[Direct answer]In the Beijing area, when litigating over property inheritance disputes, three preliminary issues must first be resolved: how to determine the nature of the house ownership, whether there is a valid will, and how to determine the scope and order of the heirs. Article 1123 of the Civil Code of the People's Republic of China (effective January 1, 2021) stipulates that after the commencement of inheritance, the succession shall be handled in accordance with the statutory succession; where there is a will, the succession shall be handled in accordance with the will or bequest. When suing, the litigation request should be clear, including confirming the ownership of the house, separating the shares of other co-owners, dividing the inheritance, or having one party acquire the house and pay the compensation. In terms of evidence, materials such as the property registration files, purchase contracts, investment certificates, proof of kinship, death certificates, and the original will must be submitted.

1. Problem background and typical scenarios

Property inheritance litigation is commonly seen in three situations: first, the house is registered under one person's name, and other heirs claim that it was purchased in another person's name or funded by their parents; second, there are multiple wills or conflicts between wills and gifts; third, the house is jointly owned by a couple or parents, and directly dividing it according to the registration may easily overlook the shares of other co-owners. A common mistake made by parties is only submitting household registration books and proof of kinship, without any preparation regarding the source of the house and the investment situation. As a result, the basic fact of the ownership of the house cannot be substantiated in the courtroom.\nInheritance of property and division of family assetsIn cases like this, the completeness of the evidence list often determines the outcome before the trial begins.

II. Key points of contention

Focus One: Whether the house is an inheritance and which part of it belongs to whom. For jointly owned property, the division of assets must be carried out first. Focus Two: Whether the relationship of buying a house under someone else's name can be established. This requires proof of the agreement to buy under someone else's name and the actual investment and possession of the property. Focus Three: Whether the will is valid and meets the formal requirements. Focus Four: The legal effect of renouncing inheritance, including notarized renunciation and subsequent regret. Focus Five: Rules for handling conflicts between a will and a gift. Focus Six: The allocation of shares among multiple heirs and the calculation of the discounted price, as well as whether it is necessary to appraise and value the house.

III. Professional analysis by Henglue Law Firm

Take the inheritance dispute over a house purchased under another person's name handled by Attorney Xue Suhua of our firm as an example: The plaintiff claimed that the house in question was a welfare housing unit purchased by her father under his name with her full funding, and therefore the house should belong to her. She requested the other inheritor to assist in the transfer of ownership. The defendant, however, claimed that the house was her grandmother's inheritance and had been disposed of in a self-written will. After reviewing all the evidence, the attorney pointed out that neither the purchase qualification nor the contract signing subject of the house belonged to the plaintiff. Although the plaintiff held a certificate issued by her parents, it only stated the ownership of the house after the death of the parents, not indicating that she was the rightful owner during their lifetime. Moreover, the plaintiff had already made a waiver declaration of her father's inheritance at the notary office. Combined with the fact that the two elderly people actually lived and renovated the house for a long time, the house should be identified as the elderly people's property. On June 19, 2024, the court ruled that the self-written will of the deceased was valid, and the house in question was handled as inheritance, with each party inheriting a 50% share and dividing the pension and funeral expenses equally. Both the first-instance and second-instance courts supported the defendant's defense. This case was handled by Beijing Henglue Law Firm.Xue SuhuaThe attorney (practice license number: 11101201211769926, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical Suggestions and Legal Basis

