This is a simple land expropriation dispute case. Among the six sisters who filed the complaint, five married into other villages, while the eldest sister remained married within the village. After their parents passed away and the house collapsed, the land where their parents’ old house stood was expropriated by the government. Several bamboo trees on the land were included in the government’s compensation for young crops. Without informing the other sisters, the eldest sister and her husband confirmed the quantity and value of the young crops, signed the documents, and received the compensation. The eldest sister and her husband, aware of their mistake, are willing to return the full amount of the compensation to be distributed among the other sisters. However, the other sisters demand the return of the land and the young crops, and seek compensation from the government.

Below are two response letters. The first is a draft prepared for the leadership, and the second is a revised version based on the leadership’s feedback. In summary, for issues not caused by the government itself, it is crucial to avoid direct attribution of fault to prevent negative impacts on relevant departments and units.

Response to the Petition Case

Citizens Wang Xiuying, Wang Liying, et al.:

Your petition submitted to the Wuhu City Petition Bureau on February 11, 2014, was forwarded to our sub-district office and assigned to the Comprehensive Governance and Petition Stability Center for handling. We hereby provide the following response regarding the handling of your case.

In your petition, you six sisters claimed that the young crops and other movable properties on the bamboo garden land in front of and behind your parents’ house should be inherited by the six of you after your parents’ passing. However, the young crops on the bamboo garden land were expropriated by the government without notifying you, and the compensation was not paid to you but was instead given to Li Zhonghua (the eldest sister’s husband) and Wang Aiying (the eldest sister) without your knowledge.

After thorough investigation by our sub-district staff, the following facts were clarified:

1. Wang Xiuying, Wang Liying, and the other four sisters are the legal heirs of the late Wang Guo and Zhou Rong. In the absence of a will or other inheritance arrangements, the estate of Wang Guo and his wife should be inherited by the six of you.

2. The land where the young crops in question are located falls within the scope of the “Wuhu City Government Land Expropriation Notice” (Wuhu Government Document [2009] No. 14). In accordance with laws, regulations, and relevant municipal government documents, our sub-district strictly followed the required procedures, conducted in-village and household publicity of relevant legal policies, and signed land expropriation agreements with village groups based on the consent of more than two-thirds of the household heads. The relevant compensation funds were also transferred to the accounts of the respective village groups as per the procedures.

3. The ownership of the young crops on the bamboo garden land, as collective property, was confirmed by the Mingshi Third Village Group with a seal before expropriation, recognizing it as jointly owned by Li Zhonghua and Wang Aiying (the eldest sister) of the Mingshi Third Village Group. However, since Wang Aiying is only one of the six sisters entitled to inheritance, and Li Zhonghua and other family members do not have inheritance rights over the young crops, the confirmation of the young crops’ ownership was erroneous. The Mingshi Third Village Group was at fault in the process of confirming the ownership of the young crops.

4. Due to the Mingshi Third Village Group’s fault in confirming the ownership of the young crops, there were also issues in the subsequent distribution of compensation. The compensation for the young crops, which should have been jointly inherited by the six sisters, was instead paid to Li Zhonghua and Wang Aiying’s family.

5. After the passing of Wang Guo and his wife, their household registration was legally canceled. Therefore, the village group believed that Wang Aiying and her husband, who still reside in the village, had the right to sign on behalf of the family. However, in reality, Li Zhonghua and his wife’s signatures on the compensation registration form and the receipt of the young crops compensation were unauthorized acts. The Mingshi Third Village Group was at fault for not exercising due diligence and failing to promptly identify the rightful owners of the young crops.

Li Zhonghua and his wife, along with the village group and relevant land expropriation departments, conducted a detailed assessment of the value of the young crops. However, since Li Zhonghua and his wife had no right to dispose of the young crops, the assessment results were not recognized by the other sisters.

Although Li Zhonghua and his wife’s unauthorized acts were at fault, the measurement and calculation of the quantity, size, and scope of the young crops on the bamboo garden land were conducted objectively and accurately in the presence of Li Zhonghua and his wife, members of the Mingshi Village Committee and village group, government land expropriation department staff, and investment and construction unit personnel. Moreover, according to relevant policies, regulations, and municipal government provisions, the compensation prices for various types of young crops are fixed and legal. Therefore, with the presence of heir Wang Aiying, the total value calculation of the young crops compensation was reasonable and accurate, and would not deviate from the actual situation due to the absence of other heirs.

