＂Five people in the whole family travel and one person returns＂ continued： my uncle and nephew went to court to fight for real estate.
Qian Liyong, a 39-year-old Nanjing man, will go to court with his 20-year-old niece Miao Keyan to "compete" for the inheritance right of the property left by his parents before their death.
A year ago, Qian Liyong received the deaths of four relatives who had left home for "tourism" for nearly ten months: in May 2019, her sister Qian Limei committed suicide by jumping off a building at the top of a hotel in Shangqiu, Henan; In the same month, the bodies of his father Qian Xude, his mother Huang Fuyong and his cousin Li Lanzhen were found in the freezer of a rental house in Jinjing Garden, Luohu District, Shenzhen. After investigation by the police, the homicide was ruled out and it was determined that this incident was not a criminal case.
A series of deaths have left an inextricable knot for Qian Liyong and his family. He still can’t understand how the three old people died one after another.
At the same time, Miao Keyan, the only one who came back alive from the "tour", took her uncle to court, asking the court to award 50% of the rights related to Qian’s house at No.9 Xinzhuang, Zuochang Community, Tangshan Street, Jiangning District, Nanjing.
At 9: 30 am on July 28, the pre-trial meeting of this case was held in Tangshan Court of Jiangning District People’s Court, and both the original defendant and the defendant exchanged evidence with the court. The Paper learned at the scene that Qian Liyong and his attorney believed that the two two-and-a-half-story buildings involved in Xinzhuang No.9 house advocated by Miao Keyan were funded by Qian Liyong and belonged to his personal property.
In Qian Liyong’s view, her sister Qian Limei did not fulfill her obligation to support her parents before her death, and took them to other places without telling her family, regardless of their physical condition. She was at fault for her parents’ death, and should not be divided or scored less.
Judge Tian, who is in charge of hearing the case, said that based on the kinship between the two sides, it is recommended to settle out of court.
Qian Xude and his wife took photos with Miao Keyan, Qian Limei and their ex-husband Miao Dengshan. Photo courtesy of the interviewee.
A family of five travels, one person returns, and three old people hide their bodies in the freezer of the rental house.
After more than a year of great changes at home, Qian Liyong rarely went back to the old house at No.9 Xinzhuang. He always felt that after his parents left, he "had no feeling of home". More often, he used to squeeze into a rented house he used to run a small supermarket in Shangfeng town with his wife and daughter.
On July 28, Qian Liyong came to the front of the old house at No.9 Xinzhuang. Photo by The Paper reporter Wei Jiaming.
In June 2019, Qian Xude, a resident of Tangshan Street, Nanjing, went on a family trip together. In the end, the news that only one person returned alive spread all over the network through media reports. One of them fell from the building and three people were found in the freezer. The plot was bizarre and caused public outcry.
Up to now, it is hard for Qian Liyong and his family to accept the fact that four people, including his parents, have passed away, especially Qian Liyong’s aunt, Huangfu Honglan, who can’t help crying every time she walks into her old house.
Photo courtesy of Qian Xude, Huang Fuyong and Li Lanzhen when they traveled before their lives.
Qian Liyong told The Paper that he still couldn’t understand why his sister Qian Limei took three old people to Shenzhen thousands of miles away. How did the three old people die one after another?
On June 21st, 2019, shenzhen public Luohu Branch issued a circular explaining the deaths of Qian Xude, Huang Fuyong and Li Lanzhen. According to the circular, three bodies were found in a rented house in Luohu District. The bodies were completely dressed, with no trauma or blood on their surfaces. After on-site investigation, investigation and visit, monitoring and other work by case-handling personnel, criminal cases were initially excluded.
The results of the cause of death appraisal issued by the third-party judicial appraisal institution show that all three people ruled out the possibility of death caused by mechanical violence and poisoning and drug poisoning, among which Qian Xude died of acute respiratory and circulatory dysfunction caused by severe pneumonia on the basis of coronary heart disease; Li Lanzhen died of acute respiratory dysfunction due to pneumonia on the basis of severe malnutrition and anemia. Huang Hongying died of acute respiratory dysfunction due to lobar pneumonia on the basis of severe malnutrition and anemia.
Most of Qian Liyong’s descriptions of the life trajectories of the three old people before their deaths were learned from the paraphrases of his former brother-in-law and Miao Keyan’s father Miao Dengshan. According to Miao Keyan, Qian Xude died in a hotel in Shenzhen in October 2018. At that time, Qian Limei discussed with her mother and aunt to buy a large freezer and put the body in a rental house. "Later, other people died." Two or three months later, Li Lanzhen died of illness. In February 2019, Huang Hongying died of "hunger strike". In May 2019, Qian Limei went to Shangqiu, Henan Province to find Miao Keyan and "took her daughter to jump off the building". When Miao Keyan refused, she jumped by herself.
