A Guangzhou passes old house on the west, cannot get notarization because of a will 40 years ago and cannot deal with property right to change the procedures that register, yesterday, yellow old lady of many years old 90 one paper indictment told bureau of canal of Guangzhou town house the court.
Incident
Will cannot notarial property right cannot change the name of owner in a register
This old house closes to be located in area of Guangzhou Li bay to grow Shou Donglu on the west, the aunt that fastens accuser the old lady is all. family of old lady hour is impoverished, all one's life did not marry, it is to comb oneself female. After labor ability is being lost in her, make offerings to by its niece yellow lady all the time. the old lady died in July 1967, the will leaves before dying, after this this house lives to use and manage by Ms. Huang all the time. At that time is the Great Cultural Revolution, the citizen dare not hold his property, the government also is not paid attention to property right is registered and change a condition, accordingly, did not turn in time for conduction property right of this house property add of a famous player. Nowadays, yellow old lady already every advanced age, she hopes to be in have unripe year can go to change the name of owner in a register of this house property him under one's name, avoid to become bequeath of not certain property to give descendants. October 2007, she puts forward property right change to register to bureau of canal of Guangzhou town house.
But, reply of bureau of canal of Guangzhou town house suggests yellow old lady undertakes notarization to the will first. The problem is, the will below stands to make notarization before the notary organization cannot be opposite this 40 years, and without notarization, room canal bureau won't deal with property right change to register.
Focus
Whether does the will make clear house property bequeath?
On the court, the procuratorial king lawyer of yellow old lady puts forward, the old lady autograph on the will chapter and its in those days the lot order on the house property proof that register is consistent, behoove maintains testamentary authenticity. Guangzhou town house is in charge of bureau agent to express, room canal bureau regards administration as the orgnaization, do not have ability attestation this seal whether Wu Benren is built, also cannot attestation testamentary is true bogus.
The accused still just points out, although the will is true, a meaning that gives yellow old lady house property bequeath also is amounted to without very clear the earth's surface in the will. And accuser points out, praedial and character, the symbol that property right changes is the move of house property proof, the old lady hands in title deed suffer ” by assist of be issued to the person concerned for safekeeping of “ of yellow old lady, it is clear house property bequeath. From in light of the will that old lady place establishs, nature of this testamentary law brings up an agreement for bequeath, the premise that accuser acquires this house property is right the old lady is unripe raise dead bury. According to accuser representative lawyer the allegation on the court says, after the old lady loses labor ability oneself, make offerings to by its niece yellow old lady all the time die, the medical treatment charge during sicken pays by accuser, solid to this matter, the old lady has account in the will, neighbor also has a proof.
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