6. The land deeds from 1924, 1926, and 1938 held by the six sisters for the house and bamboo garden land became invalid after the founding of the People’s Republic of China. The 1953 land and property ownership certificate, according to the “Guangdong Province Land Certificate Issuance Measures,” also became invalid in 1992. The ownership of the bamboo garden land had already belonged to the Mingshi Third Village Group collective economic organization before expropriation. At the time of expropriation, the house and other immovable properties on the land had collapsed and were not rebuilt. According to relevant laws and regulations, the expropriation of the bamboo garden land only involved compensation for young crops and did not involve other land expropriation compensation issues.

Based on the above investigation and existing issues, our sub-district plans to address the matter from the following three aspects:

1. Regarding rural collective land use rights, only land registration in accordance with China’s current “Land Management Law,” “Land Registration Rules,” and other relevant laws and regulations can create property rights. Since the land deeds from before the founding of the People’s Republic of China and the 1953 land ownership certificate held by your sisters do not meet the requirements of China’s current laws and regulations, and you did not apply for certificate renewal or replacement in a timely manner, according to the “Guangdong Province Land Certificate Issuance Measures,” as of December 31, 1992, “failure to apply for certificate renewal or replacement without applying for a deferral will result in the invalidation of the original land use approval documents or land certificates, and the land ownership or use rights will no longer be protected by law.” Therefore, the land documents you provided are invalid and cannot serve as proof of your ownership of the land listed in the documents. Since five of the six sisters have moved their household registrations out of the Mingshi Third Village Group, according to relevant laws, regulations, and village regulations, you cannot exclusively enjoy the economic compensation from the government’s expropriation of the land. Instead, the compensation for the land expropriation will be included in the collective economic dividends of the village group.

Although the compensation for the bamboo garden land cannot be enjoyed by your sisters, the young crops on the land, as inherited from your parents, should be inherited by your sisters according to the law. After the young crops were expropriated by the government, the compensation should rightfully belong to your sisters.

2. Correct the error in the distribution of the young crops compensation. We will actively contact Li Zhonghua and Wang Aiying to return the compensation mistakenly deposited into Li Zhonghua’s bank account. We also request your sisters to assist in providing an inheritance distribution plan so that the compensation can be distributed to you.

3. Li Zhonghua, who performed the unauthorized disposal of the young crops, and the Mingshi Third Village Group, which is responsible for supervising the collective economic organization’s property, will apologize to you for disposing of the property you inherited without informing you.

Wuhu City Jiashui Sub-district Office
March 25, 2014

Response Letter to the Petition Case

Citizens Wang Xiuying, Wang Liying, et al.:

Your petition submitted to the Wuhu City Petition Bureau on February 11, 2014, was forwarded to our sub-district office for handling. We hereby provide the following response regarding the handling of your case.

In your petition, you six sisters claimed: first, that the land, property, and young crops on the bamboo garden land in Wangjiatang, Mingshi Third Village Group, owned by your parents during their lifetime, should be inherited by the six of you; second, that when the government expropriated the bamboo garden land in Wangjiatang, Mingshi Third Village Group, the aforementioned property was expropriated by the government without your knowledge, as your eldest sister Wang Aiying and her husband did not inform you. The compensation for the young crops was also not paid to you but was instead given to Wang Aiying’s family without your knowledge.

After thorough investigation by our sub-district staff, the following facts were clarified:

1. The property owned by your parents on the bamboo garden land in Wangjiatang had naturally collapsed by the time the government expropriated the land, and no new house was built afterward. Therefore, when the government expropriated the bamboo garden land, there was no need to address house demolition compensation.

2. The property ownership certificates held by your parents for the bamboo garden land in Wangjiatang had long been invalid and cannot serve as proof of your inheritance rights to the land.

