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Then this should go through the transfer procedures, look at this house, is there a note? If there is no will, who should inherit it? To go through the transfer procedures, you can go to the housing authority to consult, see what documents you need to get, and what procedures you need to go through.
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It is possible to transfer the inheritance to the name of the child, but in this case, the inheritance tax is payable. In principle, it has nothing to do with your mother, but if the names of two people are written on the transferred property, your mother can have a share.
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That's right. It will be like this if you don't send it. It's just a bit of a hassle. Need to prove that grandpa is your grandpa. Of course, it is also necessary to have a spouse in the inheritance law (the spouse is the first heir. And then your father. In the end, I can get to your grandson. Can't cross the line).
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Hello! This child has the right to inherit and can inherit the house according to the law, and your mother and your father are legally husband and wife, so your mother also has the right to inherit, which is the joint property of the husband and wife.
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Your grandpa's house should be inherited by your grandma and your grandpa's children!!
If your grandmother is no longer alive and your father has no siblings, your father can inherit it alone. If there are siblings, they should divide them equally and inherit a portion of each.
The portion of the property that belongs to your father will be inherited by your mother when your father dies, and the other half will be inherited equally by your mother and your siblings. While your father is still alive, he can give a portion of the property to your mother, so that your mother will have some ownership of the house.
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Hello, this house is still in your grandfather's name, and if it is changed to your father's name now, your mother should not have a share.
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Isn't this a marital property?
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It's certainly motherless. This requires inheritance before gifting or selling.
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Grandpa has been dead for many years, then the old house is grandpa's name, then this house is the inheritance belonging to grandpa, if grandpa did not make a will, indicating to whom this house is given, then grandpa's children have the right to distribute.
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Whether it is the joint property of the husband and wife, consult a professional.
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Grandpa did not transfer the house before he died, and he could only accept it as an inheritance in the future.
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Legal order of succession: spouse, children, ......Because it's your grandfather's, your mother doesn't have the right to inherit.
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According to inheritance law, the first heirs in the death of parents are the children and the other half.
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Both your parents have inheritance rights, and so do your uncle and aunt.
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Your mother also has a share in this, and has the right to inherit.
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Legal analysis: If the house is in the name of the grandfather and the grandfather has passed away, the heir can unilaterally apply to the real estate registration agency for change of registration with the death certificate of the decedent, the certificate of kinship with the decedent, the certificate of real estate ownership and other materials.
Legal basis: Article 14 of the Interim Regulations on the Registration of Immovable Property Article 14 Where an application for registration of immovable property is made for sale, creation of mortgages, etc., both parties shall jointly apply for it. In any of the following circumstances, the parties may apply unilaterally:
1) The immovable property that has not yet been registered is applied for registration for the first time; (2) Inheriting or accepting a bequest to acquire immovable property rights; (3) The establishment, modification, transfer, or extinction of immovable property rights in effective legal documents of the people's courts or arbitration commissions, or effective decisions of the people's courts; (4) The name or title of the right holder or the natural condition changes, and the application for modification of registration is made; (5) The immovable property is lost or the right holder gives up the right to the immovable property and applies for cancellation of registration; (6) An application for correction of registration or registration of objections; (7) Other circumstances where laws or administrative regulations provide that a unilateral application may be made by the parties.
Article 16 The applicant shall submit the following materials and be responsible for the authenticity of the application materials: (1) the application for registration; (2) The identity materials of the applicant and the ** person, and the power of attorney; (3) Relevant real estate ownership certificates, registration reason certificates, and real estate ownership certificates; (4) Materials such as the site, spatial boundaries, and area of immovable property; (5) Explanatory materials on the interests of others; (6) Other materials provided for by laws, administrative regulations, and detailed rules for the implementation of these Regulations. The immovable property registration authority shall disclose the information such as the catalogue of materials and model texts required for application for registration in the office space and on the portal.
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Legal Analysis: The property of the deceased grandfather is inherited by the grandson, and the inheritance of the granddaughter can be obtained by subrogation. Subrogation means that in legal inheritance, the decedent's children die before the decedent, and the immediate relatives of the decedent's children are subrogated.
A person who inherits by subrogation can generally only inherit his share of the estate to which his father or mother is entitled.
Legal basis: Article 1127 of the Civil Code of the People's Republic of China The inheritance of 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. Article 1128:Where the children of the decedent die before the decedent, the blood relatives of the children of the decedent are to inherit by subrogation. If the decedent's siblings die before the decedent, the children of the decedent's siblings shall inherit by subrogation.
Subrogated heirs can generally only inherit the share of the estate to which the subrogated heir is entitled.
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Legal analysis: 1. First of all, the house should be the joint property of your grandparents, so your grandmother enjoys half of the rights, and the other half is obtained through inheritance. Article 10 of the Inheritance Law shall be inherited in the following order:
First order: spouse, children, parents. Second order:
Siblings, grandparents, maternal grandparents.
So the normal distribution of the house is like this, let's say the house is divided into 14 parts, your grandmother takes 7 shares for the common property, and then divides the remaining 7 shares by your grandmother and her children (7 7), and finally your grandmother has 8 shares of the house, and the children have 1 share each.
Legal basis: Inheritance Law of the People's Republic of China
Article 23 After the commencement of inheritance, the heirs who know that the decedent has died shall promptly notify the other heirs and the executor. Where none of the heirs knows of the decedent's death or is unable to notify the decedent's death, the residents' committee or villagers' committee of the decedent's unit or domicile is responsible for notifying them.
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Grandpa died, grandma is still there, half of the house belongs to grandma, and the other half belongs to the heirs.
The house is supposed to be the joint property of your grandparents, so your grandmother has half of the rights to it, and the other half is acquired by inheritance. Our inheritance law.
Article 10 stipulates that the inheritance shall be in the following order: first order: spouse, children, parents. Second order: siblings, grandparents, maternal grandparents.
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Legal Analysis: The estate is inherited in the following order: First order:
spouse, children, parents; The second order of macro shouting: siblings, grandparents, maternal grandparents.
After the inheritance begins, the first in order of heir inherits, and the second in order of succession does not inherit. If there is no first-order heir, the second-order heir shall inherit. The term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren.
The term "parents" includes biological parents, adoptive parents, and dependent stepparents. The term "siblings" includes siblings of the same parents, half-siblings, adoptive siblings, and dependent step-siblings. Where a widowed daughter-in-law has fulfilled the primary obligation of support to her father-in-law or mother-in-law, or a widowed son-in-law to her father-in-law or mother-in-law, she is to be the first-order heir.
The share of inheritance inherited by heirs in the same order shall generally be equal.
Legal basis: "Detailed Rules for the Implementation of the Provisional Regulations on the Registration of Immovable Property" Article 14 Where a party applies for registration of immovable property acquired by inheritance or bequest, it shall submit death certificates, wills or agreements on the distribution of immovable property by all legal heirs, as well as kinship materials with the decedent, etc., and may also submit notarized materials or effective legal documents.
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