Rural house inheritance problem, please help analyze it, thank you!

It's a bit complicated indeed.

1. After the death of Yuan Rongfang and his wife, the three houses were jointly inherited by Liu Gonglin, Liu Gonghua, and Liu Gongying.

2. Liu Gonglin and his wife were in a de facto marriage in 1969, but Liu Gonglin did not die until 1998, and there was no will, and the de facto marriage was inherited.

Recognize. It was no longer recognized after February 1, 1994, so it was believed that Xia Xiuzhen had no right to inherit Liu Gonglin's property.

3. In 1969, whether the death of the Yuan couple preceded the de facto marriage time of Liu Gonglin and his wife directly affected Liu Gonglin's inheritance share.

The personal property was still the joint property of the husband and wife (at that time, the de facto marriage was recognized).

Fourth, whether Liu Gonghua formed a support relationship with the Gu brothers before his death, the text does not state, if so, the Gu brothers can inherit their stepfather Liu Gonghua.

of the legacy. Liu Gonghua's share of the house inherited belongs to the joint property of his husband and wife, that is, when inheriting, half of it will be given to Zhu Guiying first, and the rest will be divided.

The share was then inherited by Zhu Guiying and the Gu brothers.

5. The inheritance of all houses by Liu Gongying is consistent with that of Liu Gonghua.

Sixth, it can be launched, and the three houses Zhu Guiying, the Gu brothers, Ji Shun'an, and Zhu Zhenyun all have shares. Whether Xia Xiuzhen really has no share, she is shallow and does not dare to judge.

7. The cost of repairing the house by Zhu Zhenying can be shared by other co-owners, and the house built by Zhu Zhenying does not violate the relevant laws.

In terms of laws and regulations, they belong to Chu Chun-ying.

8. Zhu Zhenying's support of Liu Gonglin is not a reason for him to divide the inheritance or claim the ownership of the house.

Ninth, what Zhu Zhenying can do is to collect evidence that can prove the above relationship, confirm the ownership of the ownership by way of litigation, and add other parties with inheritance rights as litigation participants.

I've analyzed your case many times, and the key is that the statute of limitations has passed. The owners of the house [Mr. and Mrs. Yuan Rongfang] died as early as 1969.

The heirs of this estate should be 3 Liu Gonglin, Liu Gonghua and Liu Gongying. The reason for this is that the inheritance dispute should be litigated within 2 years, and no one has claimed the distribution of the estate for more than 20 years, so the court will not accept it. The reason why the court did not accept the case was that it was considered that if you did not claim for 20 years, it would be deemed that you had waived your claim.

Hello, I am a cooperative lawyer of Baitai Degree, and I am happy to serve you.

Article 49 of the Several Provisions of the State Land Administration on Determining Land Ownership and Use Rights stipulates that the right to use land for collective land construction may be determined for homestead land acquired by inheriting houses. It can be seen from this that the ownership of the homestead cannot be inherited, but the right to use the homestead can be inherited.

Inheritance conditions: 1. According to Article 1127 of the Civil Code of the People's Republic of China, the inheritance of the estate shall be in the following order: first order:

Spouse, children, father's mother, second order: siblings, grandparents, maternal grandparents 2, heirs must be members of the village collective specific procedures: heirs with their ID cards, original homestead use certificates, relevant property rights certificates to the local land department to apply, after investigation and verification, the land management department will issue a new collective land use certificate for the heirs.

As for whether the house can be renovated after inheritance, it depends on the housing construction plan formulated by the local village and town. When the heir builds a house, he must first apply to the local village and town land management department, and only after meeting the requirements for building a house can he start construction in accordance with the law. Big loss.

Hello, my husband passed away unexpectedly, my husband and I are married for the second time, and the house in the village belongs to my husband.

This house, you have the right to inherit and live in.

If the ex-wife and son intervene, how to distribute this.

