Summary of the Case

The property in question is jointly owned by the four houses of the X family, each holding a quarter share. It has been rented out since October 1987, with the rent divided equally among the four parties according to traditional customs. From December 1992 to April 2009, the total rent received by the original and defendant parties, amounting to 107,500 yuan and interest of 13,212.49 yuan (as of June 3, 2009), totaling 120,712.49 yuan. The plaintiff and the defendant are siblings, and regarding the one-quarter interest in the house built on the pond of the property (purchased back by the descendants of the four houses of the family and jointly owned by the descendants of the four houses of the family), the two plaintiffs demand that the interest be equally divided among the two plaintiffs and three defendants in five equal shares.

Proceedings of the Trial

Although the father of the original and defendant parties left a will stating "if there are any changes to the house in the future, each party shall hold one-third of the property, excluding personal items. Do not quarrel and make a fool of yourself ...," due to the unclear specification in the will, the inheritance shall be carried out according to the statutory succession. Both the plaintiff and the defendant have a legitimate right to inherit the estate. The five children of the deceased are the first-order statutory heirs and have the right to inherit the estate, each inheriting one-fifth. Regarding the one-quarter interest in the house built on the pond (purchased back by the descendants of the four houses of the family and jointly owned by the descendants of the four houses of the family), the two plaintiffs demand that the interest be equally divided among the two plaintiffs and three defendants in five equal shares, which is in line with the principle of fairness and has been confirmed by the court. The judgment is as follows: 1. The one-quarter interest in the rented house (77.45 square meters) shall be inherited by the two plaintiffs and three defendants in equal five shares; 2. The one-quarter interest in the house built on the pond (purchased back by the descendants of the four houses of the family and jointly owned by the descendants of the four houses of the family) shall be held by the two plaintiffs and three defendants in equal five shares. 3. The defendant shall distribute a total of 26,089.88 yuan in rent and interest to the two plaintiffs within ten days from the date when the judgment takes legal effect. 4. The defendant shall compensate the two plaintiffs for reasonable expenses for tomb sweeping and transportation, amounting to 6,189.58 yuan, within ten days from the date when the judgment takes legal effect from the remaining rent and interest.

Analysis by Lawyer Dao Hua

When the deceased has not left a will or the will is unclearly specified, all of the deceased's estate shall be inherited according to the statutory method. In this case, as the deceased did not leave a will or the will did not distribute part of the estate, the estate in question shall be inherited according to the statutory method. The two plaintiffs and the three defendants, as the first-order statutory heirs, shall inherit the estate of the deceased in accordance with the law.