The wife and brother of a United States green card holder, who burned himself to prevent the demolition of his father's house, have decided to hire lawyers to sue their village committee for allegedly leveling the house without permission.

Xi Xinzhu, who set himself on fire on Monday, is recuperating at No 304 hospital with his right hand and torso wrapped in bandages. His face suffered severe burns and is badly damaged.

A ward nurse told China Daily that he is no longer in critical condition as of Tuesday but that 10 percent of his body is severely damaged.

Xi's wife Long Shufang, who emigrated to the US with Xi and is now a US citizen, told China Daily they would seek help from lawyers.

The site where the 311-sq-m house of Xi's father once stood is now a heap of bricks, said Xi Xinqiang, brother of Xi Xinzhu, yesterday.

The younger Xi said it housed their 81-year-old mother, his brother, his sister-in-law, his wife and his daughter.

On June 1, Xi Xinzhu and his wife learned of the plans to demolish the house, prompting their return to Beijing.

The family was offered three apartments and 640,000 yuan ($94,000) as compensation.

"We didn't sign the relocation agreement because our flat was left by my late father. We grew up here and were emotionally attached to it," Xi Xinqiang said.

He said the apartments they were offered were economically affordable apartments, which have many transfer restrictions. The father's house, on the other hand, was a commercial property, which can be transferred freely and can be sold for a higher value.

Xi Xinqiang said a notice was posted at the front door of their house last Friday from the Yuquan village committee, Haidian district, stating that their house would be demolished and his family would be forced to relocate by Tuesday.

At 2 pm Monday, six men in helmets broke into the house, forced Xi Xinqiang to the ground and dragged his mother and wife out of the flat. Xi said his mother, who was then lying on the bed, has been paralyzed for years. His wife was wearing pajamas when she was kicked out, he said.

He said Xi Xinzhu sprayed gasoline used to heat the flat all over his body to stop the violence. He then threatened to ignite his body on fire if the men took any further action.

"When my brother threatened to light the gasoline, the men just said, 'Go ahead'," Xi said.

The fire was put out by the six men and Xi Xinzhu was sent to the hospital.

Xi's 81-year-old mother is currently undergoing treatment at another hospital. His wife is staying at No 304 hospital with him. All their belongings, such as bank-account books, money and jewelries, are gone.

Village chief Zhang Quan is also the owner of Beijing Yiquan Real Estate Development Ltd. The company is responsible for real estate development of the area where Xi lived, the Beijing Times reported.

China Daily called the company, but a man who picked up the phone said Zhang was not available for comment.

The Beijing municipal government plans to demolish 50 villages inside the city next year to solve so-called security and health problems in these areas.