Yang Xian was born in October 1995 to take refuge in their work in a factory of Shijiazhuang\'s grandparents, stone settled in at the same time. Dr didn\'t work nor shelter, so aunt and grandparents, living together in the grandfather in the public housing units to. In May 1996, Mr Yang grandparents have died, aunt moved out to live. 1997 Dr grandfather live in public housing by the Organization to sell its living, because of the urgency of the situation at that time, management allowed Yang on behalf of his grandfather purchased the House. In 1999, a real estate development company, lived by his grandfather Yang was demolition of housing, real estate company to Dr compensation costs tens of thousands of Yuan, after Yang\'s aunt knew that this House should return all her, on the grounds that her parents grandparents after the death of Mr is Dr, only she has the right to succeed his father living live in public housing. Mr Yang thought that he was the grandfather living lives of people, according to the provisions of the regulations governing management of urban private housing in China, Dr identity following the rental of the right to living people live in public housing, after rent relationship formation, purchase the public housing can yourself, so Dr housing ownership.
So what exactly Mr Yang and his aunt who is more entitled to inherit ownership of this House do?
Pacific law firm Meng Wenyu counsel: Mr Yang reference the provisions of the regulations governing management of urban private housing to illustrate his inheritance rights to housing, this is not. The Bill is to adapt the ownership of leasing relations regulations, and nothing in this case was concerned with urban public housing for sale should be applied in the process of urban housing system reform in China\'s relevant laws, regulations, and policies. Regulations on administration of the city\'s public housing article 28th: \"lease of residential housing, death within the lessee in the lease term, their lives with more than 2 years of family members are willing to continue to perform the original contract, you can go through the renaming procedure. \"It shows as following the rental relationship of living people should be at least three conditions: a family member, second, of family members living together for more than 2 years; three is the renamed formalities. Only these three conditions are met, to enjoy based on the related rights of leasing relations. Mr Yang is clearly does not have the identity of living persons, cannot exercise corresponding rights.
Mr Yang and his aunt\'s controversy, belonging to the sale of public housing in the urban housing system reform in China during the case. According to the national housing reform policy and the provisions of the interim measures for the sale of public housing in Shijiazhuang city, to purchase, the sale of public housing, requires 2 conditions: first, this unit employees; second, with the usual account of Shijiazhuang. Mr YEUNG is not the unit employees, cannot purchase their grandfather\'s unit housing; and grandfather young organization attitude is clear: only represent Yang Yang exercise of their rights, has not recognised Yang\'s right to purchase.
The approach also provides: \"after the death of the purchasers, inherited by the heir or legatee the rights and obligations. \"According to this provision and a large number of judicial practice shows that the purchase of public housing has become an independent civil right. Death of if the right person, right to be heritage properties, by his legal heirs or legatee in accordance with legal procedures. According to the provisions of the inheritance law, only a grandfather young\'s heirs have the right to buy the House, Yang as a second order successors shall not be entitled to the status of all State-owned house purchased exclusive, disposal on behalf of his grandfather.
Terms of leasing relations, is also seen from the inheritance relationship, Yang has the right to purchase on behalf of the House yourself, no right to arbitrarily punished the room. Dr behavior is only an agent or disbursements, not necessarily taking ownership litigation in the case of public housing.
Yang is a compensation for housing, after deduction of the advance balance from the Housing Fund should serve as heritage, in the middle of legal heirs such as Yang aunt segmentation according to the law.
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