This gift can back grandma and grandpa's last will and testament effective?
Created:
/Author:
Aaron Lewis
The morning of September 20, 2008, a 80 year old man door-to-door consultation: a couple because residents get a set of Pudong the right to use the housing, with the old couple and the grandson of a name lease of living together with grandma and grandpa, grandson.Later, grandma and grandpa decided to take this set of housing property purchased, and decided to grant to the live grandson grandson, so only one house property card name.Later, Grandpa and grandma willed said: the old couple behind the house by the grandson, any other person shall be in.Then grandpa died, grandma to Wills: grandson back under the name of this house, behind a daughter by his inheritance, naturally and grandson occurred contradictions.How does this dispute should be how to solve?
Answer: first, grandma and grandpa's money to buy the property as a gift to his grandson, grandson has accepted the gift and handling the transfer formalities, such grandparent and grandchild is formed between the donation contract relationship.Contract of gift is the gift of his property to the donee, the donee expresses his acceptance of the gift contract.Among them, the donated property as a gift, accept the gift of a party to the donee.The Supreme People's Court on the implementation of "of civil law of the people's Republic of opinion (Trial)" the 128th stipulation: "the establishment of the relationship between citizens, to grant from the delivery date.Grant housing, such as according to a written contract of gift for the transfer procedures, shall be deemed as gift set."Accordingly, grandma and grandpa and grandson of the housing grant relationship has been established, shall not be arbitrarily.
Second, China's "Inheritance Law" the third stipulation: heritage is the legal person property legacy citizen's death, including citizens, housing, savings and supplies 7 of property.Grandpa and grandma has this property as a gift to his grandson, the property has been handling the transfer formalities, the ownership has been transferred to the grandchildren all, Grandpa and grandma have no right to dispose of all property of others, so Grandpa and grandma's last will and testament is invalid, grandma later re wills is invalid.
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