Qian Liyong believes that it is against common sense for my sister and niece to delay notifying their relatives at home when their loved ones die one after another. Especially after Qian Limei fell from the building and the police intervened to investigate the matter, Miao Keyan still didn’t tell her family the fact that three old people had died in Shenzhen.
After the bodies of Qian Xude and others were found, Qian Liyong tried to contact Miao Ke Yan to understand the situation, but he could never contact the other party. "The phone is not answered, and the text message is not returned."
HuangFuHongLan also told The Paper that since the accident at home, almost all relatives have never seen Miao Keyan again, nor have they seen her go home.
The demolition of the old house is just around the corner, and my uncle and nephew are going to court for inheritance.
But what Qian Liyong didn’t expect was that it was a summons from the court that made him and his niece intersect again.
On June 9, Miao Keyan filed a civil lawsuit with Jiangning Court in Nanjing, demanding that 50% of the rights related to No.9 house in Xinzhuang be owned by her.
On July 28th, the pre-trial meeting of this case was held in Tangshan Court of Jiangning Court. Miao Keyan’s client appeared in court, but he still didn’t show up. During the nearly three-hour pre-trial meeting, both the original defendant and the defendant made clear their claims and exchanged evidence.
Miao Keyan’s client stated in her application that the No.9 house in Xinzhuang was jointly funded by Qian Xude and Huang Fuyong before their death, and they had two children, Qian Limei and Qian Liyong. Now that the two old people have passed away, the above-mentioned property should be inherited by their children. Because Qian Limei also passed away in May 2019 and had been divorced before, the share that should have been inherited by Qian Limei should be passed on by Miao Keyan. At the same time, the client submitted Qian Limei’s household registration information, death certificate, one-child certificate and other identification documents to the court, in addition, no other evidence was submitted.
Qian Liyong does not recognize this appeal. He pointed out that the two two-and-a-half-story buildings involved in Xinzhuang No.9 house advocated by Miao Keyan were invested by Qian Liyong and belonged to his personal property.
The Paper saw in the location of No.9 Xinzhuang that the house standing in Qianjia’s old house consists of four parts, which are two two-and-a-half-story buildings, three bungalows, a three-story building and a row of three-story buildings from north to south. Among them, the low old bungalow with the longest construction time was built in the late 1980s when parents were alive, and two three-story buildings were built by Qian Liyong and Qian Limei around 2010 and 2005, respectively, and the disputes over inheritance were actually the two two-and-a-half-story buildings in the northernmost part.
According to Qian Liyong, the house was built by borrowing money from relatives in 1999 and prepared for his future marriage. Gao Songgui, Qian Liyong’s uncle, told The Paper that in July 1999, Qian Liyong did borrow 30,000 yuan from him, and asked him to help build the building by contracting for work and materials. Gao Songgui said that when Qian Liyong found him, the building had already started, but "the wall was built less than one meter high", and the bricklayer who worked was stagnant due to illness.
Since 2001, Qian Liyong joined the army, and served for 12 years thereafter. During this period, he received salary and subsidies every month, and in April 2004, he returned all the 30,000 yuan borrowed for repairing the house to his uncle.
Gao Songgui said that Qian Xude, who believed in Christ at that time, was busy preaching every day, earning a few small money by selling some oil and salt. There was almost no income at home, and the old couple never paid back the money for their son.
Lawyer: The distribution of legacy before death needs to consider the child’s obligation to support.
At the pre-trial meeting, Qian Liyong submitted the land certificate of Xinzhuang No.9 old house to the court. This land certificate issued by the land and resources department in 1989 shows that the actual area of Qianjia old house (that is, the three bungalows mentioned above) is only 78.4 square meters. The buildings built around by Qian Liyong and Qian Limei are rural houses without real estate licenses. Qian Liyong said that at the beginning of the construction, they did not report to the relevant departments for approval and registration.
The interior of the 78.4-square-meter bungalow referred to in the land certificate was photographed by The Paper reporter Wei Jiaming.
Two two-and-a-half-story buildings that triggered the inheritance dispute between Miao Wei and Qian Liyong. Photo by The Paper reporter Wei Jiaming
Since the second half of 2019, the demolition of Qianjia’s factory community has officially started. In the future, this village in the southeast of Jinling will soon be integrated into the city.
According to the report of Xinwenhui. com on December 11th, 2019, the demolition work of Nanjing Jiangning Factory Community was promoted in an orderly manner. After the study of the two committees, the factory community officially started the house selection work of demolition and resettlement houses at 8 am on December 2nd.
According to the local demolition policy, Qian Liyong’s family of three, including Miao Keyan, whose household registration also falls in Xinzhuang, can be divided into 240 square meters in total. However, Qian Liyong told The Paper that the demolition work was temporarily stopped due to the COVID-19 epidemic, but the measurement work had been completed before.
In Qian Liyong’s view, Miao Keyan’s complaint at this time is quite meaningful.
