The lost old man was declared dead, the family and the community have a dispute over inheritance
The household registration certificate of the elderly Zhang Wen.
West China Metropolis Daily-cover news reporter Song Xiao
"My uncle is definitely not a five-guarantee household." Chen Min, 50 years old this year, has always had a knot in his heart. His uncle Zhang Wen was declared dead after being lost for seven years. He has more than 140,000 yuan in property and a set of assets. The ownership of the resettlement house has caused disputes.
In April 2012, Zhang Wen, a deaf-mute elderly man in Yuejin Village, Xihe Town, Longquanyi District, Chengdu, rode a tricycle to the vegetable market in Shiling Town to sell vegetables. Since then, there has been no trace. Since then, family members have repeatedly searched for people to no avail and chose to report to the police in 2014. In 2019, the court declared Zhang Wen's death. As for the inheritance of the elderly, a dispute broke out between family members and the community.
The community believes that since 1976, Zhang Wen has been taken care of by Murakami and the community. He belongs to the "five guarantee households". After the old man is lost, the social maintenance of the pension, the house demolition and relocation of the house and the compensation should be returned to the community. However, Zhang Wen's nephew Chen Min and his sister Zhang Juan denied this statement. They felt that even if the community "cared for" Zhang Wen, it was only escrow and could not inherit the estate.
Family memories
The deaf-mute elderly disappeared while selling vegetables
On April 23, 2012, Zhang Wen rode a tricycle from the home of Group 7 in Yuejin Village (now a community), Xihe Town, to sell vegetables in Shiling Town, but never returned. Originally, Chen Min wanted his uncle to eat at his house at noon, and he also called his father to Zhang Wen's house and asked two old people to come with him.
Who knows, the news of the disappearance has arrived. After Chen Min learned that Zhang Wen was missing, he hurried to find people in Shiling Town. Zhang Wenyuan's sister Zhang Juan, who married Shaanxi, also rushed back to Chengdu to participate in the search. At that time, they were looking for a group of relatives and villagers. "Although my uncle is deaf and mute, he is in good health. I don't know why he disappeared suddenly." Chen Min is still puzzled.
Zhang Wen is not married, has no children under his name, and lives alone. In the eyes of the villagers, he is hardworking and helpful. Chen Min recalled that after Zhang Wen went missing, he once asked the villagers if they had called the police, "They told me that they called the police." After that, they posted the missing persons notice and posted the missing persons information on the website, but there was no result. .
In 2014, after repeated searches to no avail, Zhang Juan rushed back from Shaanxi again and called the police at the Xihe Town Police Station in Longquanyi District on May 5 that year. According to the registration form for receiving (reporting) the police, the reporter was Zhang Juan, and there was a record that "family members did not report the situation at the police station after the disappearance". Regarding why there was no report to the police at that time, Chen Min said that because people in Yuejin Village told him that he had already called the police, he did not report again.
Inheritance dispute
140,000 yuan and a resettlement house cause dispute
Zhang Juan was trafficked to Shaanxi Province in 1961, and later returned to Chengdu to get in touch with his family. Because she was registered in Shaanxi, her household registration did not show her relatives with Zhang Wen and Chen Min's family. However, the list of offspring on the tombstone of Zhang Juan's grandparents shows that Zhang Juan and Zhang Wen are brothers and sisters.
Zhang Wen's sister, Chen Min's mother, exhorted Chen Minqian to take good care of Zhang Wen before his death.
In 1981, the two-and-a-half houses in the dam of Yuejin Village were replaced with Zhang Wen, who lived here until the house was demolished.
In 2004, due to the expansion of a nearby area, Yuejin Village handled Zhang Wen’s agricultural conversion procedures and handed over Zhang Wen’s 0.3 mu of land quota. As compensation, Zhang Wen 8,000 yuan was paid to the local government.
In July 2008, the Longquanyi District Social Insurance Management Bureau began to issue pensions to Zhang Wen until March 2016.
In 2010, because the house he lived in was within the scope of demolition, Zhang Wen signed a demolition compensation agreement. A year later, Yuejin Community repaired Zhang Wen's house due to water leakage, which cost RMB 5,000. Chen Min said that the money was used to pay Zhang Wen's 8,000 yuan that year, but the balance was not paid to Zhang Wen.
In 2012, Zhang Wen suddenly disappeared and the house where he lived was also demolished. On December 23, 2017, the Xihe Township Government and Yuejin Community assigned a certain local community to one set of properties under Zhang Wen's name.
Zhang Wen's compensation for demolition and pension are kept by the Seventh Group of Yuejin Community, Xihe Town. According to statistics, as of February 6, 2018, the balance of various expenses under Zhang Wen's name was 140,387.56 yuan.
Around this expense and the issue of property inheritance, Zhang Wen's relatives had a dispute with the 7th group of Yuejin Village.
Contention|discussion|focus|point
Is the elderly a "five guarantee household"?
On August 1, 2019, upon Zhang Juan's application, the People's Court of Longquanyi District issued a civil judgment and declared Zhang Wen's death.
Prior to this, Zhang Wen's relatives had repeatedly consulted with the community about the cost and the inheritance of the house, but they were rejected. Chen Min said that because the community denied the kinship between Zhang Juan and Zhang Wen, as a last resort, they confirmed the sibling relationship between Zhang Juan and Zhang Wen through the signatures and fingerprints of many blood relatives.
In April 2020, this "inheritance dispute" was heard in Shiling Court of Longquanyi District People's Court. According to Chen Min's description, during the court trial, the defendants Yuejin Community and Yuejin Community Seven Group stated that they had been taking care of Zhang Wen since 1976 and gave him five guarantees. Chen Min denied this statement.
In the court, the "Five Guaranteed Households in Xihe Town, Longquanyi District, Xihe Town, Longquanyi District, the Second Quarter of Supporting Funds Distribution List" and the "2008 Five Guaranteed Households of Xihe Town, Longquanyi District, Xihe Town, Longquanyi District, the First Quarter of Supporting Funds Distribution List" Zhang Wen’s registration date is August 1, 2003. However, regarding this evidence, Chen Min and Zhang Juan believed that Zhang Wen never signed the "Five Guarantees Support Agreement" on August 1, 2003. From August 1, 2003 to his loss, he did not enjoy the Five Guarantees. Treatment.
Whether Zhang Wen belongs to the "five guarantees", the two sides have been deadlocked.
Community|District|Return|Should
Never said that the old man’s inheritance will be returned to Murakami
The reporter got in touch with the relevant person in charge of the Seventh Group of Yuejin Community. The other party told him that it was not that Zhang Wen’s estate would belong to the village group, but because the village group did not approve of the relationship between Zhang Juan and Zhang Wen. My sister, but I haven't raised him for decades, and Murakami has always been in charge."
The disputed Zhang Wen’s property of 140,000 yuan and a set of resettlement houses were bought back by the village group at the time of the house allocation by means of “refunds into insurance”. Therefore, whether it was the village group at that time or the current community , Have taken care of Zhang Wen, and took care of his social maintenance and other expenses.
The relevant person in charge of the Yuejin Community Neighborhood Committee stated that Murakami never said that Zhang Wen’s estate would be returned to Murakami. When the reporter expressed that he wanted to know more about the specific circumstances of the inheritance dispute, the person in charge declined the interview.
(The characters in the text are all pseudonyms)