If the parents housing is public, does the married daughter have the right to inherit it?

Updated on society 2024-02-09
10 answers
  1. Anonymous users2024-02-05

    Of course there is a right to inheritance.

    Article 10 of the Inheritance Law The inheritance of the estate shall be 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.

    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 than one share of the inheritance when the inheritance is distributed.

    If an heir who has the ability and the capacity to support does not fulfill his obligation to support, the inheritance shall be distributed without or less.

    Where the heirs agree through consultation, it may also be unequal.

    However, Article 7 If the heir commits any of the following acts, he shall lose the right of inheritance:

    1) Intentionally killing the decedent;

    2) Killing other heirs for the purpose of competing for an inheritance;

    3) Abandoning the decedent, or abusing the decedent, where the circumstances are serious;

    4) Forging, altering, or destroying a will, where the circumstances are serious.

  2. Anonymous users2024-02-04

    Inheritance, refers to the inheritance of personal property, public housing is the property of the state, does not involve the issue of inheritance, of course, in practice how to distribute the lease of public housing, generally from the heirs of the distribution, but also consider the issue of residence and household registration, this is the scope of local laws and regulations, such as in Tianjin there are similar provisions, if possible can be entrusted to the local lawyer ** this matter.

  3. Anonymous users2024-02-03

    Since they are all public houses, they must not have the right to inherit, if they are private houses, they have both daughters, and this has nothing to do with the hukou, as long as they are biological.

  4. Anonymous users2024-02-02

    It depends on who owns your family's house, if it's not your parents, then you don't have the right to inherit. If the property is owned by your parents, then both of you have the right to inherit it.

  5. Anonymous users2024-02-01

    Yes, the main thing is to look at the property rights, if your parents own it, you have the right to inherit it, if it is public, you can't.

    It also depends on your parents' will, if the will does not have your share, there will be no one, because the will takes precedence You know, your parents are good to them when they are alive and there is no loss!

  6. Anonymous users2024-01-31

    This one deals with the law of inheritance.

    It has little to do with the hukou.

    The key is whether the parents have left a will.

    If there is no will, then the second daughter is also entitled to inheritance.

  7. Anonymous users2024-01-30

    1. Does a married daughter have the right to inherit her parents' property?

    1. Whether a married daughter has the right to inherit her parents' real estate needs to be decided on a case-by-case basis

    1) For married daughters, if the parents have a will and appoint an heir, the remaining relatives should divide the estate according to the will;

    2) If there is no will, the married daughter shall divide the house jointly as the heirs.

    2. Legal basis: Article 1154 of the Civil Code of the People's Republic of China.

    In any of the following circumstances, the relevant part of the estate shall be handled in accordance with the statutory inheritance:

    1) The testamentary heir renounces the inheritance or the legatee renounces the bequest;

    2) The testamentary heir loses the right to inherit or the legatee loses the right to be bequeathed;

    3) The testamentary heir or legatee dies or is terminated before the testator;

    4) the estate involved in the invalid part of the will;

    5) The estate that has not been disposed of by will.

    2. What are the materials that need to be submitted for the notarization of real estate inheritance rights?

    The materials that need to be submitted for the notarization of the inheritance of real estate are as follows:

    1. Death certificate of the decedent;

    2. The property right certificate or other vouchers of the house are required for the transfer of the real estate certificate;

    3. Household registration book or other documents that can prove the kinship between the deceased and the legal heir;

    4. The identity document of the heir is required to handle the transfer of the real estate certificate.

  8. Anonymous users2024-01-29

    The father's property is married and the daughter has the right to inherit, because the relationship between the parents and the children does not change due to the marriage relationship of the children, regardless of whether the children are married or not, they are the heirs of the parents in the first order, and enjoy the legal inheritance rights.

    [Legal basis].Article 1127 of the Civil Code of the People's Republic of China.

    The estate is inherited in the following order:

    1) 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 step-parents in a dependent relationship.

    The term "brothers and sisters" as used in this Part includes brothers and sisters of the same parents, brothers and sisters of the same father or mother, adoptive brothers and sisters, and step-brothers and sisters who have a dependent relationship.

  9. Anonymous users2024-01-28

    Legal Analysis: The father's property, the married daughter has the right to inherit. The law stipulates that the right of inheritance is equal between men and women. In the order of inheritance, the child is the first heir, so the daughter has the right to inherit the father's property.

    Legal basis: Civil Code of the People's Republic of China

    Article 1126:Men and women are equal in inheritance rights.

    Article 1127 Inheritance shall be inherited in the following order:

    1) The first order of distraction: 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 to inherit, the second-order successor shall inherit it.

  10. Anonymous users2024-01-27

    Children do not have the express right to inherit public housing owned by their parents. There are two types of public housing: those directly allocated by the unit and those provided by the unit.

    The former parents own the property rights of the house, which belongs to the personal property of the parents during their lifetime, and the children can inherit it; The latter parents only have the right to use it during the term of office, and the children cannot inherit it. According to Article 1122 of the Civil Code of the People's Republic of China, an estate is the legal property left by an individual after his death.

    [Legal basis].Article 1122 of the Civil Code of the People's Republic of China.

    An estate is a personal legal property left behind by a natural person upon his or her death. An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.

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