[Case Summary]This case involves a dispute over the invalidity of the disposition of inheritance (inheritance rights). Wang Bing and Zhang * purchased a house at No. 206 in Chaoyang District, which was registered under Wang Bing's name. Zhang * died in 2010, and her half share became an inheritance. In May 2020, Wang Bing sold the house for 5.2 million yuan without authorization and transferred the proceeds to his son, Wang Ding, and his wife, Liu *. The two of them purchased a house at No. 507 and registered it under Liu *'s name. Wang Jia and Wang Yi (Zhang *'s daughters) entrusted Beijing Henglu Law Firm to handle the case.Xiong BinrongThe lawyer argued that Wang Bing had no right to dispose of his deceased mother's share of the inheritance and constituted malicious collusion, requesting that the gift be declared invalid and that each party return the sale proceeds of 650,000 yuan. The court confirmed that the disposition of the inheritance worth 2.6 million yuan was invalid and rejected the specific request for return (the inheritance must be divided in a separate lawsuit). The core disputes include the validity of the disposition, inheritance rights, and the statute of limitations. The applicable legal provisions are Article 97 of the Property Law of the People's Republic of China and the relevant provisions of the Inheritance Law.

I. Review of the Case Facts

Is it valid to dispose of the inheritance without authorization? "Father selling the house infringes the right of inheritance" is a common problem in inheritance. Wang Bing and Zhang Mou gave birth to their eldest son Wang Ding, eldest daughter Wang Jia, and second daughter Wang Yi during their marriage. The house No. 206 was registered under Wang Bing's name during their marriage. On September 11, 2010, Zhang Mou passed away. On May 14, 2020, Wang Bing sold the house without authorization for 5.2 million yuan, and the proceeds were all given to Wang Ding and his wife Liu Mou. The two used the money to purchase the house No. 507 and registered it under Liu Mou's name. Wang Jia and Wang Yi believe that they have the right to inherit their mother's share of the inheritance, and Wang Bing's unauthorized disposition infringes their rights. They consulted Beijing Hengluo Law Firm for help.Xiong BinrongThe lawyer decided to protect the client's rights by asserting that the contract was invalid.

II. The focus of the case

  • Focus 1: Is Wang Bing's act of disposing of the sale proceeds valid?The focus is on Room 206, which was jointly owned by the couple. After Zhang's death, half of it became his inheritance. Is Wang Bing's unauthorized disposition of it invalid?
  • Focus 2: Whether the two plaintiffs enjoy the right of inheritance.The focus is on the fact that Zhang's share of the inheritance should be jointly owned by all the heirs, and Wang Bing disposed of the infringed property without their consent.
  • Focus 3: Has the statute of limitations passed in this case?The focus is on the plaintiff's continuous claims after learning of the punishment, and the Chinese side made it clear in the lawsuit about the punishment, which did not exceed the time limit.

III. Professional intervention by Hengluo Lawyers

The plaintiff (sister) claimed that:Wang Jia and Wang Yi claimed that Room No. 206 was jointly owned by the couple, and after Zhang's death, 50% of the property became the inheritance to be jointly owned by the heirs. Wang Cang sold the house without authorization and failed to divide the proceeds of the sale, which amounted to 650,000 yuan each. This constituted an unauthorized disposition of the property. They requested that the gift transaction be declared invalid and that the parties return their respective shares of the proceeds.

The position of the defendants (Wang Ding and others):Wang Ding and others argued that Wang Bing had the right to dispose of the property, denied malicious collusion, and raised the defense of statute of limitations, attempting to deny the two plaintiffs' requests for inheritance and restitution.

Hengluo Lawyer's Agency Opinion:Xiong BinrongThe lawyer pointed out that Room 206 was jointly owned by the couple. After Zhang's death, half of it became inheritance and was jointly owned by the heirs. According to Article 97 of the Property Law, the disposition of jointly owned property requires the consent of all co-owners. Wang Bing's disposition without consent infringed the rights of the heirs. Wang Ding, Liu * and others, as relatives, knew about the inheritance benefits but still disposed of the sale proceeds. This constituted malicious collusion and was invalid. Regarding the statute of limitations defense, the two plaintiffs continued to assert their rights after learning the situation, and the disposition of the property was clarified in the lawsuit. Therefore, the statute of limitations has not expired.

IV. Outcome of the case

The court held that, in this case, the disputes should be governed by the laws in force before the implementation of the Civil Code. The house involved in the case was jointly owned by the couple. After Zhang's death, half of it became the inheritance and was jointly owned by the heirs, and its disposition required the consent of all parties. Wang Bing sold the house without the consent of Wang A and Wang B and used the proceeds to purchase a house for Wang Ding and Liu Mou, infringing the rights of the two parties. Moreover, the relatives knew that there were still inheritance interests and still disposed of the property, which constituted a malicious collusion and was invalid. Half of the sale proceeds of 5.2 million yuan belonged to Wang Bing, and the other half, worth 2.6 million yuan, was Zhang's inheritance. The judgment confirmed that Wang Bing's act of selling the inheritance portion of 2.6 million yuan to Wang Ding and Liu Mou was invalid; the inheritance needed to be divided through inheritance, and the court would not deal with it in this case. The plaintiffs could file a separate lawsuit. Regarding the statute of limitations, the plaintiffs had demanded repayment and the circumstances of the disposition were clearly stated in the lawsuit, so the statute of limitations had not expired.

5. Hengluo Law Firm's Reminder

The disposition of the jointly owned estate requires the consent of all the heirs. This case is handled by Beijing Henglu Law Firm.Xiong BinrongAttorney (Practice Certificate No.: 11101202211410897, subject to the document issued by the judicial administrative organ) acting on behalf of the client. Note: Clarify the nature of the property and distinguish between marital joint ownership and inheritance; as an heir, if you find that your rights and interests have been infringed, you should promptly consult, mediate, or litigate; pay attention to the three-year statute of limitations. If relatives dispose of the deceased's inheritance without authorization, you should entrust a lawyer to confirm the invalidity of the act and file a separate lawsuit for division.

VI. Frequently Asked Questions about Disputes over the Disposition of Inheritance

  1. Q: Can the sale of the house containing my mother's inheritance by my father without her consent be deemed invalid?
    A:Yes. The court confirmed that the act of arbitrarily disposing of the deceased wife's share of the inheritance and colluding maliciously was invalid, and in this case, the court confirmed that the act of disposing of the 2.6 million yuan part of the inheritance was invalid.
  2. Q: Is the disposition of part of the inheritance without authorization invalid, or is the entire disposition invalid?
    A:Only the disposition of the inheritance portion is invalid. In this case, half of the 5.2-million yuan sale proceeds constitute inheritance. It is confirmed that the disposition of the 2.6-million yuan is invalid, but the disposition of the spouse's portion is valid.
  3. Q: Can I get the sale proceeds back directly after confirming that the sale is invalid?
    A:Not necessarily. The inheritance must first be divided. The court often confirms the invalidity but rejects the specific request for return, and advises the parties to file a separate lawsuit for inheritance division instead.
  4. Q: How is the statute of limitations calculated for inheritance disputes?
    A:Generally, it is three years, but if it is clear after continuous claims or disciplinary actions, it shall be calculated from the date when the right holder knows that his rights have been infringed. In this case, the statute of limitations has not expired.
  5. Q: How to provide evidence of malicious collusion between relatives in the disposal of inheritance?
    A:Collect the property ownership certificates, sales contracts, transfer records, and evidence of kinship to prove that the person in question knew about the inheritance benefits but still disposed of them. According to Article 97 of the Property Law, the transfer of the property shall be deemed invalid.