynasty.In the long river of history, it was once brilliant, and it was even a means for some people to survive.However, the world of mortals was rolling, and in the end, it still came to a dead silence.
In the existing legal system, there are only a few articles about it.And that pioneering property law did not even leave its name.
The so-called pawn right refers to the right to obtain the ownership of other people's real estate by paying the pawn price to obtain the ownership of the real estate when the real estate is overdue and has not been redeemed.In the legal relationship of pawn rights, the party who pays the pawn price and uses the proceeds from other people’s real estate is called the pawner; , known as tokens.
The subject property of Pan Xiufeng's inheritance case is a very typical allotment, at least, the source of the house is a allotment.
A source of property rights that is rarely heard in the existing society.
On April 1961, 4, the contractor Lu Yunsheng and the contractor Xu Junhua signed a contract. Due to the urgent need for funds, Lu Yunsheng used his small garden house located at the end of Hongyun Road in the north of Chuanhai City to use Xu Junhua.According to the contract, the price of RMB 17 million is equivalent to 2,000 real units, and the code period is three years from the date of signing. Other rights and obligations are also stipulated in the contract.
During the ceremony, Lu Yunsheng went to Green River City to visit his relatives, and he never came back.
On May 1964, 5, the three-year period has passed.Xu Junhua wrote to Lu Yunsheng, but it was returned.According to the contract and the legal provisions at that time, the property rights of the small bungalow naturally belonged to Xu Junhua.However, Xu Junhua has not gone through the formalities of changing property rights.
In 1985, Lu Yunsheng died.
Times have changed, times have changed.The nature of the property rights of the small bungalows ranged from unowned houses to public houses and then to private houses. It was finally registered in the name of Xu Junhua’s youngest son Xu Qigang in 1989. A few years later, Xu Qigang added his wife Wang Meiyun’s name to the house.Now that Xu Qigang is dead, his three heirs are in conflict again regarding the ownership of the house.
Xu Qigang's three heirs are the eldest son Xu Hongsheng, the second son Xu Zeyue, and the youngest daughter Xu Beilei.
And Pan Xiufeng is Xu Hongsheng's wife.Her son is called Xu Hanjie.
Objects are sometimes the best witnesses of emotions in the world.When this small bungalow first became a private house, it experienced a round of battles among heirs, and finally Xu Qigang obtained its property rights.And now, 30 years later, the same story is happening again.
Back to the present time, Xing Yunduo picked up one of the few pieces of paper that Pan Xiufeng spread in front of the two of them just now, which was an appointment letter from the notary office where the house was located.She looked at it, and slowly read it aloud.
"The content to be notarized is the ownership of the small house in the garden at No. 3200 Chuanhai Road in the north of Chuanhai City; the time to be notarized is within 15 days after the signing of the letter of intent, and a new appointment will be made after the time limit; the content to be notarized is that the above-mentioned small house is now registered in my name , owned jointly by myself and my deceased wife, which belonged to me, and was left to Xu Hongsheng and Xu Hanjie during my lifetime and after my death; the person who filled it out is Xu Qigang." At the same time, under this letter of intent, there is also a group of Xu Hanjie Handwritten, "I agree to accept this gift."
"It's this thing," Pan Xiufeng's tone changed at this time, instead of the firmness just now, there was only eagerness, "We don't have anything else, just this one. If we go to court with this thing, will we win? "
Xing Yunduo put down the paper, looking embarrassed.
"If you insist on saying that this appointment form constitutes a legal self-written will, it is really a bit reluctant. Let's not say anything else. The first requirement of a will is that you must clearly write 'will' on the letterhead ' Two words. Otherwise, it is just a person's meaning."
Pan Xiufeng immediately refuted her, her attitude became much more fierce: "It's fine if you express it? If you express it, you have to do it according to my father-in-law's expression!"
Not only Xing Yunduo, Tang Qian also laughed inwardly—Pan Xiufeng's words may be the biggest misunderstanding of the law by the parties involved!For legal terms to be effective, certain elements must be met.Taking a self-written will as an example, the word "will" must be clearly stated in the text.As for other wills, such as oral wills, the composition is more stringent.A guest once asked Xing Yunduo whether his gay man said to the recorder "I leave all my savings to my parents and my house to you" on the hospital bed before he died. When it was useful, Xing Yunduo once told him regretfully that this sentence was indeed what your lover meant, but it couldn't take effect.And the ending of this story is that the parents took all their son's property and left nothing to the gay man.
If Pan Xiufeng only had this note, then her result would be exactly the same as that of this guest.
"Think about it again, has anything else happened to your family about this house?" Xing Yunduo decided to ask a question first to ease the atmosphere.
Perhaps because of her belief in Feng Shui, Pan Xiufeng's short-term dissatisfaction disappeared immediately.She thought for a while and said, "I don't know if this is okay? You have also seen that besides my father-in-law, there is also my mother-in-law's name on this house! But for a long time, my father-in-law just wanted For my son, because among the three brothers and sisters, I was the only one who gave birth to a son." When she said this, she was a little complacent.
