& shy; Mr. Ye, who lives in Fuqing, called Our hotline and said that 30 million dollars had been deposited by his uncle in a bank in Fuzhou 30 years ago, but now I was told that it was only 3,000 dollars when I wanted to pick it up. So, why is the amount difference so big? What is going on?
& shy; The heir of “30 million dollars” cannot be taken out
& shy; Mr. Ye said that when his uncle, who was doing business in Indonesia, returned home, he brought back a huge sum of 30 million dollars and saved it to a bank in Fuzhou Jintai Road twice. At that time, since Uncle’s nationality was Indonesia, the deposit business chose to keep the communication deposit on behalf of him.
& shy; The so-called communication deposit refers to a way for overseas Chinese, Hong Kong, Macao and Taiwan compatriots and residents to entrust their funds abroad to domestic banks to handle savings deposits. After opening an account, the bank will send or send the deposit certificate to the customer. When withdrawing the deposit, it is handled with a deposit certificate, which can be reported as lost or carried out. But somehow, Uncle Ye did not have this deposit certificate in his hand.
& shy; It was this business that was chosen, so Mr. Ye’s uncle handed over the receipt of the deposit to the bank for safekeeping. Mr. Ye said that due to the large amount of deposits, his uncle took out a photo of himself and signed Indonesia’s name on the back, and kept it with consigned banker of collection of people on the deposit slip. But unexpectedly, in 1987, Mr. Ye’s uncle passed away. Later, this legacy was left to Mr. Ye and others.
& shy; After getting the right of inheritance, Mr. Ye went to the bank to withdraw money. However, the bank told him that Mr. Ye’s uncle kept not 30 million dollars but 3,000 dollars at that time, and then the bank provided a copy of the deposit slip. As we can see, this copy is vague because of the seal mark, and the mantissa behind also has the words of cents, which is obviously zero and integer.
& shy; The bank refused to provide original materials. Both parties went to court
& shy; Mr. Ye’s family thought this copy was not the original one, not the original one. Later, Mr. Ye’s family asked for verification, but the bank refused. Then the two sides went to court.
& shy; During the trial, the bank could not provide the original deposit slip, while Gulou district court ruled that the deposit slip provided by the bank was true and valid. However, the Ye brothers refused to accept it and filed an appeal. Then the Fuzhou Intermediate People’s Court made a judgment that the bank’s evidence was insufficient and could not prove the deposit amount.
& shy; Later, we accompanied Mr. ye to the bank at that time for consultation. Bank staff said that he was not clear about the situation at that time. However, if Mr. Ye needs to consult some information, he needs to go through some ways through lawyers.
& shy; For this matter, Guo Shiying, a lawyer’s office in xinbam, said that the party concerned could ask the bank to provide the certificate of deposit. If the bank did not have it, it would bear the burden of adverse proof.
& shy; The 30 million dollars advocated by Mr. Ye’s family was not supported by the court, but the evidence of 3,000 dollars provided by the bank was also considered as insufficient by the court. Later, Mr. Ye fought for many years as heirs, but in the end, not only did the amount of money not be clear, but new problems arose.
& shy; The deposit amount is temporarily unable to confirm the successor but loses the inheritance qualification.
& shy; When the man inherited 0.19 billion yuan from the bank, it turned into 19,000. “Now it is judged that we cannot inherit this property.”
& shy; In order to clarify the ins and outs of the matter, Mr. Ye combed the relationship between their inheritance rights.
& shy; In 1987, Mr. Ye’s uncle died in Indonesia. Because he was not married and had no children, Mr. Ye’s grandfather had passed away again, so the inheritance right was obtained by Mr. Ye’s grandmother, that is, uncle’s mother. And Mr. Ye’s grandmother made a will again, leaving the property to Mr. Ye for them. At the same time, Mr. Ye said that they had also notarized it.
& shy; In this Fuzhou Notary Public Office document, we see that Mr. Ye and his children have legal inheritance rights.
& shy; Guo Shiying, a lawyer’s office in xinbam, said that notarization will has the highest legal effect.
& shy; Then, how can the court not approve such a legally binding document?
& shy; Court inheritance rights apply to Indonesian law
& shy; Originally, the court held that the notarization done by Mr. Ye’s family before in the notary office was wrong in application of law; But in order to refute this statement, mr. Ye’s family provided the court with a copy of Mr. Ye’s uncle’s “never married certificate” issued by the Indonesian government.
& shy; However, the court said that this could not prove that Mr. Ye’s uncle had no other legal heir. Only after confirming the legal heir according to Indonesian law, the successor has the subject qualification of the plaintiff in this case. In other words, the court found that Mr. Ye’s family did not have the inheritance qualification at present and had no right to fight this lawsuit at all.
& shy; Later, Mr. Ye’s family appealed to Fuzhou Intermediate People’s Court, and the intermediate court finally upheld the first-instance judgment.
& shy; Whether you have the right to inherit must be confirmed by the Indonesian court
& shy; So what should Mr. Ye’s family do when facing such a problem? Guo Shiying, a lawyer in xinbam, said that since Mr. Ye’s uncle was Indonesian and his deposit was in China, according to international judicial regulations, this lawsuit of inheritance rights should be applied to Indonesian laws. If they want to confirm that they are legal heirs, Mr. Ye must go to the Indonesian court to file a lawsuit.
& shy; Guo Shiying, a lawyer’s office in xinbam, said that if the Indonesian court confirmed the legal inheritance status of Mr. Ye and other heirs, Mr. Ye could hand over the judgment to the embassy for certification, so as to obtain the support of Chinese courts and regain the subject identity of this lawsuit.