The petitioner is an old woman surnamed Yu, 76 years old, living in Shanghai, China. Her husband died early, her relationship with her son and daughter was not good, so there was often friction. On May 1, 2019, Mrs. Yu went to her daughter’s house to stay, unexpectedly the next day there was a violent argument with her son-in-law. When she returned to the house of her eldest son, Wang, she discovered that she had only been gone for 1 day, but she had already changed the door lock. angry. Under the mediation of the neighborhood committee, Mr. Uong rented another house for his mother to live in.
In May of this year, the owner wanted to sell the house, and Ms. Yu was faced with the situation that she had nowhere else to go. Therefore, the old woman took her two children to Court, asking the court to confirm that she had the “right of residence” in the house of her eldest son. After deliberation, in July 2021, Baoshan Court, Shanghai city, China ruled that Ms. Yu has the right to reside in the house of both children, and both children must responsibility and obligation to take care of the mother. At the end of August, Ms. Yu filed an application with the court to enforce the right of residence. On September 3, Judge Yuan Aizhong took her to the real estate registration center to complete the registration of residency rights.
From a legal perspective, if Mr. Uong still refuses to let his mother move in after the ruling has been issued, the Court may apply other mandatory measures such as temporary detention.
“However, the relationship between mother and son is so bad that they almost quarrel every time they meet. Mr. Uong’s house has only 2 bedrooms and a living room, the type of house is enough for a family of 3. But If the old woman comes to live, there will be a lot of problems.” – Mr. Vien Ai Trung said.
To put an end to the tension, Ms. Yu asked Mr. Uong to sell his current house to buy two separate apartments, and the smaller one would be owned by her.
Mr. Vien Ai Trung felt that the above plan was feasible, so he negotiated to come to the final solution: Mr. Uong invested money to buy a house, and the property was registered in Ms. Du’s name. The daughter promises to give up the inheritance and after the death of the mother, the house will be owned by the eldest son.
The above plan has been approved by the parties. On September 17, they met at Bao Son Court to negotiate to determine the specifics of the plan and sign the agreement together.
The first person to the Court was Ms. Du and her lawyer, followed by her daughter, and finally Mr. Uong with her uncle. Before that, the lawyer made an agreement and sent it to the two children to preview. It was the agreement that became the first contradiction in the negotiations.
“The agreement is too detailed. The time to visit the mother, how long to visit, even how to take care of it, it’s all written down.” – The daughter believes that such detailed regulations are impractical, causing a lot of trouble for herself and Mr. Wang, and may even put them at legal risk.
“I think it’s enough just to write the right of residence in the agreement. Children have the duty to take care and filial piety to their parents, but is it necessary to highlight each such clause?” – Mr. Uong expressed his opinion angrily.
“After signing the agreement, will my sister be kicked out again?” – Uncle argues that the important issue lies in emotional reconciliation, not in discussing the truth with rigid terms.
The uncle told the lawyer that he had persuaded his nephew to give up his mother by selling the old house to buy 2 new ones. Now he also wants his sister to give up the child, each taking a step back, instead of hurting each other.
After a 10-minute argument, Mr. Uong pulled out another agreement written by himself, his sister and uncle. In addition to refuting all content about taking care of the mother, the agreement also proposes that when Mr. Wang’s daughter is an adult, Ms. Du will transfer 99% of the value (in cash) of the house to her niece. After reading it, Ms. Du was not satisfied and the two sides began to argue.
In the end, the uncle impatiently criticized the lawyer unfairly, making him proud got up and left the room. Seeing that the lawyer defending her rights was provoked by the other three to leave, Ms. Du could not help but loudly argued with them.
Seeing that the situation was about to get out of control, Mr. Vien Ai Trung texted his lawyer to quickly return, and at the same time told Mr. Uong’s side that the agreement the lawyer sent earlier was to be fair for both parties. Meeting today for the purpose of negotiating, editing and having a beautiful ending.
After the lawyer returned, Mr. Vien Ai Trung analyzed the main points of the agreement proposed by Mr. Uong.
“Without the ‘99% of the property handed over to the granddaughter’ condition, her son would have to pay a large property tax if he wanted to inherit the house. Now she owns only 1%, which means she owns only 1% of the property. with only 1% tax. Besides, 1% still has a legal right to stay in the house, no one has the right to sell the house without her consent.” – Mr. Yuan Ai Trung tried to explain to Ms. Yu that her son “did not rob the house” of his mother, just wanted to consider the issue of reasonable tax payment in the future.
Ms. Du seems content but still requires the house to have at least 1 bedroom and 1 living room, not too shabby, not upstairs or attic, and at the same time fully equipped. Once again, his mother’s “excessive” requests made Mr. Uong not know whether to cry or laugh. He expressed that he agreed from the beginning that the price of the house should not exceed 2 million yuan (equivalent to 7 billion VND), now that his mother is so demanding, he is afraid that he will not find a suitable apartment.
The argument between the mother and daughter broke out again, causing the son to get angry and leave, the uncle and sister had to chase to convince. Seeing that scene, Mr. Vien Ai Trung could only laugh helplessly, while Ms. Yu still insisted that she did not ask for anything too much.
“The house was bought by my husband, so it is reasonable to split the property in half for me.” – Mrs. Du said.
It is known that Ms. Du’s husband bought a house and then sold it to buy a new house where the eldest son is currently living. But the old house is registered under her husband and son’s name, so according to the law, she only gets 1/3 of the total value of the house.
Mr. Vien Ai Trung advised her to choose 1 bedroom and 1 living room is enough. Because Mr. Uong belongs to the ordinary working class, his income is not high, and he has a daughter of school age.
20 minutes later, Mr. Wang calmed down and returned to the negotiating room. Although Mrs. Yu sometimes mentions “buy 2 bedroom and 1 living room” But not accept. Under the auspices of judge Vien Ai Trung, after nearly 2 hours of negotiation, Ms. Du signed a revised agreement with her two children.
In particular, the new agreement stipulates that Mr. Uong will buy a house with 1 living room and 1 bedroom for his mother, and at the same time bear the rent for Ms. Du while waiting to buy a suitable house. Ms. Yu has agreed to transfer 99% of the ownership of the house to her niece when she reaches adulthood. The daughter announced to give up the right to inherit the house. All three parties commit to no longer dispute over property issues. Mr. Vien Ai Trung and his lawyer also hope that after reaching a final agreement, their mother-child relationship will be improved, no longer as tense as before.