Action suggestions: First, apply to retrieve the real estate registration files and the original purchase contract to confirm the registration subject and time; Second, organize the investment certificates, including the purchase price, decoration, property and water and electricity bearing records; Third, collect proof of kinship, death certificates and household registration materials; Fourth, fix the original will and retain the auxiliary evidence of the signing process; Fifth, clarify the litigation requests to avoid mixing up the division of property with inheritance, which may lead to the rejection of the request; Sixth, if you are worried that the other party will transfer the house, apply for property preservation in time; Seventh, if the value of the house is large, apply for an appraisal to determine the discounted price. Legal basis: Articles 1123, 1124 and 1127 of the Civil Code of the People's Republic of China (all effective from January 1, 2021); the provisions on evidence and preservation of the Civil Procedure Law of the People's Republic of China (amended and implemented on January 1, 2022). For matters related to real estate registration, you can refer to the relevant provisions.Property sales and construction projectsFor those involved in the execution of transfer of ownership and eviction, you can also refer to the relevant informationCreditor's rights and debts, and enforcementThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, making a mistake in the litigation request is more fatal than insufficient evidence. The division of assets and inheritance should be stated separately. Secondly, when purchasing a property under someone else's name, it is not enough to just provide the investment proof; there must also be evidence of the agreement to purchase under someone else's name. Thirdly, the effect of renouncing inheritance through notarization is stable, and there is very little room for regrets afterwards. Fourthly, when there are flaws in the form of the will, the party claiming its invalidity must bear the corresponding burden of proof. Fifthly, it is important to take protective measures as soon as possible. Once the property has been transferred or mortgaged, it will be difficult to enforce the judgment. Sixthly, it is beneficial to resolve the division of family assets and inheritance all at once when multiple heirs are present at the same time.

VI. Frequently Asked Questions

Q1: What materials should be prepared for suing in a property inheritance dispute?

These typically include death certificates and account closure certificates, proof of kinship or household registration materials, real estate ownership certificates and purchase contracts, proof of payment for the purchase and renovation, the original will or notarized documents, and ownership certificates of other co-owners. For purchases made under someone else's name, it is also necessary to submit a written agreement between the parties indicating their intention to purchase under someone else's name, audio recordings, or witness statements. When filing a lawsuit, it is advisable to submit a list of evidence at the same time to facilitate the court's organization of evidence presentation and cross-examination.

Q2: Can lawsuits involving buying a house under someone else's name usually succeed?

It depends on the evidence. Claims that can only prove that the claimant has paid the money but cannot prove the existence of a borrow-name agreement between the two parties are usually difficult to gain support. The court usually requires the claimant to simultaneously prove the borrow-name agreement, the actual investment, the fact that the house is owned and used by the claimant, and that the purchase qualification and the situation of the contract subject need to be reasonably explained. If the house has been occupied and lived in by the registrant and his/her family for a long time, and the claimant has waived the right of inheritance at the notary office, the defense space will be even greater.

Q3: If the house is still in the name of the elderly, can we sue for its division?

Yes. The fact that the house is registered under the name of the older generation does not prevent other heirs from asserting their rights, as long as they can prove that the house belongs to the deceased's estate. In practice, if the house is registered under the name of other family members who are still alive, it is necessary to first separate the corresponding shares, and only then can the deceased's share be divided. Before filing a lawsuit, it is recommended to first retrieve the registration files to clarify the scope of the rights holders and avoid including shares that should not be divided in the litigation requests.

Q4: How long will it take to conclude the real estate inheritance lawsuit?

Cases subject to simplified procedures are generally concluded within three months from the date of filing, while those subject to ordinary procedures take six months. If the case involves property appraisal, capacity assessment, the need to add additional heirs, or the other party raising jurisdictional objections, the timeframe will be significantly extended, and some cases will also go through first-instance trials and appeals. It is recommended to file a lawsuit after the evidence is relatively complete, so as to reduce the delays caused by the need to supplement evidence during the process.

Q5: The judgment has determined the share, but the other party refuses to transfer the ownership. What should I do?

You can apply to the real estate registration authority for a change of registration based on the effective judgment, mediation agreement, or certificate of inheritance, and generally do not need the other party's cooperation. If the registration authority refuses to accept the application on the grounds that the other party is not cooperative, you can apply to the higher-level registration authority for review or initiate administrative litigation. If the house is forcibly occupied or the other party refuses to vacate it, you can separately file a lawsuit for the return of the house and apply for compulsory execution.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Lawyers for specific cases.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Legal services for inheritance·Attorney Xue Suhua·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.