[Case Summary]This case is a lawsuit to confirm the invalidity of a contract in an inheritance dispute. After Zhao *1 passed away, his seven heirs discovered that Liu *1 and Liu *2 had colluded with each other to sign a "Agreement", and arbitrarily distributed the house containing Zhao *1's inheritance share. The seven heirs entrusted Beijing Henglu Law Firm to handle the case.Li Yonghui、Xue SuhuaThe lawyer acted as the agent and requested the court to confirm the invalidity of the "Agreement". The court found that Liu and others, knowing there were other heirs, still colluded maliciously to dispose of the inheritance and damaged the interests of third parties. The court ruled that the provisions of the agreement concerning the division of the house and the allocation of property rights were invalid. Applicable legal provisions: Article 52 of the Contract Law (the agreement is invalid if it maliciously colludes to harm the interests of third parties).

I. Review of the case

Inheritance disputes often involve searches for questions such as "Is it valid for an heir to privately divide the house?" "Can a maliciously colluded agreement be revoked?" and "How to reclaim the share of the surviving spouse that has been occupied." Liang * and Zhao * had eight children. Their daughter Zhao *1 married Liu * in 1971 and gave birth to Liu *1 and Liu *2. Zhao *1 and Liu * divorced in 1997. Liu * lived in the south-facing room of the house owned by Zhao *1, while the other two rooms were occupied by Zhao *1 and her children. Zhao *1 died in 2004, Zhao * died in 2005, and Zhao *8 died in 2014.

After Zhao *1 passed away, the house at No. 18 Fengtai in 2005 was exchanged for two houses, No. 05 and No. 06, of which half should belong to Zhao *1's estate and be jointly owned by his mother, six siblings, and two sons. However, Liu * and Liu *1 and Liu *2 signed an "Agreement" on October 26, 2005, and arbitrarily distributed the houses containing the shares of Zhao *1's seven heirs. To protect their rights, the seven heirs entrusted a lawyer to handle the case for them.Li Yonghui,Xue SuhuaThe lawyer requested the court to confirm the invalidity of the "Agreement" with Liu *1 and Liu *2 as the defendants.

II. The focus of the case

  • Focus 1: How to determine the share of Zhao *1's inheritance in the house involved in the case.After the exchange of houses, half of the two houses are considered as inheritance and shall be jointly owned by the plaintiff and the two defendants.
  • Focus Two: Is the "Agreement" invalid because it damages the interests of the heirs through malicious collusion?He/she disposed of his/her share of the inheritance despite knowing that there were other heirs.

III. The professional intervention of Hengluo Law Firm

The plaintiffs (seven heirs) allege that:The house No. 18 is the joint property of Zhao *1 and Liu *, and it has been divided in the divorce. After Zhao *1 passed away, his share was jointly owned by his heirs. After the house exchange, half of the two houses became his inheritance. Liu * and others, knowing that there were seven heirs' shares, still maliciously colluded to sign an agreement to dispose of the property, and requested to confirm the invalidity of the agreement.

The defendants (Liu *1 and Liu *2) argued that:Liu *1 acknowledges the plaintiff's claims, but Liu *2 does not acknowledge them and requests that the case be dismissed.

Hengluo Lawyer's Agency Opinion:Li Yonghui、Xue SuhuaThe lawyer explained: In 1997, the judgment clearly stated that Room No. 18 was a jointly owned property of the couple and had been divided; after Zhao *1 died, his one-half share was inherited by his parents and two sons. After Zhao *2 died, the children inherited the share and Liu *1 and Liu *2 succeeded to the inheritance on behalf of the children. After the inheritance took place, the property became jointly owned. In 2005, the couple exchanged two houses, and half of them became Zhao *1's inheritance. Liu * and the two defendants, knowing that the plaintiff had a share in the property, still colluded maliciously to sign an agreement to allocate the property. According to Article 52 of the Contract Law at that time, a contract that maliciously colludes to harm the interests of a third party is invalid, and the part of the agreement dealing with the disposition of the house should be invalid.

IV. Outcome of the case

The court found that the lawyer's main arguments were adopted: Room No. 18 was purchased by Zhao *1 and Liu * after their marriage and was jointly owned; after Zhao *1 died, Liu *, Liu *1 and Liu *2 directly signed the "Agreement on the Division of the House" without knowing that there were other legal heirs alive, and the part of the agreement concerning the disposition of the house damaged the interests of other legal heirs and should be deemed invalid. The judgment confirmed that the contractual clauses concerning the division of the house and the allocation of property rights in the "Agreement" signed by Liu * and Liu *1 and Liu *2 on October 26, 2005 were invalid.

5. Henglu Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.Li YonghuiAttorney (Practice Certificate No.: 11101199611955812, subject to the certificate issued by the judicial administrative organ)Xue SuhuaThe lawyer (practice license number: 11101201211769926, subject to the document issued by the judicial administrative organ) acts on behalf of the client. If the heir discovers that the inheritance has been disposed of by others in collusion with each other, he/she should promptly entrust a professional lawyer to file a lawsuit to confirm the invalidity of the contract on the grounds that the collusion damages the interests of third parties, and safeguard his/her own inheritance share.

VI. Common Questions About Inheritance of Property (FAQ)

  1. Q: Is it valid for an heir to privately allocate the family's property for their own use?
    A:Disposing of one's share without the consent of other heirs is considered malicious collusion to harm the interests of third parties, and the act can be challenged as invalid in court.
  2. Q: Is the new house after the house exchange considered an inheritance?
    A:When replacing the original inherited house with another one, the corresponding share of the new house still belongs to the inheritance and is jointly owned by the heirs.
  3. Q: Can a maliciously collusive agreement be revoked or declared invalid?
    A:A collusive agreement that damages the interests of a third party is void from the outset, rather than being revocable.
  4. Q: How can I get back the share of the inheritance that has been taken away from me?
    A:Collect evidence of relatives, property rights, and house exchange, and file a lawsuit to confirm the invalidity of the disposition clauses and to secure ownership rights.
  5. Q: What is the inheritance process if there is no will?
    A:According to the law of succession, spouses, children, and parents are the first priority. There are also provisions for transfer of succession and subrogated succession.