[Case Summary]This case involves a dispute over the invalidity of a housing sales contract (related to inheritance rights). The house at No. 105 in Shijingshan District, Beijing, was the joint property of Liu Xiufen and her husband, Sun Zhenling. After Sun Zhenling passed away in 2006, the house was jointly owned by Liu Xiufen, Wang Qiang, and Wang Xiaoyu. In November 2020, Liu Xiufen and her son, Wang Qiang, signed the "Beijing Second-hand Housing Sales Contract" without the knowledge or consent of Wang Xiaoyu, transferring the ownership of the house to Wang Qiang. Wang Xiaoyu entrusted Beijing Henglu Law Firm to handle the legal matters related to this case.Liu YuanyuanThe lawyer defends the rights and interests of the client. The lawyer argues that the two parties colluded maliciously, and the sales contract was actually a gift. The court fully accepted the lawyer's opinion and ruled that the contract is invalid. Wang Qiang shall restore the registration of the house to Liu Xiufen's name within seven days, and the defendant shall bear the acceptance fee. The core disputes include the validity of the contract, the determination of collusion in bad faith, and the inheritance share. The applicable legal provisions are the relevant provisions of the Civil Code of the People's Republic of China on collusion in bad faith and statutory inheritance.

I. Review of the Case

Are the following questions common? 1. Is it valid for a mother to transfer a house to her son? 2. Can an heir revoke a house sale? 3. How is malicious collusion in house transfers defined? House No. 105 was purchased by Liu Xiufen and Sun Zhenling during their marriage in 2001 and registered under Liu Xiufen's name. On July 1, 2006, Sun Zhenling died without leaving a will, and his half share was jointly inherited by Liu Xiufen, Wang Qiang, and Wang Xiaoyu, making the house a jointly owned property. On November 19, 2020, Liu Xiufen and Wang Qiang signed a "Beijing City Second-hand House Sale and Purchase Contract" without the knowledge or consent of Wang Xiaoyu, transferring the house to Wang Qiang's name. Liu Xiufen also issued a waiver statement stating that Wang Qiang used 100,000 yuan to pay the deed tax reduction and exemption fee.

Wang Xiaoyu, as the legal heir of his father, believes that he has the right to inherit according to the law. His mother and brother colluded maliciously to transfer the registration, which seriously damaged his rights and interests. Therefore, he entrusted the Beijing Henglu Law Firm to handle the case for him.Liu YuanyuanThe lawyer is defending the client's rights and requesting that the contract be confirmed as invalid and that Wang Qiang restore the registration of the house to Liu Xiufen's name.

II. The focus of the case

  • Focus 1: Is the sales contract signed by Wang Qiang and Liu Xiufen invalid?The focus is on whether the two parties colluded maliciously to harm the rights and interests of the co-owner, Wang Xiaoyu, and whether the contract was actually a gift rather than a genuine sale.
  • Focus 2: Did Sun Zhenling leave a valid oral will?The defendant claimed that Sun Zhenling left the house to Wang Qiang in his oral will, and the focus of the case is whether the oral will can be admitted in the absence of evidence.
  • Focus 3: After the contract is invalidated, the house should be restored to the name of whom in the registration system.The focus is on restoring the object to its original state for the original registrant, Liu Xiu Fen.

III. Professional intervention by Hengluo Lawyers

The plaintiff (daughter) claimed that:Wang Xiaoyu claimed that she is the first statutory heir of Sun Zhenling and is entitled to a share of the ownership of the house. Her mother and brother maliciously colluded to transfer the registration, damaging her rights and interests. She requested to confirm the invalidity of the sales contract and to restore the registration to Liu Xiufen's name.

The defendant's (mother and brother's) position:The two defendants argued that there was no malicious collusion, and the contract was only to complete the transfer formalities and make Wang Qiang the legal owner; they claimed that the plaintiff failed to prove the collusion, and the transaction between mother and son was reasonable; and they claimed that Sun Zhenling had an oral will leaving the house to Wang Qiang, and the transfer did not harm the plaintiff's substantive rights.

Hengluo Lawyer's Agency Opinion:Liu YuanyuanThe lawyer pointed out: Firstly, the testimonies of the three witnesses lack dates, identities closely related to the two defendants, and supporting evidence, and are not recognized; Secondly, the house is jointly owned by the couple, and Sun Zhenling died without leaving a will. It should be divided according to legal inheritance, and the plaintiff should enjoy a share; Thirdly, Liu Xiufen transferred the ownership of the house by means of a sale, but according to the waiver statement, Wang Qiang did not pay the purchase price. It was actually a gift; Fourthly, Liu Xiufen and Wang Qiang knew the source of the house and the right holders, and there was malicious collusion to harm the interests of others. After the contract was invalidated, the status quo ante should be restored, and Wang Qiang should cooperate to transfer the ownership back to Liu Xiufen.

IV. Outcome of the case

The court fully adopted the opinion of Hengluo Law Firm and ruled in the first instance that: the "House Sale and Purchase Contract" signed by Wang Qiang and Liu Xiufen is invalid; Wang Qiang shall restore the ownership of the involved House No. 105 to Liu Xiufen within seven days; and the defendant shall bear the case acceptance fee.

The court emphasized the protection of gender equality by law, stating that both men and women should enjoy equal rights in property inheritance, and reminded people to abandon traditional prejudices and respect the rights of every family member.

5. Henglu Law Firm's Reminder

There is equality between men and women in property inheritance, and any malicious collusion to dispose of jointly owned property is invalid. This case is handled by Beijing Henglu Law Firm.Liu YuanyuanAttorney (Practice Certificate No.: 11101202011201094, subject to the document issued by the judicial administrative organ): Agent. Reminder: Family members who dispose of jointly owned real estate must obtain the consent of all co-owners; if one party transfers the ownership without authorization and damages the rights and interests of other inheritors, they may sue to confirm the invalidity of the contract and restore the original registration; if their rights and interests are damaged, they should promptly entrust a professional lawyer to collect evidence and protect their rights and interests.

VI. Common Questions and Answers about Property Transfer Disputes

  1. Q: Is it valid for a mother to secretly transfer the ownership of the house to her son?
    A:If the contract damages the rights and interests of other co-owners and is entered into with malicious collusion, the contract shall be deemed invalid. In this case, the court ruled that the sales contract was invalid and ordered the restoration of the original registration.
  2. Q: Can an heir revoke the house sale and purchase contract signed by others?
    A:Yes. If it can be proven that there was malicious collusion or the jointly owned property was disposed of without compensation or at a low price, it is possible to request that the contract be declared invalid and the property be returned.
  3. Q: Does an oral will transfer the house to my son legally?
    A:It must meet the statutory requirements and be supported by evidence. In this case, the defendant claimed to have an oral will, but provided no evidence to support this claim. The court did not accept the claim and handled the case in accordance with the statutory succession provisions.
  4. Q: Is it valid for one spouse to sell the house without the other's consent?
    A:The unilateral disposition of the shared house infringes the rights of other co-owners and is invalid due to malicious collusion; except for bona fide acquisition, which does not apply in this case.
  5. Q: How to restore the original registration after the house has been transferred to another person?
    A:Collect the transfer contract, the waiver statement, and evidence of the inheritance relationship. File a lawsuit to confirm the invalidity of the contract and request the court to order the defendant to cooperate in restoring the property to the original registrant's name.