Now the house is occupied by my husband's father, and now he wants a copy of the real estate of the house, can he go through the transfer procedures if he has a copy of the real estate?

This house is your husband's inheritance, and it stands to reason that you are entitled to inherit half plus 25% share.

Your husband's father can still do it if he has a title deed and death certificate.

Can I apply for it without an original?

If you don't have the original, I'm afraid you can't apply directly.

The original death certificate is also with me, and the real estate certificate and land certificate are also with me, so I can't go through the transfer procedures.

Oh okay. Both the buyer and the seller need to provide relevant personal information, among which the information that the seller needs to submit includes: the original and photocopy of the husband and wife's body and body certificates, the original and photocopies of the marriage certificate or household registration booklet; The information to be submitted by the buyer includes:

Original and photocopy of ID card.

Inheritance of rural real estate: 1. Go to the police station where the decedent's household registration is located to cancel the household registration and apply for a death certificate; 2. Go to the district or city notary office to handle the notarization of inheritance rights; 3. Pay taxes and fees; 4. Registration procedures for the transfer of nanoparticle real estate. Legal basis:

Article 209 of the Civil Code The establishment, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law. Natural resources that belong to the state in accordance with the law may not be registered. Article 210 The registration of immovable property shall be handled by the registration authority where the immovable property is located.

The State implements a unified registration system for immovable property. The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.

Legal basis:Article 209 of the Civil Code of the People's Republic of China The establishment, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.

The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Article 210 of the Civil Code of the People's Republic of China [Immovable Property Registration Agencies and Unified Registration of Immovable Property] The registration of immovable property shall be handled by the registration authority where the immovable property is located. The State implements a unified registration system for immovable property. The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.

Rural houses can be inherited.

Article 3 of the Inheritance Law Inheritance is the personal legal property left behind by a citizen when he or she dies, including:

the income of citizens;

Citizens' houses, savings and household goods;

citizens' forests, livestock, and poultry;

citizens' cultural relics, library materials;

The law allows citizens to own the means of production;

property rights in citizens' copyrights and patent rights;

Other legal property of citizens.

Rural houses are the private property of peasants, inherited by will or by law. The homestead land is owned by the peasant collective and cannot be inherited as an inheritance, but can be continued to be used by the heirs.

The question of inheritance of rural houses. According to Articles 5 and 10 of the Inheritance Law, if there is a will, it shall be inherited or bequeathed according to the will, and if there is no will, it shall be inherited by the spouse, children and parents.

If there is no first-order heir, it will be inherited by siblings, grandparents, and maternal grandparents.

On the issue of the use of homesteads. According to Article 8 of the Land Management Law, "Homesteads, self-reserved land and self-cultivated mountains belong to the collective ownership of farmers.

Rural villagers can only own one homestead per household, and the area of their homestead must not exceed the standards set by provinces, autonomous regions, and municipalities directly under the Central Government. Rural villagers who sell or rent their houses and then apply for homestead land are not to be approved. Because the homestead is not the private property of the peasants, it cannot be inherited.

According to the Several Opinions on the Registration and Issuance of Certificates for the Confirmation of Rural Collective Land Ownership, if the heir of a rural house is not a member of the farmer's collective, the registration authority shall note in the memo column of the Collective Land Use Certificate that "the right holder is the legal heir of the residence of the original member of the farmer's collective".

1. The ownership of the house on the land shall be inherited by you.

2. Since the land to which the house is attached and the right to use the land are collectively owned, the relevant rights of the land are enjoyed by the collective and the members of the collective organization. Therefore, arable land must have been recovered by the collective.

3. If the house can exist permanently, then the house can be inherited indefinitely, indefinitely.

The law clearly stipulates that the homestead belongs to the villagers of the village, and if you have become an urban hukou, you should not have a homestead. Now that it has become an urban hukou, there is no guarantee, and the state does not care, and the homestead must be returned in principle. If it is a rural hukou, the state attaches more importance to it and enjoys a lot of protection, so try not to turn it around, according to the current hukou reform, there may be changes in the future.

can inherit, but can only inherit the property on the homestead, but not the homestead; According to the laws of our country, homestead land can only be transferred between members of the same collective economic organization, and your household registration has moved out and no longer belongs to the village collective, so you cannot inherit the homestead.

