House Inheritance Act 20, House Inheritance Law

The key to understanding this is to first figure out which part of the heritage is the inheritance.

Inheritance Law of the People's Republic of China.

Article 3 An inheritance is the lawful property left by a citizen when he or she dies.

In this case, your parents' estate is the house at that time, and you did not divide the estate at that time, it may be that you felt that there was no value and necessity at that time, or it could be some other reason, but in any case, your parents' estate no longer exists, and the house is gone, so you have no inheritance division (the old man has passed away when the flip is turned).

Land cannot be inherited as a means of production and subsistence.

Paragraph 2 of Article 10 of the Constitution of our country stipulates: "Land in rural areas and suburbs of cities shall be collectively owned, except as provided by law for the State; Homesteads, self-cultivated land, and self-cultivated mountains are also collectively owned. Article 8, paragraph 2, of the Land Administration Law also provides for the same in accordance with the spirit of the Constitution.

Accordingly, individual villagers do not have the ownership of the homestead, but only the right to use it. According to article 3 of the Inheritance Law, the inheritance that can be inherited is the personal legal property left by a citizen when he or she dies.

Therefore, I believe that from the perspective of various laws, the homestead cannot be inherited, that is, you cannot share the demolition money, unless your parents' old house has not been demolished, and the inheritance has not been divided, you can inherit the demolition money.

This question has to be analyzed in detail, whether the house is a house on collective land or a house on state-owned land, whether the house has a property right certificate, and whether there is a land use right certificate? Whose name is the real estate certificate and land use right certificate, are your parents still there when the flip is covered, and do they contribute capital? These questions are critical, and without figuring them out, it's hard to give you a clear answer.

1. If there is a will, inherit according to the will, and if there is no will, your parents' property will be inherited equally by 8 children. Where the obligation to support the second elder is more, more points may be given.

2. The seven sisters can negotiate with their younger brothers, and if the negotiation fails, they can file a lawsuit with the court to claim the inheritance of their parents.

It's all scores, just go to the notary office to handle it.

The inheritance of the house inheritance is as follows:

1. Testamentary succession:

The decedent makes a will before his death, appointing heirs to inherit his estate;

2. Bequest: The deceased made a will before his death, and donated the estate to the state, the collective, or anyone other than the legal heir;

3. Bequest and maintenance agreement

The decedent and the dependents enter into an agreement whereby the deceased bears the obligation of the deceased to support the deceased for life, death and burial, and all or part of the decedent's property is transferred to the dependents after his death. This method mainly occurs when the elderly have no one to support them;

4. Legal inheritance, that is, in the absence of the above three circumstances, the law determines the order of inheritance distribution according to the distance of kinship;

5. If there are more than 2 types of inheritance at the same time, among the 4 inheritance methods, the bequest and maintenance agreement has the highest effect, followed by testamentary succession and bequest, and the lowest effect is statutory inheritance.

Legal basisArticle 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 1124.

After the commencement of inheritance, if the heir renounces the inheritance, he shall make an expression of renunciation of the inheritance in writing before the estate is disposed of; If there is no indication, it shall be deemed to have accepted the inheritance.

The legatee shall, within 60 days after learning of the bequeathed gift, make an expression of acceptance or renunciation of the bequest; If it is not indicated at the expiration date, it shall be deemed to have waived the bequest.

Summary. Hello dear, I am happy to answer for you, according to your question, the result of your analysis from a legal point of view is as follows: provisions on the inheritance of the house:

If the other spouse of the deceased is still alive and the house is the joint property of the husband and wife, half of the house shall first be divided as the personal property of the surviving spouse.

Hello dear, I am happy to answer for you, according to your question, the result of the analysis for you from a legal point of view is as follows: Provisions on the inheritance of the house: If the other party of the deceased is still alive, and the house is buried in the joint property of the husband and wife, the house should first be divided into half as the personal property of the surviving spouse.

Analysis of the law of the collapse of the law: the remaining half is used as the inheritance, and if the deceased has 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. If there is no bequest or bequest agreement, it shall be jointly inherited by the spouse, parents and children in accordance with the statutory inheritance method.

Legal basis: Article 101 of the Civil Code, after the commencement of inheritance, it shall be handled in accordance with the law dong Liangding 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 1124:Where the heirs renounce the inheritance after the inheritance has begun, they shall make an expression of renunciation of the inheritance in writing before the estate is disposed of; If there is no indication, it shall be deemed to have accepted the inheritance.

The legatee shall, within 60 days after knowing that the legatee has received the bequest, make an expression of acceptance or renunciation of the bequest; If it is not indicated at the expiration date, it shall be deemed to have waived the bequest.

Legal analysis: new provisions on inheritance of inheritance and housing: 1. If there is a will, it shall be executed in accordance with the will; 2. If there is no will, inherit in accordance with the legal order

1) Spouse, children, and parents as the first-order heirs; (2) Siblings, grandparents, and maternal grandparents as second-order heirs. Inherited by the first-order heirs, not by the second-order heirs; If there is no first-order heir, 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 will be inherited by the first-order heir, and the second-order heir will not inherit it; 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 step-parents who have a relationship of support. The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

New rules for property inheritance

a) Inheritance must begin after the death of the decedent.

If the decedent does not die, the inheritance relationship will not occur, and only after the death of the decedent will the inheritance become a vested right. To realize the right of testamentary succession, there must be a legal will made by the decedent and the decedent has died, otherwise the testamentary succession relationship will not occur. If the parents are still alive, their children cannot inherit the real estate.

It is okay for parents to donate their property to their children if they wish, but this kind of behavior is called a gift during life, not an inheritance.

2) The person who inherits the estate must be the legal heir of the decedent, that is, the legal heir or testamentary heir.

The legal heirs determined by China's Civil Code are: spouses, children, parents, brothers and sisters, grandparents, and maternal grandparents.

3) The inheritance obtained by the heir in accordance with the law must be the lawful property owned by the deceased during his lifetime or other lawful property rights and interests that can be inherited in accordance with the law.

Inheritance of joint family property, joint property of husband and wife and partnership property without division shall not be carried out as inheritance. Property like this must be divided, and the part that belongs to the deceased personally is the inheritance. All illegally acquired property is not an inheritance and cannot be inherited.