Huang A and Huang B are siblings. Their father died in 1984 and their mother in 1999. In 1991 the homestead use right in Pudong was registered to the father and Huang A; in 2007 Huang A, with village and planning approval, rebuilt the house (49.5 square metres existing, 99 square metres approved). On demolition the family received a flat worth RMB 3.67 million, and Huang B sued for an equal share.

Issue

Whether the rebuilt property was the joint property of the registered holders, and what share, if any, a sibling not registered on the homestead right could claim.

Outcome

Ma Dehui acted for Huang A. The court held that the registered holders’ rights were determinative as to the land, while the approved reconstruction belonged to Huang A; Huang B’s claim to an equal share was rejected.