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The unfilial son sues for the ＂obligation to support＂
Time:2025-08-28 Views:1457
The unfilial brother transferred one of his properties to his sister in order to have her take care of his mother on his behalf, and both parties signed a "transfer" agreement. One year later, the property appreciated and my brother regretted it
His brother Liao Dazhi gave his house property in Qingcheng Mountain Scenic Area to his sister Liao Xiaoling at the cost that her sister would support him
old mother. But one year later, due to the appreciation of the gifted property, Liao Dazhi and his wife changed their mind. Liao Dazhi sued his sister Liao Xiaoling in court on the grounds that his wife was unaware of the gift of the house and her obligation to support the elderly could not be transferred at will, demanding that her sister return the previously gifted property. On January 20th of this year, Dujiang, Sichuan
After hearing the case of transferring the obligation to support the elderly, the Yan City Court made a judgment: the obligation to support the elderly can be transferred, but the donated property should not be returned! The first national case of transferring the obligation of child support has finally been settled.
The eldest son is unfilial and abuses the mother
At the back of the beautiful Qingcheng Mountain, there lived a family named Liao. Father Liao Maoquan, mother Xu Shaofang, and two sons and one daughter in the family. The eldest son Liao Dazhi and the youngest son Liao Yong are both engaged in household farming, while the daughter Liao Xiaoling has been working in Chengdu. In the eyes of Liao Maoquan and his wife, although Liao Dazhi is the eldest son, he is somewhat selfish and cannot keep up with the filial piety of his younger son Liao Yong towards his parents.
In the winter of 1997, 70 year old Liao Maoquan and his wife discussed their future retirement plans. After consideration, they decided to divide all the houses they built over 10 years ago among their two sons who have become families and will be supported by them. At the family meeting that evening, the two sons who each received half of the property negotiated and ultimately decided that the youngest son Liao Yong would support his father Liao Maoquan, and the eldest son Liao Dazhi would support his elderly mother Xu Shaofang.
Not long after the elderly couple divided the house among their sons, their eldest son Liao Dazhi and daughter-in-law Li Chengliu moved to Wenjiang District, Chengdu to settle down. The house they had previously received became vacant and has been unoccupied ever since. Xu Shaofang also left his wife and followed his eldest son's family to live in Wenjiang, which is tens of kilometers away from Qingcheng Mountain.
Li Chengliu is a person with a somewhat impatient temper, while Xu Shaofang, due to old age and weak health, is very slow in action and work. Not long after living together, the mother-in-law and daughter-in-law argued endlessly over trivial matters, and Liao Dazhi also had some disdain for his mother, often not giving her a good face. After living with her son and daughter-in-law for a few months, Xu Shaofang no longer wanted to live with them.
One night, Xu Shaofang couldn't help saying to his son Liao Dazhi and his daughter-in-law Li Chengliu, "I'd better go back to Qingcheng Mountain to live. Anyway, you still have a house free there." But after hearing this, Liao Dazhi refused his mother's request on the grounds that no one would take care of her.
Obligation to support the transfer of a house as a gift
Speaking of Liao Xiaoling who works outside. Since her parents distributed the house property to her brother and brother, Liao Xiaoling has received calls from her mother Xu Shaofang from time to time, telling her about the hardships of living with Liao Dazhi and his wife, and expressing her strong desire to return to Qingcheng Mountain to live. Every time she receives a complaint call from her mother, Liao Xiaoling, as a daughter, feels very uncomfortable in her heart. Finally, one day, when her mother cried to her again about her brother and sister-in-law's unfilial behavior, Liao Xiaoling made the resolute decision to go home and take care of her mother. [page]
Liao Xiaoling found her brother Liao Dazhi and requested to take care of her mother herself. After hearing this, Liao Dazhi and his wife were very happy and readily agreed. Since Liao Xiaoling didn't have a house to live in when she returned home, Liao Dazhi decided to transfer the dilapidated house in the back of Qingcheng Mountain that his parents had given him to his sister when she thought of throwing the hot potato to her sister.
On June 20, 2001, Liao Dazhi and his sister Liao Xiaoling signed a special transfer agreement, which read as follows: Brother Liao Dazhi voluntarily transferred all his houses to his sister Liao Xiaoling, but her sister Liao Xiaoling must take care of her mother Xu Shaofang on her behalf. At the same time, the agreement also includes clauses such as "the right to rent, renovate, and transfer the house belongs to my sister Liao Xiaoling, and my brother Liao Dazhi has no right to interfere".
After signing the agreement, Liao Xiaoling moved into the house that her brother had transferred to her with her mother Xu Shaofang. Liao Xiaoling is very filial and takes care of her mother's diet and daily life meticulously. The filial piety of his daughter made the elderly Xu Shaofang fully feel the warmth of life, and neighbors often praised Xu Shaofang's good fortune.
Since the obligation to support his mother was transferred to his sister Liao Xiaoling, Liao Dazhi and his wife Li Chengliu have never returned to Qingcheng Mountain to visit their parents, and they have not been filial to the elderly.
