A question about the inheritance of real estate

The details are not provided clearly, so it is not possible to draw definitive conclusions at this time.

According to the relevant provisions of China's inheritance law, as the first-order heirs, the spouse, parents and children of the deceased enjoy equal property inheritance rights.

In the case of this property, for example, at the time of the father's death, the property is the joint property of the husband and wife, half of which can be distributed as an inheritance (the other half is the grandmother's personal property), which is divided equally between the mother and son. If the two sons did not make a specific request for division at that time, it could also be regarded as a waiver of rights, and the property was inherited by the mother alone. After the death of the mother, the property can be used as the mother's inheritance, which is divided equally between the two sons.

In this case, the ownership of the property was disputed due to the partial transfer of ownership of the property due to the demolition issue.

If the property right is purchased by the mother at the time of the housing reform, it should be regarded as the mother's personal property, and the practice of co-authoring the property with the grandson on the title deed should be regarded as an act of "gift", i.e., giving half of the property to the grandson. Therefore, half of the property should go to the grandson, while the other half can be inherited by the two sons as the mother's inheritance, each of whom will receive 1 4 of the property.

At the same time, the inheritance law also clearly stipulates that children who have fulfilled their obligations to the elderly but have not fulfilled their maintenance obligations may receive less or no share in the distribution of the estate, and if necessary, they may be deprived of the heir's inheritance right through judicial proceedings by virtue of relevant statutory evidence.

Therefore, in the former case, the eldest son has the right to demand an equal division of the estate; In the latter case, the eldest son will only get a maximum of 1 4 of the property. At the same time, if the eldest son fails to fulfill his maintenance obligations for a long time, the younger son can also rely on statutory evidence to properly resolve it through judicial channels.

Supplement: If there is only the name of the grandson on the title deed, it proves that the property is the personal property of the grandson, and as for the way in which the property was acquired, there should be corresponding evidence to prove it, such as a bequest or purchase. If the court finds that the property is the mother's inheritance, the eldest son is entitled to inherit it, and everything else remains unchanged. )

What is legal? Ignore him, it's not legal. According to the judicial procedure, the house belongs to the youngest son.

I have a question, why is there only the name of the little grandson on the title deed? Didn't you say before that there were two names, grandma and little grandson?

If there is only the name of the youngest grandson, then the house is his private property and inheritance does not apply.

Yes. However, it depends on the situation first, and it depends on whether the property in your mother's name belongs before or after marriage, and the shares are during the existence of the relationship with your father, so it belongs to the joint property of the husband and wife, and only half of the mother's property can be divided. If it is obtained by the mother before marriage, then it is personal property.

Inheritance begins on this property.

Inheritance is inherited by the heirs in the first order: children, spouse, parents (if the grandparents are still alive at that time). In principle, it is evenly distributed.

According to the above, the property has a daughter's share, and the daughter can claim her share of the property.

But when you say that the daughter has not fulfilled her obligation to support the elderly, which old man, her mother is still his father, if it is her mother, she may not be compensated, if it is her father, then she is still entitled to compensation, because what she inherits is her mother's part, not his father's part.

If the daughter wants to sue, then she has to sue her father, grandson, etc., and the family will hurt their feelings when they meet in court, and it is best to negotiate a settlement.

According to the provisions of the Inheritance Law, spouses, parents and children are the first in line of succession and have equal inheritance rights in principle.

If the house is the joint property of your grandparents, your grandparents will each have half of the share. When your grandfather dies, your grandmother owns half of the property, and the other half is inherited by your grandmother, your uncle, and your father.

Since your father is deceased, you can subrogate your father's share of the property. That is, your uncle has the right to inherit one-sixth of the property, you have the right to inherit one-sixth of the property, and the other four-sixths of the property should be owned or inherited by your grandmother.

You have the right to claim your grandmother's estate because you have a duty of support to your grandmother, and you can inherit five-sixths of the property if your grandmother bequeaths it to you, or if your grandfather renounces inheriting your grandmother's estate.

Regarding one-sixth of the property that your uncle can inherit, this is your uncle's right, and it is very difficult for you to get it.

If your father dies before your grandfather (which does not affect here), then when your grandfather dies, you can subrogate the property of 200,000 yuan, your uncle inherits 200,000 yuan, and your grandmother inherits 200,000 yuan, so that your grandmother enjoys 800,000 yuan of real estate, and you enjoy 200,000 yuan, that is, 1 million, because your grandfather does not have due obligations to your grandmother, so this million should belong to you;

If you want to claim the 200,000 yuan, you only need to prove that when your grandfather was alive, your uncle failed to fulfill his obligations as a child and constituted a de facto abandonment of your grandfather, then your uncle's inheritance right is lost, and this property is inherited by you and your grandmother!

