Suzhou girl accept grandma 3 suites, turn around to Sue grandma on the court?The court ruled in favour of justice

2022-08-07 0 By

“Having sons and raising daughters” and “being filial to parents” complement each other. How can we enjoy filial piety without taking good care of our children?But some children even enjoy the care and love of their parents, but still do not want to provide for their elders, which is not only immoral, and even constitute a crime.There is a little girl in Suzhou, Jiangsu province, in the acceptance of three sets of houses donated by grandma turned against people, not only unwilling to support grandma, but also grandma sued the court, in an attempt to swallow three sets of houses.Fortunately, the final judgment of the court, not only presided over justice, but also attracted countless applause.Tingting, who lives in Suzhou, is also a girl with a hard life. Her parents died in a car accident when she was a teenager, and she has been living with her grandparents ever since.Grandpa and grandma love children, so since childhood to Tingting, but instead caused tingting lazy, insatiable bad habits.But throughout Tingting how to mix not stingy, also should not be the grandmother to court, what happened behind the story?Originally, when Tingting grew up, her grandfather died of illness, and grandmother’s age is slowly getting older. The elderly grandmother has no material needs. She only hopes that Tingting can spend more time with herself in her later years, take care of her own life, and do not waste her original efforts to raise Tingting.In this regard, grandma did not mind taking out the demolition of the three houses, the house will be transferred to Tingting, and the two sides made an oral agreement, Tingting to leave a set for grandma to live, Tingting is responsible for taking care of grandma’s daily life to fulfill the obligations of support.Once Tingting has violated the agreed behavior, the old lady will revoke the gift, recover three sets of houses.As a result, things went beyond the old lady’s expectations. Although Tingting gave her the oldest house to live in, she did not do her duty to support her.At ordinary times almost seldom come to visit grandma, also just see on one side of the Chinese New Year.Not only that, but also do not care about grandma’s life, resulting in grandma to take care of their own very difficult.In order to relax, grandma can only contact the nursing home, but this will also face high pension costs.In order to be able to afford the pension, grandma rented out one of the houses and used the rent to pay the pension.As a result, Tingting was furious when she learned about it and immediately found her grandmother to ask for rent.At this time, the grandmother had been living in a nursing home for nearly a year, and had lost confidence in her granddaughter. Seeing her granddaughter not only did not take care of herself, but also worried about the rent, she was so angry that she cursed and even said that she would take back the property rights of three houses.Tingting listened to his house to be recovered by the grandmother, immediately said not to agree, and finally simply put the grandmother on the court, so the court is finally how to judgment?First of all, it can be determined that Grandma voluntarily gave three houses to Tingting, which indicates that the two parties constitute a gift relationship.But in our country’s law, gift goods generally cannot be recovered, unless there are the following three conditions.(1) The donee has seriously harmed the donor or a near relative of the donor.(2) failure by the donee to perform any maintenance obligation owed to the donor.(3) The donee fails to perform the obligations stipulated in the gift contract.It is obvious that Tingting, as the donee, does not meet the latter two requirements. She has neither fulfilled her obligation of fostering nor fulfilled the obligations agreed in the gift contract.So Tingting’s grandmother has the right to take it back.The Marriage Law stipulates that grandchildren and maternal grandchildren who can afford it have the duty to support their deceased grandparents.This kind of support is conditional, that is, children and grandchildren can afford it, and the children of grandparents and maternal grandparents have died.The above provisions are important legal measures to protect the legitimate rights and interests of the elderly, and Tingting’s grandmother, after losing her son and daughter-in-law, only Tingting can support her, so Tingting bears the obligations and responsibilities of supporting her grandmother.Support means that children provide their parents with the necessary living conditions both materially and spiritually. As supporters, children should fulfill the obligations of economic support, daily care and spiritual comfort for the elderly and take care of their special needs.Both sons and daughters have the duty to support their parents.Tingting can not provide economic support to grandma, but also have the care of life and spiritual comfort.Therefore, she did not fulfill her maintenance obligations, and the court also supported her to take back three houses on this grounds.Tingting, who was dissatisfied, appealed, but the court upheld the original verdict.So far this farce comes to an end, but Tingting is the only descendant of grandma, such as grandma died in the future, these three houses can only be tingting inheritance?Although the Civil Code of China stipulates that if the decedent’s children die before the decedent, the direct descendants of the decedent’s children shall inherit by subrogation.But this kind of succession right is not invariable, Tingting also has the possibility of losing the succession right.According to Article 1,125 of the Civil Code, those who abandon the decedent or maltreat the decedent seriously shall lose the right of inheritance.Tingting is not willing to fulfill her obligation of raising, which belongs to the abandonment of the heirs. If the old lady is not willing to let Tingting inherit the inheritance, she can also indicate in her will that she will donate the three houses and not let Tingting inherit.Thus, if Tingting does not take good care of her grandmother, the original three houses will eventually be wasted.At the end of the day, it is the obligation to support the elderly, not to mention grandma has raised her parents dead Tingting, even grateful, Tingting also want to take good care of grandma.Unfortunately, the mechanism is too clever, in the end, but by mistake.Having learned from the past, grandma will not easily transfer the house to Tingting, even before passing away, grandma should carefully consider whether to let Tingting inherit his legacy.This is undoubtedly a huge problem for Tingting.