How to inherit property and how to inherit property

One by one, the analysis will be shown to you.

When the mother dies, the inheritance will begin. Set aside half to the father, and the remaining half of the first-order heirs will start to inherit, and if there is a will, according to the will, and if there is not, according to the law and the law of money, everyone will divide it equally, and at the same time take proper care of those who have no ability to work and no income. Therefore, the father's division of the building is in accordance with the law.

The father marries a wife, and the marriage is legal, and if there is no agreement that the property belongs to each other, then the property is mixed and shared.

The father said that he would give all the money to his wife, which was an oral will, and it would only take effect if two unrelated people were present to prove it. The property is disposed of in a manner that complies with the law. But if he really falls ill and dies, because the children have the obligation to support, even if he says that he does not want the children to take care of him, the children still have to bear this obligation.

In other words, when he has no money to ask his children, the children still have to share in it.

It's a simple idea, if the father didn't raise his children, where would his children be today! In love with the law, it is justified!

It is permissible for the father to divide it in this way, and he has the right to dispose of his property. However, it is illegal to say that children are not allowed to fulfill the obligation of maintenance, although maintenance is a right for the father, but it is an obligation for the child, and this obligation cannot be cancelled, and the child cannot use this as a defence.

The division of the estate is in accordance with the law;

The father has the right to dispose of his own property, to give it to others or to make a will to designate an heir to the estate;

If you are sick or die, you don't have to take care of your children" is not supported by the law, and even if you sign an agreement, it is invalid, and the obligation to support and support your parents cannot be discharged by the agreement.

If there is an agreement, the father's method of dividing the property is correct, and the child should not be asked for money if he is seriously ill and hospitalized

If there is no agreement, you must support the elderly

It's hard to hide

(1) Order of inheritance:

The estate is inherited in the following order:

First-order heirs: spouse, children, parents.

Second order of heirs: siblings, grandparents, maternal grandparents.

Children referred to in the Inheritance Act include legitimate children, children born out of wedlock, adopted children and dependent stepchildren.

Parents under the Inheritance Act include biological parents, adoptive parents and dependent stepparents.

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

2) Allocation process:

1. Under normal circumstances, the inheritance is equally distributed among the heirs in the same order.

Article 13 of the Inheritance Law stipulates that when the legal heirs in the same order inherit the estate, under normal circumstances, the amount shall be divided equally according to the number of heirs.

2. Under special circumstances, the heirs in the same order may distribute the inheritance unequally, and these special circumstances refer to:

1) Heirs who have special difficulties in life and lack the ability to work shall be taken care of when distributing the inheritance, and may be divided more.

2) Heirs who have fulfilled the main obligation of support or support to the deceased or who live with the decedent may receive more dividends in the distribution of the estate.

3) If the heirs who have the ability and conditions to support do not fulfill their obligation to support, the inheritance shall be distributed without or less.

4) It may also be distributed unequally if it is agreed upon by the heirs through consultation.

Legal analysis: 1. First of all, half of the joint property of the husband and wife should be taken out to the spouse, and the rest will belong to his legal inheritance. For inheritance, the will is preferentially applied on the premise that there is a will, and only if there is no will, the inheritance will be carried out in accordance with the legal inheritance.

According to the legal inheritance, the spouse, the children, and the parents are the heirs in the first order, and they can negotiate to determine the share of the inheritance, and if they cannot negotiate, it will generally be distributed equally. In this case, it is generally the spouse and children who divide the estate equally as the most normal result. 2. The specific distribution of the field is also the same as above, but it should be noted that the rural land belongs to the collective land, and the premise for the heir to inherit the collective land is that he must be a member of the collective economic organization, in other words, if the heir's household registration has moved out and is not in the village, the land cannot be inherited.

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

Article 1123: After the commencement of inheritance, it shall be handled in accordance with the statutory succession; 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 1127 Inheritance shall be 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 inherit; 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 "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.

There are 3 steps to handle property inheritance. They are: 1. Inheritance notarization.

It is necessary to go to the notary office where the inherited property is located to go through the notarization procedures for the inheritance of the real estate; 2. Apply for tax exemption. In the event of the death of the owner of the property right of the house, the legal heir who has obtained the property right of the house in accordance with the law may apply for exemption from business tax and exemption from individual income tax; 3. Register and transfer disturbances. Go to the real estate right registration center to go through the registration and transfer procedures of the real estate inheritance wheel.

[Legal basis].Article 1122 of the Civil Code of the People's Republic of China An estate is the personal lawful property left behind by a natural person when he or she dies.

An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.

1 Look at whether there are any eligibility restrictions in the contract of **regular investment.

If the inheritance is inherited, the assignee of the succession must perform its obligations while acquiring the rights.

2 If there is no qualification restriction, you can directly inherit the AIP relationship without suspension.

3 If you are eligible for the restriction, you do not need to suspend the direct inheritance relationship that is satisfied.

If you do not meet the requirements of the fixed investment relationship, you will only inherit the share of the property.

It is fine not to divide the inheritance.

If there is an agreement in the contract, it shall be agreed, and if there is no agreement, it shall be handled in accordance with the provisions of the law.

Is the landlord asking "how to inherit the inheritance" or?

Inheritance, according to the landlord mentioned the formal channel should be to the local police station to obtain your father's death certificate, the unit (or village committee, neighborhood committee) before his death issued a certificate of the decedent, the heir, with the decedent's death certificate, heir certificate, your household register, ID card and other documents to the notary office for notarization, and then directly to the real estate transaction center with relevant materials to submit an application (including real estate ownership certificate).

As for the fees, the fee required for inheritance notarization is probably 2% of the appraised value of the real estate inherited by the heir or 2% of the amount of income, with a minimum of not less than 200 yuan. I don't know the cost of the transfer, it varies from place to place, so you can just ask about it.

If, as you mentioned, your father dies without leaving a will under the Inheritance Act, then a legal succession occurs. The first in line to inherit includes: your father's parents (if still alive), you and your siblings, and your mother.

In principle, if the estate is divided equally, you and your sister have the right to receive part of the inheritance, and your wife is not within the scope of legal inheritance and has no right to inherit.

Hope it helps.

Inheritance first depends on whether the deceased has a will during his lifetime, and if so, that takes precedence. Secondly, the children, parents and their spouses are the first heirs, so the landlord's wife has no inheritance rights. As for how to divide internally, it is generally equal, unless some people have special difficulties (such as disabilities or something), so that more points can be divided.

As for the landlord's mother who wants to sell the house and the landlord and your sister disagree, this has to be negotiated internally. Legally speaking, it should not be, because the house is not hers alone, and all three of them have a share. But there are some things that can't be said only from the law, as the landlord said, the mother threatens death, and the child can't do anything.

China's inheritance law stipulates that the first heir in line is the spouse, parents, and children, so your wife does not have the right to inherit, but according to the marriage law, the inheritance received during the existence of your husband and wife, in the case that your father has not made a will to express that it will not be distributed to the daughter-in-law, your inheritance should belong to the joint property of the husband and wife.

As for the property left by your father, first of all, your mother's behavior is not right** Only after being recognized by the **person (you and your sister) can the ** bear civil liability. For acts that have not been recognized, the perpetrator (your mother) bears civil liability The counterpart may pursue your mother's liability for breach of contract.

You and your sister have the right to inherit, and your wife has no right to inherit.

Your wife has no right to inherit. This contract is null and void.

Your wife has no right to inherit.