Inheritance Dispute Over Eastern China City House – CNY 275 Fee
A Chinese court has resolved a family inheritance dispute involving a house built in 1981, ruling that the property must be divided among the deceased parents’ widow and six children according to statutory inheritance rules. The case arose after the defendant, one of the sons, claimed that his late father had verbally gifted the entire house to him. The court rejected that claim due to insufficient evidence and ordered a proportional division of shares.
The plaintiffs were Ms. Zhao, the elderly widow, and her five children: Mr. Liu 1, Mr. Liu 2, Ms. Liu 3, Ms. Liu 4, and Ms. Liu 5. The defendant was Mr. Liu 6, another son. Ms. Zhao and her late husband, Mr. Liu, had built a five-room house in a village in Eastern China City in 1981. Mr. Liu passed away in June 2008 without leaving a will. In 2009, the defendant moved into the house, and after a traffic accident returned to live there permanently from April 2011. The plaintiffs alleged that the defendant forced Ms. Zhao out of the house in May 2011, leading to the lawsuit seeking partition of the property.
During the hearing, the plaintiffs submitted a village committee certificate confirming the parent-child relationships and another certificate verifying that the house was built by Ms. Zhao and her husband. A witness statement described repairs made in 2004 at Ms. Zhao’s expense. The plaintiffs also presented a prior court judgment that had already recognized the house as jointly owned by Ms. Zhao, her late husband, and their children. The defendant countered with written statements from five witnesses claiming that the defendant had paid for repairs and that his father had verbally promised the house to him, as well as a receipt for an air conditioner. The court noted that none of the defendant’s witnesses appeared in court to testify, and the air conditioner receipt did not link to the property.
The court found that the house was marital property jointly owned by Ms. Zhao and her late husband, each holding a one-half share. Upon Mr. Liu’s death, his half became part of his estate. The court examined the defendant’s claim of a valid oral will but found insufficient evidence. Under Chinese inheritance law, an oral will is only valid in emergencies and must be witnessed by two people; no such formalities were proven. Therefore, the estate passed by statutory intestate succession. The court also ruled that repair costs did not affect ownership.
Applying the Inheritance Law, the court held that the estate should be divided equally among the seven heirs: the widow and all six children. As a result, Ms. Zhao retained her original half plus one-seventh of her husband’s half, giving her a 4/7 interest in the entire house. Each of the six children received a 1/14 share. The court dismissed the defendant’s argument that his father had gifted the house, emphasizing that the defendant failed to meet the burden of proof for such an extraordinary claim. The judgment also ordered the defendant to pay a proportionate share of the court fee of 275 CNY.
This case illustrates the importance of formal estate planning in family property disputes. When a person dies without a valid will, Chinese law mandates equal distribution among statutory heirs. Verbal promises, even if supported by third-party witnesses, are difficult to enforce if they do not meet strict legal requirements for wills. The court’s decision reinforces that maintenance or repairs alone do not confer ownership. Families in similar situations should consider documenting intentions in writing and consulting legal professionals to avoid prolonged litigation.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.