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Shenzhen's Small Property Rights Houses Face Difficulty in Applying for School Seats; Tang Yunhong Lawyer Skillfully Designs Inheritance Plan to Obtain School Seat

Author: Dao Hua Marriage and Family Law FirmDate: 2024-12-06Reads:times

I. Case Summary

Mr. Li's father passed away due to illness in 2010, leaving behind a small property purchased in Nanshan District, Shenzhen in 1998. Mr. Li's paternal grandparents had also passed away, and no will was established. As the first in line of inheritance, Mr. Li wanted to acquire the property but found that, due to the special nature of small properties in Shenzhen, the house could not be legally titled through the normal real estate registration process. Mr. Li was very anxious, as his child was approaching school age and he could not obtain a school place based on the property. He then turned to the Dao Hua Family Law Firm for a solution to protect his legitimate rights and interests.

II. Case Process

1. On the day of accepting the委托, Lawyer Tang Yunhong led the marriage and inheritance law team to quickly determine the solution of "inherit first, then confirm title." After communicating with Mr. Li to understand the composition of his family members, the nature of the inheritance, and his actual needs, Lawyer Tang, with years of experience in handling small properties in Shenzhen and a proficient use of notarial inheritance, quickly formulated a practical and feasible plan based on Mr. Li's actual situation: inherit first, then confirm title.

2. After determining the solution, Lawyer Tang Yunhong led the marriage and inheritance law team to quickly draft necessary inheritance legal documents such as the inheritance distribution agreement and the statement of renouncing inheritance; at the same time, consult and implement the necessary documents and procedures for transfer and confirmation of title.

3. Go to the relevant offices to handle the inheritance transfer and confirmation of title matters for the small property. Lawyer Tang Yunhong led the team to accompany Mr. Li's family to the notary office and other offices to obtain notarial documents and successfully completed the inheritance and confirmation of title related work.

III. Case Outcome

Mr. Li obtained 100% of the property involved through notarization, smoothly obtained a school place through the application for inheritance of the small property, and also successfully confirmed the title of the small property.

Notarial Certificate

IV. Lawyer Tang's Thoughts on the Case

In this case, Mr. Li's father did not leave a will, and the inheritance had to be carried out according to the statutory order. His father's wife and siblings were still alive, and his father also had two daughters besides Mr. Li. The case had a long history, and it was a small property in Shenzhen, without documents such as the Construction Project Planning License, Land Use Planning License, and House Ownership Certificate, even without a receipt of historical legacy declaration registration. There was also a complex situation with the first and second in line of inheritance. Therefore, there were many difficulties on the road to inheritance and confirmation of title.

After accepting the委托, the case's basic situation has been thoroughly reviewed, and a customized solution has been developed based on the case details to meet the client's demands and objectives. In this case, Tang Yunhong, as a local lawyer in Shenzhen, with nearly 10 years of successful experience in the inheritance of small property houses, has implemented a "inherit first, then confirm ownership" plan, ultimately achieving the legal effects of inheriting small property houses and confirming their ownership through obtaining relevant inheritance and ownership documents.

Tang Yunhong points out that in Shenzhen, small property houses are restricted from transfer and transaction due to the特殊性 of their acquisition methods, but when they are inherited as part of an estate, the usage rights, income rights, and potential demolition benefits of small property houses can be passed on through inheritance.

At the same time, inheritance disputes belong to domestic cases, and to ensure a smooth process of estate distribution while maintaining family harmony, professional wisdom is required. The involvement of a lawyer with rich experience in handling inheritance cases, and the development of a comprehensive inheritance plan, can better mitigate risks, avoid disputes, and ensure the prosperity of the family.

Tang Yunhong Lawyer

Tang Yunhong Lawyer

Chief Lawyer and Senior Partner, Guangdong Dao Hua Law Firm

Head Lawyer, Dao Hua Family and Matrimonial Law Firm Group

Founder, Dao Hua Tianyi Family Office

Marriage and Family Counselor

Tang Yunhong has focused on the provision of marriage and family legal services related to substantial property for ten years, excelling in handling majorly complex divorce property division, inheritance and partition disputes, and has handled over 500 cases, involving tens of billions in amounts, with rich experience in successful litigation.

Adhering to the philosophy of "preventing and controlling legal risks in family matters, empowering family wealth growth, and safeguarding the inheritance of family generations", Tang Yunhong co-founded the Dao Hua Marriage Lawyer Group and Family Office, collaborating with industry experts, to provide integrated "law, tax, finance" professional services to over 1000 high-net-worth individuals (including Hong Kong expatriates), including private entrepreneurs, shareholders, directors, and senior management of listed companies, and family women, etc., in the field of family wealth management and inheritance.

Tang Yunhong is well-versed in the historical evolution and policy regulations of Shenzhen and has handled numerous cases related to marriage and inheritance, partition of property, and other issues involving small property houses, land use rights, and village committee equity, forming a distinctive service model for Dao Hua's family and matrimonial legal services.

As a member of the expert group, Tang Yunhong has been invited to deliver legal seminars on marriage inheritance and wealth inheritance to numerous private banks, insurance companies, trusts, and other institutions, enjoying a high reputation in the industry.

Dao Hua Family and Matrimonial Lawyer Group

The Dao Hua Family and Matrimonial Lawyer Group has focused on major property-related marriage and family legal matters for ten years, excelling in handling cases involving over 10 million yuan, and is one of the influential brands in Shenzhen for marriage inheritance and wealth management legal services.

Team has handled over 1000 cases related to marriage and inheritance, and has extensive mediation and litigation experience in complex marriage and family matters, inheritance disputes, will drafting, and family property distribution. The team, with its local wisdom, is adept at dealing with difficult divorce property division cases involving Shenzhen's small property rights houses, village committee shares, will drafting and notarization, and inheritance disputes, earning consistent praise from clients. Adhering to the philosophy of "safeguarding property security, preventing legal risks, and empowering wealth growth," the team assembles experts from the legal, banking, insurance, and tax industries, boasts a wealth of successful cases, and provides a comprehensive one-stop solution for marriage, family, and wealth inheritance for high-net-worth individuals (including those from Hong Kong, Macau, and foreign nationals) to achieve the beautiful vision of risk prevention and control, debt isolation, and family wealth inheritance.

Asset types include: real estate (commercial housing, small property rights houses, land use rights, etc.), various property rights and interests (equity, debt, relocation compensation, copyright, invention patents, etc.).  

The team has completed the compilation of "Daohua Marriage and Inheritance Successful Case Compilation" and "Legal Practice of Family Wealth Inheritance," achieving remarkable results in both legal practice and theoretical research.

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