Ceng Cheng, the lawyer of Beijing Weiheng (Nanjing) Law Firm, Qian Liyong’s agent, said at the pre-trial meeting that the distribution of Qian Xude’s and Huang Hongying’s legacy should be decided according to the amount of the children’s obligation to support the decedent.
Ceng Cheng believes that when Qian Xude and his wife were farming at home before their death, the economic conditions were difficult. Whether Qian Liyong worked at home, joined the army and returned to the village to open a supermarket after retirement, he assumed the economic expenses and daily life of the two old people. During Qian Xude’s suffering from Parkinson’s disease, it was also Qian Liyong who took him to the hospital and paid for his medical expenses.
In addition, Ceng Cheng believes that Qian Limei will take the old man out without telling his family, which is at fault for the death of the decedent, and should be divided or scored less.
Qian Liyong said that after her sister divorced her ex-husband in August 2014, she was away from home all the year round, rarely went home, and did not provide her parents with living and medical expenses. The Paper learned from an interview with Qian Liyong’s relatives that Qian Limei had better living conditions before her divorce and often took her parents out to eat out. Qian Xude and Huang Fuyong also often boasted in front of relatives and friends and Qian Liyong. But all this changed after Qian Limei’s divorce.
Qian Liyong told The Paper that his sister had taken his parents out for a "trip" many times without his knowledge, and it was only a few days before he left. He also found that his father’s Parkinson’s medicine was discarded by his sister and mother, and the two brothers and sisters were at loggerheads.
Qian Liyong believes that her sister took her parents to other places privately regardless of their age and physical condition, causing the old man to die in Shenzhen. Obviously, she did not fulfill her duty of care and there was a major fault. The Paper noticed that in the Shenzhen police report, it was mentioned that the elderly had severe malnutrition before their death. "Mother hunger strike but don’t save, can be regarded as abandoned. Not notifying relatives after death is not only irresponsible, but also causes serious mental harm to other relatives. " Ceng Cheng said.
It is worth mentioning that in the previous media reports, several suicide notes written by Qian Xude and Huang Fuyong with red handprints were mentioned, the general content was to leave all the property and belongings to Miao Keyan after his death, but in this pre-trial meeting, Miao Keyan did not submit this as evidence to the court.
Suspected suicide note handwritten by Qian Xude and his wife during their lifetime Photo courtesy of the interviewee
Suspected suicide note handwritten by Qian Xude and his wife during their lifetime Photo courtesy of the interviewee
Doubting the cause of death of the elderly, my uncle sued my niece for infringement and demanded compensation.
This inheritance dispute between uncles and nephews has not been decided, and another infringement lawsuit is on the way.
After receiving the summons, Qian Liyong also filed a complaint with Jiangning Court, suing Miao Keyan for infringement, and asked the court to award the niece compensation for her parents’ death compensation, funeral expenses and spiritual damages totaling about 807,000 yuan.
The Paper noted that the judge handling this case was the same as the aforementioned inheritance dispute case. Before the pre-trial meeting on July 28, the judge suggested to both the defendant and the defendant and their agents that they hoped that the two sides could reach an out-of-court settlement in view of the kinship between their uncles and nephews.
Qian Liyong believes that the old man was with Miao Ke-yan from the time he went out to his death, and Miao Ke-yan witnessed the whole process. During this period, she did not inform her family or report the case to the police for assistance. "Miao Keyan is the organizer of travel activities, and she should be responsible for the safety and security of the elderly when she is out. However, she has neglected the life and health of the elderly, and the serious consequences of not treating her relatives who are sick should be predictable. She has an unshirkable responsibility for the consequences of the death of the elderly and has caused serious mental harm to other relatives. According to Articles 18 and 22 of the Tort Liability Law, she requests the court to make a fair judgment." Qian Liyong wrote in the complaint.
It has been a year since Qian Xude and other four people died one after another, and the reason for their abnormal behavior is still a mystery. Southern Weekend reported in October 2019 that both Qian Xude and Huang Hongying had joined the cult Almighty God before their death, and Li Lanzhen was a follower of Huang Hongying. Qian Liyong told The Paper that the local police had asked him about this clue, but the follow-up investigation went nowhere. Qian Liyong and many relatives admitted that parents did have some "biased beliefs" in the later period of religious belief. However, Qian Liyong always believed that the death of his parents was closely related to his sister and niece.
In view of the above claims in the infringement case, Qian Xude once asked the Luohu District Branch of shenzhen public and the Luohu District Procuratorate for access to the file. On January 15 this year, the Luohu Procuratorate replied in a letter that the criminal supervision department of the hospital considered that the public security department did not file a case for the abnormal deaths of three elderly people in compliance with the law.
Reply letter issued by Luohu District Procuratorate in January
As of press time, The Paper tried to contact Miao Keyan by phone message, but no reply was received.
Qian Liyong said that although the evidence currently available is limited, he is determined to fight this lawsuit to the end. The Paper learned that the case of tort liability dispute will be opened in Tangshan Court of Jiangning Court on August 18th.