Inheritance Dispute Over CNY 302,174 Property in Eastern China City
The Eastern China City People’s Court ruled on a family inheritance dispute involving a property valued at CNY 302,174. The plaintiff, Mr. Cao, sought a one-sixth share of the apartment, claiming it belonged to his deceased sister and her husband. The court ultimately awarded him a one-twelfth share, amounting to CNY 25,181 in compensation, after applying inheritance laws to the complex family succession chain.
The case centered on a property located in Eastern China City. The plaintiff Mr. Cao is the son of Mr. Cao Sr. and Mrs. Shen. Mr. Cao Sr. died in 1968. Their daughter, Ms. Cao Bing, married Mr. Fei in 1976, and the couple had a daughter, Ms. Fei (the younger). Ms. Cao Bing died in 2003. The property was acquired during the marriage through a housing reform scheme, initially as a half-equity purchase in 1993, then full equity in 1997, with the title registered solely in Mr. Fei’s name in 1999. The plaintiff argued that half the property belonged to Ms. Cao Bing, and after her death, her share passed to her mother Mrs. Shen, her husband Mr. Fei, and her daughter Ms. Fei. When Mrs. Shen died in 2009, Mr. Cao claimed her share should pass to him.
The court held two hearings in February and March 2012, with a judicial appraisal period in between. All parties appeared: Mr. Cao as plaintiff, Mr. Fei and his legal representative Mr. Li, and Ms. Fei as defendants. The evidence included household registration records, death certificates, property title documents, a notarized statement, purchase agreements, payment receipts, and a real estate appraisal report from the Eastern China City Zhongxin Real Estate Appraisal Company. The appraisal valued the property at CNY 302,174 as of February 22, 2012.
The court found that the property was acquired during the marriage of Mr. Fei and Ms. Cao Bing and therefore constituted marital joint property. Upon Ms. Cao Bing’s death in 2003, 50% of the property belonged to Mr. Fei personally. The remaining 50% was her estate. The first‑line heirs were Mr. Fei (husband), Mrs. Shen (mother), and Ms. Fei (daughter), each inheriting one‑third of that share. When Mrs. Shen died in 2009, her inherited one‑sixth of the property became her own estate. Mr. Cao, as her son, was entitled to half of that one‑sixth, and Ms. Fei, as Mrs. Shen’s granddaughter, inherited the other half by representation.
According to the Inheritance Law of the People’s Republic of China, the court calculated the final shares: Mr. Fei owned 50% plus one‑third of the remaining 50% (total 11/12), Ms. Fei owned one‑third of the 50% plus half of Mrs. Shen’s one‑sixth (total 1/12), and Mr. Cao inherited half of Mrs. Shen’s one‑sixth (1/12). The court ordered that the property be held jointly by Mr. Fei and Ms. Fei, and that they pay Mr. Cao CNY 25,181 as compensation for his one‑twelfth share within ten days of the judgment. The court also allocated the litigation costs and appraisal fees, with Mr. Cao and Mr. Fei each bearing CNY 792.
This case illustrates how Chinese inheritance law handles succession through multiple generations when a marital property is involved. The court rejected the defendants’ arguments about statute of limitations and the property’s alleged non‑transferable nature, clarifying that the housing reform nature did not bar inheritance claims. The decision shows that even when title is held by one spouse, property acquired during marriage is presumed jointly owned unless proven otherwise. Parties to similar disputes should note that time limits for inheritance claims are calculated from the date the right is infringed or recognized, and prompt legal action is advisable.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.