First, the inheritance of the house inheritance, and other inheritances in principle is no different from other estates, but also if there is a will, the will shall prevail, there is no will, according to the statutory inheritance, the difference is that the transfer of the house inheritance, generally need to be notarized by inheritance:

Second, the inheritance of real estate requires a notarial deed issued by a notary office, as well as two certificates and two certificates

1. Go to the police station to issue a death certificate for the deceased.

2. The property right certificate or other certificate of the house;

3. Go to the deceased's unit (or neighborhood committee or village committee) to issue a legal heir certificate. The content mainly includes the names of the deceased's spouse, parents, children, and whether the deceased's parents have passed away.

4. If there is more than one legal heir, and the property is transferred to only one of them, the written consent of the other person is required to renounce the inheritance of the property.

5. The identity document of the heir.

3. After the inheritance begins, the inheritance should be distributed equally among the heirs in the same order, and generally cannot be divided more or less. If the parties to the inheritance have any objection to this, they can negotiate with the parties, and if the negotiation fails, they can ask a credible third party to mediate, and if the mediation fails, they can also file a lawsuit with the court (inheritance is not applicable to arbitration).

As for the property belongs to the joint property of your grandparents, after your grandfather dies, half of the property belongs to your grandmother, and the other half is divided equally between your grandmother, your uncle and you as an inheritance, so your uncle only gets a small part of the property, you can first ask your grandma to write a will, and leave all his estate to you, so that you can inherit most of the inheritance, and then you negotiate with the uncle to give him the corresponding price of the property, and he will sign an agreement to renounce the inheritance, so that you can go through the house transfer procedures. If your uncle asks for too high a price, you can go to the court to sue and have the court mediate.

According to the inheritance law, your uncle and your father will each have 50%.

If your father dies first, 50% of your father's share will be subrogated by your sisters.

In the inheritance, you can estimate the contribution of each heir, such as your maintenance payment, house maintenance estimate, your uncle's contribution to estimate, and grandma's posterity, including the budget for tomb repair, and then stack it. Ask the other party for compensation.

It is estimated that it is unlikely that you want to inherit the house completely.

Because although your uncle did not take care of your grandmother, he asked for a division of your grandfather's inheritance, which can be supported.

50% of your grandfather's estate is inherited by your grandmother, your grandfather, and your father (if your father dies after your grandfather).

1. Do I have inheritance rights as a grandson? I heard that since my dad died before my grandmother, I could inherit my dad's share as a subrogation. Is this true?

The right to inherit your father's share of the inheritance, the legal term: subrogation.

2. If I don't have the right to inherit, then I want to transfer the house to my aunt and me. What should it be? Is it my aunt who inherits it first and then gives me half of it?

You have the right to inherit, and the real estate is signed by you and your aunt, and you and your aunt are jointly owned, because of the indivisibility of the real estate, you and your aunt have to sign your and your aunt's names, as long as there is no other agreement on the real estate deed, you and your aunt will be one and a half.

3.When I consulted about the notarization procedures, I learned that we were asked to provide the death certificate of my grandmother's parents. Because the time is too early, it is likely that it was all before the founding of the People's Republic of China, and it is impossible to find it.

What should I do in this situation? Now the notary office said that the neighborhood committee could issue a certificate, but the neighborhood committee would not open it, and the two sides would argue. Does this certificate have to be opened?

What should I do if I really can't open it? (The other proofs are basically complete, and this one is stuck).

That's a bit of a problem! Find a referee first. It is the acquaintance of your father and your grandmother, the person who knew about their death, who issued a written certificate, and then went to the police station where they were registered at the time of their death.

In accordance with the statutory inheritance. The provisions of the Inheritance Law on statutory succession are as follows: Article 9 Equality of inheritance rights between men and women. Article 10 The inheritance shall be inherited 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 11: Where the children of the decedent die before the decedent, the descendants of the decedent's children shall inherit by subrogation. A subrogated heir can generally only inherit his father's or mother's share of the estate.

Article 12: Where a widowed daughter-in-law has fulfilled the main obligation of support to her father-in-law or mother-in-law, or a widowed son-in-law has fulfilled the main obligation of support, she shall be the heir in the first order. Article 13: The share of inheritance inherited by heirs in the same order shall generally be equal.

Heirs who lack the ability to work who have special difficulties in life shall be taken care of when distributing the inheritance. Heirs who have fulfilled the main obligation to support the decedent or who live with the decedent may receive more dividends when the estate is distributed.

If an heir who has the ability and the capacity to support does not fulfill the obligation to support him, he or she shall not divide or divide the inheritance less. Where the heirs agree through consultation, it may also be unequal.

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