[Case Summary]This case involves a dispute over the protection of property rights (return of the original property). Zhao Xichen gifted the house at No. 611, Xicheng District to his daughter, Zhao Xian, and completed the property registration. The effective judgment confirmed the validity of the gift. However, the defendants, including Zhao Xing, refused to vacate the house. Zhao Xian then entrusted the Beijing Henglu Law Firm to handle the case on his behalf.Li YonghuiThe lawyer filed a lawsuit, requesting the eviction of the house and the payment of occupancy fees. The court determined that Zhao Xian was the owner of the house and ruled that the two defendants should evict the house and pay occupancy fees of 3,000 yuan per month from December 28, 2021. The core dispute is the validity of the defendants' possession after the donor's death and the occupancy fees. Applicable legal provisions: Articles 235 and 240 of the Civil Code.

I. Review of the Case Facts

"What should I do if the donated property is occupied by relatives?" "Can I sue the other party for not vacating the house after the gift contract takes effect?" "How is the housing occupancy and use fee calculated?" These are common questions asked by recipients of donations. Zhao Xichen and Song Mou are a married couple, and Zhao Xian is their daughter. In August 2020, Zhao Xichen signed a "Gift Contract" with Zhao Xian under the witness of a lawyer, donating the house at No. 611, Xicheng to the plaintiff. In September, they signed a "Second-hand House Sale and Purchase Contract" to complete the donation through a sale transaction, and on September 21, Zhao Xian obtained the property ownership certificate. On September 24, 2020, Zhao Xichen passed away. Zhao Xing sued to revoke the donation, but her request was rejected and the appeal was also upheld. Subsequently, Zhao Xian entrusted a lawyer to handle the case.Li YonghuiThe lawyer filed a lawsuit, requesting the two defendants to vacate the house and pay the occupation and use fees.

II. The focus of the case

  • Focus 1: Whether the plaintiff is the owner of the house involved in the case.The effective judgment has confirmed that the gift is legal and valid.
  • Focus II: Whether the defendant has the right to possess the property in question.The defendant claims that the gift is invalid and whether the act of lawful occupation is established.
  • Focus Three: Standards and starting points for the housing occupancy and use fees.It shall be calculated at 3,000 yuan per month starting from December 28, 2021.

III. Professional intervention by Hengluo Law Firm

The plaintiff claimed in the original lawsuit that:Zhao Xian claimed that he was the owner of the house involved in the case and requested the court to order the two defendants to vacate and deliver the house, and to pay the occupancy and use fees for the house from September 21, 2020 to the date when the judgment takes effect.

The defendant argued that:The two defendants disagreed with the claim, saying that Zhao Xichen had Alzheimer's disease and was deceived into signing the gift contract. He had lived in the house since he bought it from the original owner and was legally occupying it. They also filed a lawsuit against the invalidity of the gift contract, claiming that they could not prove the exclusivity of the plaintiff's right basis and requested that the lawsuit be dismissed.

Legal Opinion by Hengluo Law Firm:Li YonghuiAfter accepting the commission, the lawyer thoroughly understood the case and analyzed the evidence, pointing out that the owner has the right to possess, use, benefit from, and dispose of the real estate in accordance with the law. The right holder who has no right to possess the property may request the return of the original object. The judgment No. 384 of the Intermediate Court in 2021 has confirmed that the gift act is legal and effective. The plaintiff is the owner and has the right to possess, use, benefit from, and dispose of the house, and has the right to require the two defendants to vacate the premises.

IV. Outcome of the case

The court accepted the evidence.Li YonghuiThe lawyer's part of the opinion holds that the effective judgment No. 384 confirms the validity of the gift, and there is already sufficient basis to resolve the dispute in this case, so there is no need to wait for the results of other litigations. According to Articles 235 and 240 of the Civil Code, the judgment is as follows: 1. Within 90 days from the effective date of the judgment, the two defendants shall vacate and deliver the house No. 611 to the plaintiff; 2. Within 15 days from the effective date of the judgment, the two defendants shall pay the plaintiff the house occupation and use fees at a standard of 3,000 yuan per month from December 28, 2021 to the effective date of the judgment; 3. The plaintiff's other litigation requests are dismissed. The donated property has been preserved.

5. Hengluo Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.Li YonghuiAttorney (practice license number: 11101199611955812, subject to the document issued by the judicial administrative organ) acting on behalf of the client. Hengluo Law Firm reminds: For property donations, a written contract should be signed and the property registration should be handled as soon as possible. If the property is occupied by relatives, the client may request the eviction and claim the occupation and use fees based on the effective title confirmation judgment.

VI. Common Questions and Answers about Property Gift Disputes

  1. Q:What should I do if the donated property is occupied by relatives?
    A:Based on a valid gift contract and property registration, one can file a lawsuit to request the unauthorized occupant to vacate the house and pay the occupancy fee.
  2. Q:After the gift contract takes effect, can I sue the other party if they refuse to vacate the house?
    A:Yes. The owner may, in accordance with the Civil Code, exercise the right to request the return of the original object and require the occupier to vacate the premises.
  3. Q:How is the housing occupancy and use fee calculated?
    A:Generally, the court will determine the amount based on the rent in the same area or the standard agreed upon by both parties, taking into account the actual circumstances. In this case, the amount is calculated at 3,000 yuan per month.
  4. Q:Is the gift signed by the elderly who are said to have dementia valid?
    A:If the gift has been witnessed, the property rights have been registered, and it has not been revoked by a valid judgment, it is usually considered valid.
  5. Q:If I lose the lawsuit to revoke a gift, can I still keep the house?
    A:No. After the effective judgment confirms the validity of the gift, the possessor loses the basis for legal possession and should vacate the property.