Regarding rural collective land, only land registration in accordance with China’s current “Land Management Law,” “Land Registration Rules,” and other relevant laws and regulations can create property rights. Since the land deeds from before the founding of the People’s Republic of China and the 1953 land ownership certificate held by your sisters do not meet the requirements of China’s current laws and regulations, and you did not apply for certificate renewal or replacement in a timely manner, according to the “Guangdong Province Land Certificate Issuance Measures,” as of December 31, 1992, “failure to apply for certificate renewal or replacement without applying for a deferral will result in the invalidation of the original land use approval documents or land certificates, and the land ownership or use rights will no longer be protected by law.”

According to Article 15 of the “Rural Land Contracting Law,” the use rights of the bamboo garden land automatically transferred to the Mingshi Third Village Group collective economic organization after your parents passed away and their household registrations were canceled. After all six sisters married and moved their household registrations out, they were no longer registered under the same household as their parents, so they could no longer inherit the use rights of the collective land.

After more than two-thirds of the villagers in the Mingshi Third Village Group agreed and signed the relevant land expropriation agreements, the compensation funds were transferred to the village group’s account, and the government completed the expropriation of the bamboo garden land. Currently, the ownership of the land legally belongs to the state. Without clear legal provisions, your sisters cannot reclaim the bamboo garden land for free.

3. The young crops planted by your parents on the bamboo garden land in Wangjiatang should be jointly inherited by your sisters according to the “Rural Land Contracting Law” and other regulations. According to the “Wuhu City Government Land Expropriation Notice” (Wuhu Government Document [2009] No. 14), the bamboo garden land was included in the government’s expropriation scope. In accordance with laws, regulations, and relevant municipal government documents, our sub-district strictly followed the required procedures to expropriate the young crops on the bamboo garden land and provided corresponding compensation.

According to the requirements of the land expropriation procedures, for the expropriation of individual property within a collective economic organization, a corresponding notice should be issued, and the issuance of the notice is considered as the government’s notification to the relevant rights holders. After the expropriation notice is issued, the rights holders should declare their property within the specified period, and the collective economic organization should confirm the property rights before determining the ownership. After the expropriation notice for the bamboo garden land was issued, only Wang Aiying’s family declared the property, and the Mingshi Third Village Group confirmed it. The relevant government departments, based on this property rights confirmation, distributed the compensation to Wang Aiying’s family, strictly following all legal procedures.

According to China’s inheritance law, Wang Aiying, Huang Xuezhen, Huang Meizhen, Huang Yinzhen, Wang Liying, and Wang Xiuying all have the right to jointly manage, use, benefit from, and dispose of the property left by their parents after their passing. Since Wang Aiying married Li Zhonghua from the same village group and her household registration remains in the Mingshi Third Village Group, and there is no issue of other sisters having moved their household registrations out of the village group, it was reasonable for all parties to believe that she would lead the property rights confirmation for the young crops on the bamboo garden land. However, due to traditional customs, Li Zhonghua signed on behalf of Wang Aiying on the signature form, but this does not affect the fact that the property rights confirmation process was led by the heirs themselves.

According to relevant laws, after the expropriation notice was issued, the confirmation of the quantity and value of the young crops on the bamboo garden land was conducted in the presence of heir Wang Aiying, the head of the Mingshi Third Village Group, and government land expropriation staff. The measurement and calculation of the quantity, size, and scope of the young crops were objective and accurate. In the absence of contrary evidence, the results would not deviate from the actual situation due to the absence of some heirs.

In summary, regardless of how the heirs internally allocate responsibilities for managing and disposing of the young crops, they should declare the property within the specified period after the expropriation notice is issued. The specified period has long passed. If you believe that during the expropriation and compensation process, there were issues such as unauthorized declaration of property rights and receipt of compensation without notifying other heirs, you should file a lawsuit with the competent court as heirs to pursue legal liability against the unauthorized disposers. Additionally, it was found that the compensation for the young crops on the bamboo garden land was promptly deposited into the bank account provided by Wang Aiying and her husband. According to Wang Aiying, the compensation and interest have not been touched since they were deposited. If your sisters are willing, you can also negotiate and provide an inheritance distribution plan for the compensation. Our sub-district will actively contact Wang Aiying and her husband to return the compensation and interest and distribute them according to your agreed plan.

Wuhu City Jiashui Sub-district Office
March 26, 2014