Xing Yunduo smiled and asked Pan Xiufeng to continue talking.She was too lazy to complain about patriarchy.
"In fact, I went to the real estate transaction center to ask more than a year ago, and said that not only my father-in-law's name was on the house, but also my mother-in-law. My mother-in-law had passed away for several years at that time, and my father-in-law was four years old. He passed away a month ago. So at that time, the people in the real estate transaction center said that to change this house into my son’s name, there are actually two things to do. My father-in-law’s place is for sale, and my mother-in-law’s place is for inheritance.”
Xing Yunduo nodded, different legal relationships, this point, the real estate transaction center is right.
Pan Xiufeng added: "So the people in the real estate transaction center said that you can do it together, but you have to pay different taxes for buying and selling and inheriting. Then, everyone came together and signed everything."
Xing Yunduo nodded again, and tried to speak concisely: "For business matters, your father-in-law and your son have two contracts. For inheritance matters, your father-in-law, your husband, your husband's brother and sister, four people sign a contract. a contract."
"That's right, that's what I said. Anyway, I can't remember the details. Then we talked with the second and third children for half a year, and finally the discussion was almost done, and they agreed. But the premise is that the first , From now on, we will be responsible for my father-in-law's birth, old age, illness and death, and they won't take care of it anymore, and they won't pay a penny. Second, give them a compensation of [-] yuan each. If you agree, they will go to the real estate transaction center to go through the formalities."
"Then, did they go?"
Pan Xiufeng's expression at this moment changed back to the fierceness just now. She poohed in disgust, and then said: "This is where they are shameless. You also know that it takes several times to go to the real estate transaction center to complete the transfer. You Or don't come at the beginning, we can do whatever we want. But they were lucky, they arrived on time the first few times, and the last time they signed, they not only didn't come, but also sent us a message, I'll show you this message!"
After speaking, Pan Xiufeng began to flip through the text messages one by one.In this regard, she is very clear, knowing that important text messages cannot be deleted.
"Look!" She turned to this and handed the phone to the two people in front of her.
They glanced at it, and the text of the text message read like this—"Brother, we also asked the lawyer, you lied to us, and the letter of intent for justice is not counted at all. We know that Dad likes Xiaojie, you let us let him Some are fine, but we can’t let us give up so much, it’s bullying us. We won’t come.” Signed by the names of Xu Zeyue and Xu Beilei.
Pan Xiufeng scolded fiercely: "My father-in-law fainted from anger because of this text message, and lay in the hospital for several days. After he came out, he still thought about this matter, so he went for a notarization. But before he finished, It won't work..." When she said this, she took a deep breath and stopped talking.
Indeed, there is no need to go any further.
The facts of the case are quite obvious so far, at least from the perspective of Pan Xiufeng's family, it is very obvious.Xing Yunduo tapped on the table with her fingertips and concluded for her: "So if we think about this case from another angle, your father-in-law had a legal act of donating before he was alive, but this kind of behavior was not because of his own true will. broken."
"Yes, that's right, it's just that I was interrupted, so can I win the lawsuit?" Although he didn't know what Xing Yunduo said legally, the other party's conclusion was completely different from other lawyers. Get her excited.
"A lawyer can't promise the result, but I can tell you this, your lawsuit can be fought." Xing Yunduo smiled at her, showing her small white teeth.
"Let me go over this for you. This is my understanding of this case. Sister Pan, you can understand as much as you can. This is not an inheritance case. You have always misunderstood the cause of the case. This should be a gift case. You treat me as your father-in-law. I have already done a gift before I was alive, and I need your cooperation to complete this gift. And because of your Xu Zeyue and Xu Beilei’s unauthorized breach of contract, I did not complete this while I was alive. Behavior. Therefore, the unfinished deeds during life continued after death. If the two of you want to inherit my property, you need to complete my deeds during my lifetime. Therefore, they can indeed inherit the property in the end, but after the inheritance is over, they must complete my deeds during my lifetime. This behavior is to transfer the inherited property to your son. Does this mean getting everything? So the lawsuit can be fought, split into two or merged into one. "
"However, one thing I must tell you is that there are risks in everything. There is no case that a lawyer can guarantee to win [-]%. You also have such risks. I hope you can understand."
Pan Xiufeng also laughed happily: "Understood, I understand. I just said, you need to find someone with the right horoscope, otherwise it won't work. Then I will leave this to you! By the way, the money for today's cake and coffee will be counted on the lawyer's account." It’s Ferry’s! I already asked you to do such a big business, so you can treat me to a few small cakes, no problem!”
What she didn't tell Shen Moli was that in fact, she had already found a good lawyer, not just one, but after chatting with her, she always felt that the other party was worse here or there.Now that I think about it, maybe it's because I don't have the determination of the little girl in front of me?Or, it's not as good as this little girl?
Oh, by the way, one of them said the same thing as the little girl.However, I don't want to invite her to eat an ice cream. Can such a lawyer please?
This is the one in front of me, this one in front of me, not bad.
Isn't a 95% win in a hundred things a 100% win?
"No problem, no problem." In front of her, Xing Yunduo still smiled kindly.
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