The issue of the transfer of the heirs in the second order of the estate

When it comes to the issue of ownership confirmation, the first step is inheritance.

First of all. Your grandmother's estate, your grandmother does not have a clear will, you are not the first succession sequence. Your father, aunt, and uncle are the first succession sequence. You don't have anything to do with you in the inheritance of your grandmother's estate.

Second. After consultation and settlement with your uncle and aunt, and after going through the inheritance formalities (the first procedure), your father inherits the estate, then your father becomes the owner of the estate, and your father has the right to dispose of the property.

Third. Your father is now giving you this property (in this case, your father's property, not your grandmother's estate) in the form of a gift or testamentary inheritance (second procedure).

Therefore, both procedures are indispensable. The key reason is that your father, aunt, and uncle do not have the right to make a testamentary distribution of the estate on behalf of your deceased grandmother (direct inheritance to you), so the first step of inheritance must be taken, which is to give it to your father first. The second step is for your dad to give it to you.

There is a certain truth in what your father said about the first order of succession to give up the inheritance, and the second order of succession to inherit.

But what needs to be done now, not to mention that all those in the first order of succession should give up their inheritance, then all those in the second order of inheritance have the right to inherit directly (because if the first order of inheritance is all abandoned, it is not your father's property, and your father has no right to dispose of it, but your grandmother's inheritance). Everyone else in the second order of succession (cousins, cousins, etc.) must also give up the inheritance before the inheritance can be in your own hands. So many people have to go through the formalities one by one to write a statement.

Theoretically, it seemed to be fine, but it was very laborious to operate, so the notary office did not agree to transfer the property directly to my name on the grounds that "the second-order heirs are too involved." This statement is not correct, it should be you who give it up yourself, and the procedures for giving up all the first succession order and the other people of the second inheritance must be completed, which is much more troublesome than going through two procedures. You can do it if you want to, as long as you don't bother yourself (of course, you should be able to save a little money).

My laishoulin has been modified too many times and can't be modified anymore.

There is no specific clause to deal with your situation, but only to analyze your adaptation to the situation based on the basic clauses. You just give the score to that laishoulin.

Chapter II Statutory Inheritance.

Article 10 The inheritance shall be carried out in the following order:

First order: spouse, children, parents.

Second order: siblings, grandparents, maternal grandparents.

After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not. If there is no first-order heir, the second-order heir shall inherit.

The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren.

The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents.

The term "brothers and sisters" in this Law includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

Article 13: The share of inheritance inherited by heirs in the same order shall generally be equal.

Why is it said that inheritance can be renounced? Yes, to give you a real case: a driver in Beijing drove drunk and drove to the subway construction site, hit and killed 5 workers, because the compensation amount was too high, his wife gave up the inheritance property, so the inheritance debt can be avoided.

So it's okay to give up the inheritance. Then after the first succession is abandoned, there is no first-order heir to inherit (there is no first-order heir or no one wants to inherit), that is, the second-order succession is inherited, and the second succession order is an equal inheritance right.

Title Deed Transfer:

1. If the transfer of the real estate certificate does not go through the real estate agency, the terms of the contract and the terms of breach of contract must be clearly written, and the party with the name on the seller's real estate certificate must be present when signing the contract (if it is married, both husband and wife need to be present and sign, even if there is only one person's name on the real estate certificate).

2. After the application materials are ready, you must go to the real estate bureau to fill in some ** and a stock contract, and the amount on the stock contract must be the same as the amount on the signed contract.

3. After the application materials for the transfer of real estate are handed over to the Real Estate Bureau, the Real Estate Bureau will give a receipt to pay the tax according to the date stated on the receipt, which generally takes about 15 working days.

4. After the real estate transfer tax is paid, you can get the real estate certificate.

Originally, I wasn't going to divide it, so let's add to the upstairs, it's correct that all the heirs in the first order give up the inheritance; In this way, all second-order heirs will enjoy the right of inheritance, and in this way, the other heirs in the second order will be required to give up their inheritance rights (it is believed that some minors will be involved, and the legal ** person of the minor cannot directly do acts that damage the ** person, including the renunciation of inheritance here, that is to say, if there is a minor second-order heir, then this model cannot be operated).

Realistic and feasible way, I'm afraid there is only one to give up and inherit it by your father, and your father is giving it to you.

Legal analysis: The second order of inheritance is: siblings, grandparents, maternal grandparents.

The first order is spouse, children, parents. After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not. If there is no first-order heir to inherit, the second-order heir shall inherit.

Legal basis: Article 1127 of the Civil Code of the People's Republic of China The inheritance of the estate shall be in the following order: (1) The first order:

spouse, children, parents; (2) Second order: siblings, grandparents, maternal grandparents. After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not. If there is no first-order heir, the second-order heir shall inherit.

For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren. For the purposes of this Part, the term "parents" includes biological parents, adoptive parents, and dependent stepfathers. The term "brothers and sisters" as used in this Part includes brothers and sisters of the same parents, half-brothers and sisters, adoptive brothers and sisters, and step-brothers and sisters who have a relationship of support.

The heirs in the second order have the right to inherit, and the transfer of inheritance applies to the death before the actual acceptance of the inheritance after the commencement of the inheritance, and the legal heirs of the heirs actually accept the inheritance to which they are entitled on their behalf, unless otherwise arranged in the will.

[Legal basis].Article 1123 of the Civil Code of the People's Republic of China.

After the commencement of inheritance, it shall be handled in accordance with the statutory inheritance; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

Article 1152.

After the commencement of the inheritance, if the heir dies before the division of the estate and does not renounce the inheritance, the inheritance that the heir should inherit shall be transferred to his heirs, unless otherwise arranged in the will.