According to the relevant laws and regulations of our country, homestead land is owned by the collective, and non-collective members cannot enjoy it. Therefore, the other parts of the house except the homestead can be inherited as an inheritance, but what you inherit is not the land, but the house on the ground, bricks, tiles, wood, etc., and these above-ground properties can be inherited indefinitely. In fact, the most important thing is to have a good relationship with the locals, and it is not impossible to live for a long time.

First, there is no essential difference between rural house inheritance and other inheritance, all of which are subject to the will of the parties, if there is no will, they will inherit according to the legal inheritance order, and they all have the right to inherit the house (the part of the above-ground buildings, the rural homestead, itself cannot be inherited, but generally your family has built a house on it, and others will not fight for the right to use the land, which is equivalent to being passed down from generation to generation), and the house inheritance is transferred, Generally, it is necessary to go through the notarization of inheritance: (all heirs in the same order must be present).

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).

Homesteads cannot be inherited, can children with urban hukou inherit rural houses? What to do with the property.

The gift contract is also invalid, they have not obtained the property rights, and they have no right to dispose of the property unless the grandfather and his children inherit it first, and then give it to you.

The scrivener will must be signed by two disinterested witnesses to effectively go to the notary office to handle the notarization of real estate inheritance, not the notarization of the will, because the grandmother has passed away, and the will can no longer be notarized.

The property was built by the grandparents after their marriage, and the grandmother's will can only dispose of half of the property, and the other half belongs to the grandfather's property.

When you do a property inheritance notary, you also need to be present with your grandfather, your father and his siblings, who have declared in writing that they are renunciating the inheritance.

Half of the grandfather's property can be notarized as a gift.

You take two notarial deeds and then go through the transfer procedures.

You can use the will to apply for notarization of the will with all the legal heirs of your grandmother at the notary office.

Specific issues can be resolved through litigation. The notarization requires the consent of all heirs and is expensive, and a formal lawsuit is conducted, and the transfer can be made to the real estate department after obtaining the judgment. If necessary, you can click on my name ** to contact.

It is possible to let other heirs directly renounce the inheritance without a testamentary succession.

It is enough to let the other legal heirs renounce the inheritance rights.

The gift contract must also be notarized. It is best to do what lawyer Zhang Ming said.

Whether there is a notary public present in the signed will, you can also find the relevant local ministries to coordinate and verify.

Can rural homesteads and houses be inherited?

1. The homestead that the elders gave to the boss at the beginning:

1) If it is given by both elders when they are alive, it should be regarded as a gift from the parents to the eldest. The donated homestead has been transferred to the name of the boss, which is the personal property of the old man (in fact, it is not a gift of homestead, but a gift of homestead property).

2) The homestead house donated by the eldest to his parents: it does not affect the eldest to inherit the other inheritances of his parents.

1) In whose name is the property in my hometown registered? Check the homestead use certificate to understand.

2) If the house is still registered in the name of the parents: the property in the hometown is the inheritance of the parents, and the eldest does have the right to inherit it with the other children and ask for an equal share.

3) If the house has been transferred to the name of other children: the property in the hometown belongs to other children, and the eldest can't share it if he wants to.

4) If the old man is still alive and the house is registered in the name of the old man: there is no inheritance involved.

If one of the old people dies, half of the property goes to the living old man, and the remaining half is inherited by the old man and other children, usually equally.

If both elders have passed away: the property is still in the name of the elderly, and it becomes an inheritance and is jointly inherited by the eldest and all the children.

3. "How to solve it?" If the negotiation fails, the lawsuit will be resolved by the court.