Going back on his word and demanding a house
A year later, tourism development has been carried out around Qingcheng Mountain, and the nearby houses have gained a lot of value. As the house is located in the Qingcheng Mountain Scenic Area, Liao Xiaoling's house has opened a lot of characteristic farm stores for tourists to spend their leisure time. Seeing the thriving business of these rural specialty shops, Liao Xiaoling, who has been working outside for many years, had a sudden idea and also had the idea of converting her own house into a small rural shop. Subsequently, she began planning the renovation of the house and ordered various building materials required for the renovation.
However, to Liao Xiaoling's surprise, at the end of June 2002, she was preparing to start renovating her house when her elder brother and sister-in-law, who heard the news, suddenly rushed home angrily. Li Chengliu angrily ordered the workers to stop work immediately. In front of her father-in-law Liao Maoquan and mother-in-law Xu Shaofang, she said to Liao Xiaoling, "This house was previously divided among your brother Liao Dazhi. The house is the joint property of husband and wife, and you siblings transferred it without obtaining the consent of my co owner. Therefore, the transfer agreement is invalid." Liao Xiaoling was so angry that her sister-in-law couldn't speak: when the transfer agreement was signed, she was clearly present, but now she has changed her mind and said she didn't know! What made Liao Xiaoling even angrier was that her own brother was also helping to fabricate lies on the side. I saw him put on a difficult expression and say, "Sister, when I signed the agreement, I said I needed your sister-in-law's consent, but you just didn't listen..." Then, Liao Dazhi bit his sister back and said, "You said you wanted to support your mother. If you didn't have this house, would you still be willing to support her? I don't think you had any good intentions back then, you just wanted a house
Forced and anxious, Liao Xiaoling retorted to her brother and sister-in-law, "Didn't you just feel unbalanced watching the house appreciate in value? Didn't you just want to take the house back?" Thinking of her own brother's disregard for family ties for the sake of the property, Liao Xiaoling shed tears as she spoke: "This house used to be so dilapidated that you didn't want it anymore, so you gave it to me. When you gave the house, you still had me take care of your mother on your behalf..." [page]
Before Liao Xiaoling could finish speaking, her brother and sister-in-law spoke again: "Even if the house can be transferred, can the legal obligation of supporting the elderly be transferred
The two sides engaged in a heated argument, with Liao Dazhi and Li Chengliu both determined to return the property, while Liao Xiaoling insisted that the transfer agreement signed with her brother had legal effect, and her sister-in-law Li Chengliu did not raise any objections at the time.
The two sides argued endlessly and were deadlocked. Liao Xiaoling's plan to renovate her house and open a shop had to be shelved.
Brother and sister-in-law lost the lawsuit in court
In February 2003, Liao Dazhi filed a petition against his sister Liao Xiaoling in the dock of the Dujiangyan Irrigation Project City Court, asking the court to declare the original transfer agreement signed by the original defendant invalid and order the defendant to return the house to the plaintiff. Liao Dazhi claimed in the lawsuit that there were invalid factors in the transfer agreement signed between the plaintiff and the defendant. Firstly, the transfer agreement was actually a house gift contract and should be revoked according to the invalid contract; The second is that the transfer of the obligation to support violates legal provisions, and the content of the agreement is illegal.
Dujiangyan Irrigation Project City Court immediately accepted this unprecedented case of transfer of maintenance obligations.
Since being sued by her brother, Liao Xiaoling's heart has been filled with pain and conflict. She knew that her brother's purpose for returning to the property was not to support his mother, but for his own personal gain!
In October and December 2003, the court held two hearings to hear this case. During the trial, the plaintiff Liao Dazhi and the defendant Liao Xiaoling siblings engaged in a tit for tat argument in court regarding the validity of the agreement to transfer their maintenance obligations. After trial, the court unanimously agreed that the plaintiff Liao Dazhi did not question the authenticity of the agreement in the civil complaint, and that this agreement can indeed ensure that the elderly have a place to rely on in their later years. Therefore, the court ultimately determined that the agreement signed by the plaintiff and defendant should be a valid agreement. According to the agreement, the plaintiff and defendant transferred the responsibility of providing for the elderly, which refers to the material obligation of support. Material support obligations can be fulfilled by others and will not affect the rights and interests of the elderly.
Subsequently, the plaintiff Liao Dazhi submitted to the court that the house was jointly owned by husband and wife, and he transferred the house to his sister without his wife's consent. Therefore, this transfer should be considered invalid.
The court also did not support the plaintiff's claim. The judge believes that although the plaintiff Liao Dazhi's wife was unaware of the situation when the agreement was signed, after Liao Dazhi transferred the house to the defendant, the couple no longer fulfilled their obligation to support their mother. Based on this, the court subsequently presented the investigation transcript of the mother of the plaintiff and defendant, Xu Shaofang. The investigation record confirms that Liao Dazhi did not fulfill his obligation to support his mother after transferring the house to the defendant. Therefore, the court believes that Liao Dazhi and his wife jointly recognized the transfer behavior at that time.
On January 20, 2004, the Dujiangyan Irrigation Project City Court pronounced the first case of assignment of maintenance obligations in China. The court rejected the plaintiff Liao Dazhi's claim, pointing out that the obligation to support the elderly can be transferred, and the property transferred by the plaintiff Liao Dazhi to the defendant Liao Xiaoling should not be returned. Sichuan Faneng Law Firm is dedicated to serving you.