[Case Summary]This case involves a dispute over the ownership of the compensation benefits for public housing demolition in an inheritance dispute. The adopted son, Zhang Chen, sued his adoptive father, Wang Li, in his capacity as an adopted son, demanding to inherit and divide the demolition and resettlement benefits of the house at No. 130, Chaoyang District, worth more than 2.95 million yuan. Wang Li only entrusted Beijing Henglu Law Firm to handle the case 10 days before the trial.Liu Xiang YingThe lawyer argued that "the property involved in the case does not belong to the estate" and "the plaintiff does not have the qualification to be an heir", and applied for obtaining evidence of the change of property rights and lessees, ultimately the court ruled to dismiss the plaintiff's claims, and the compensation of more than 2.95 million yuan belongs to Wang Li personally. The applicable legal provisions involve the Inheritance Chapter of the Civil Code and the relevant regulations on public housing management.
I. Review of the case
The public housing acquisition compensation funds were sued for division by the adopted son, and the parties often search for keywords such as "does the adopted son have the right of inheritance?", "who will receive the compensation after the change of the public housing lessee?", and "can a temporary lawyer still appeal the case?". Liu Shufen and Wang Li were a couple who did not have any children. On December 26, 2006, they adopted a son named Zhang Chen. On May 13, 2022, Liu Shufen died, and on July 14, 2023, the court ruled to dissolve the adoption relationship between Wang Li and Zhang Chen. On June 8, 2018, Liu Shufen, as the lessee of public housing, signed a "Purchase Agreement for Public Housing" with the property rights unit Beijing A Technology Group, which stipulated that the sale proceeds would be deducted from the acquisition compensation settlement. The agreement took effect from the date the Chaoyang District Government issued the acquisition decision. On September 22, 2023, the property rights unit changed the lessee of No. 130 house to Wang Li and signed a new agreement. In 2025, Wang Li signed an acquisition compensation agreement and received a compensation of 2,952,673.5 yuan. Zhang Chen, as the adopted son, sued to inherit and divide the demolition resettlement benefits, arguing that the compensation funds belonged to Liu Shufen's estate.
II. The focus of the case
- Focus 1: Whether the compensation money for the confiscated house belongs to Liu Shufen's estate.The effectiveness of the purchase agreement and whether Liu Shufen had obtained ownership of the house before her death determine whether the compensation money can be divided as part of her estate.
- Focus 2: Does Zhang Chen have the qualifications to be an heir?The adoption relationship has been terminated, and the child was never actually raised by Zhang Chen. Whether Zhang Chen is eligible to raise the defense is the core issue of the defense.
- Focus Three: The legal effect of the change of the right to lease public housing.The property rights unit will change the lessee to Wang Li and resell the house. How will the compensation money be allocated and determined to whom it belongs?
III. The professional intervention of Hengluo Law Firm
The original complaint stated that:Zhang Chen claimed that the demolition benefits of the house involved in the case belonged to Liu Shufen's estate, and as her adopted son, he was entitled to statutory inheritance rights and demanded to inherit and divide the estate according to law.
The defendant (from the prosecution's perspective) argued that:Zhang Chen argued for a division of assets, but several effective judgments had already determined the relevant facts before that. Moreover, Wang Lifang's claims in previous lawsuits were hardly accepted by the court.
Legal Opinion by Hengluo Law Firm:Wang Li only entrusted a lawyer to represent him 10 days before the trialLiu Xiang YingThe lawyer failed to disclose the unfavorable judgment in advance. Despite the emergency, the lawyer clearly identified two core defense directions: "the property involved in the case does not belong to the estate" and "the plaintiff does not have the qualification of an heir". He decisively applied to the court for evidence collection and communicated with the property rights unit and the expropriation affairs center on multiple occasions. The lawyer successfully constructed a chain of facts: Liu Shufen signed an agreement in 2018, but it was agreed that it would take effect from the date the government issued the expropriation decision; the government issued the expropriation order on July 15, 2023, while Liu Shufen had died in May 2022, and the pre-death agreement was not effective, so she only enjoyed the right of tenancy and did not obtain ownership; after her death, the property rights unit changed the tenant to Wang Li and signed a new agreement; the 2.95 million yuan that Wang Li received in 2025 was obtained as a legitimate tenant and buyer, not Liu Shufen's estate. The attorney's opinion emphasized that the adoption relationship had been dissolved and there had never been actual custody, so the plaintiff was not a qualified party.
IV. Outcome of the case
After investigating the property rights unit, the court concluded that: Liu Shufen signed an agreement in 2018 stipulating that it would take effect when the government issued the expropriation decision. However, the expropriation decision was issued in 2023, so the pre-death agreement did not take effect. Liu Shufen only enjoyed the right to lease public housing and did not acquire ownership of the house. After her death, the property rights unit changed the lessee to Wang Li and signed a new purchase agreement with him. The compensation of over 2.95 million yuan that Wang Li received in 2025 upon signing the expropriation compensation agreement was earned by him as a legitimate lessee and purchaser, not part of Liu Shufen's estate. In the end, the court ruled to dismiss the plaintiff Zhang Chen's lawsuit, and the compensation of over 2.95 million yuan was deemed to be Wang Li's personal property.
5. Henglu Law Firm's Reminder
This case is handled by Beijing Henglu Law Firm.Liu Xiang YingThe lawyer (practice license number: 11101201511343795, subject to the document issued by the judicial administrative organ) acts as the agent. The ownership of the compensation for public housing expropriation depends on whether the expropriated person is the owner of the house or a legal lessee. Inheritance must be the personal legal property left by a natural person at the time of his/her death, and the right to lease is not the same as ownership. In the event of similar disputes, it is advisable to engage a lawyer as soon as possible to collect evidence and clarify the nature of the property rights and the process of the lessee's change.
VI. Common Questions and Answers about Inheritance Disputes over Public Housing
- Q: Does the adopted child still have the right of inheritance after the adoption relationship is terminated?
A:After the adoption relationship is legally terminated, the rights and obligations are eliminated, and the adoptee generally no longer enjoys the statutory right of inheritance, making them an unqualified subject in this regard. - Q: Is the compensation payment for the death of a public housing tenant considered part of the estate?
A:If the deceased did not acquire ownership before his death and only enjoyed the right to lease, the compensation for the expropriation usually belongs to the legal lessee and is not necessarily divided as part of the estate. - Q: Is it possible to hire a lawyer ten days before the trial?
A:It's still possible, but the risk is high. We should apply for court evidence collection as soon as possible, communicate with the property rights unit, and seize the time to build the factual chain. - Q: What does it mean in the purchase agreement that the expropriation decision will take effect?
A:This means that the effectiveness of the agreement is subject to certain conditions. Before the government issues the expropriation decision, the agreement will not take effect, and the parties have not yet obtained ownership of the house. - Q: Is it valid to change the lessee before the property is expropriated?
A:The property rights unit changes the lessee of the public housing and resells it according to the procedure. After the change, the lessee obtains the corresponding rights and interests in accordance with the law.