Inheritance, Rural Fields Uncle and Nephew Disputes Inheritance issues, mainly rural fields.

The parties may file a civil lawsuit to protect their rights and request the court to order the other party to bear the corresponding liability for payment.

1. When a party initiates a lawsuit, it shall first submit a statement of indictment and submit a corresponding number of copies according to the number of opposing parties. If the parties are citizens, the names, genders, ages, places of origin, and addresses of both parties shall be indicated; If the party is a unit, the name and address of the unit, and the name of the legal representative or responsible person shall be clearly indicated. The body of the indictment shall clearly state the matters requested, the facts and reasons for the indictment, and the end must be signed or affixed with an official seal.

2. Basis"Whoever asserts is the one who gives evidence"In principle, the plaintiff shall submit the following materials to the court:

1. Materials on the plaintiff's subject qualifications. Such as the original and photocopy of resident ID card, household registration booklet, passport, home return permit for Hong Kong and Macao compatriots, marriage certificate and other evidence; If the enterprise unit is the plaintiff, it shall submit copies of the business license, business registration certificate and other materials.

2. Evidence to prove the plaintiff's claim. Such as contracts, agreements, creditor's rights documents (IOUs, IOUs, etc.), receipts and delivery vouchers, correspondence, etc.

3. When a party submits documentary evidence to the court, it shall fill out a list of evidence in duplicate, listing in detail the name and number of pages of the evidence submitted. After the evidence has been verified by the court's undertaker, the undertaker is to sign and seal the evidence list, and one copy is to be handed over to the parties and one is to be recorded.

IV. Within 7 days after the parties have completed the necessary formalities and submitted all relevant evidentiary materials, the case filing division shall handle the case filing formalities for those who meet the requirements for case filing; Where the requirements for filing a case are not met, a ruling is made in accordance with law not to accept it.

5. The parties shall pay the case acceptance fee and other litigation fees in advance within 7 days from the date of receipt of the notice of acceptance, and if there are real difficulties, they may submit a written application to this court for reduction, deferment or exemption within the prepayment period.

6. After the case filing formalities, the case shall be scheduled by the court**, and the parties shall obey the various work arrangements of the court, and settle the litigation costs in the financial office after the case is concluded, and refund the excess and make up for the deficiency.

First of all, you can negotiate with the other party, and if the negotiation cannot be reached, you can go through legal proceedings and other processes or methods to protect your rights.

1. According to the law, rural land is not an inheritance, and its ownership belongs to the rural collective economic organization, and citizens can make a will to dispose of personal property in accordance with the law

2. The testator must have the capacity to act when making a will, that is, adults should be conscious and able to express their wishes correctly when making a will.

3. The testator's will can only dispose of his own personal property, if the testator disposes of the property belonging to the state, the collective or others by will, this part of the will shall be deemed invalid.

4. The will should reserve the necessary share of the inheritance for the heirs who lack the ability to work and have no livelihood.

2. What is the scope of the estate?

1) the legal income of citizens;

2) Citizens' houses, savings and daily necessities;

3) citizens' forests, livestock, and poultry;

4) Citizens' cultural relics and library materials;

5) the means of production that the law allows citizens to own;

6) Property rights in citizens' copyrights and patent rights;

7) the lawful property of citizens;

3. What should be paid attention to when making a will?

1. The testator may make an oral will in critical circumstances. An oral will should be witnessed in the presence of more than two witnesses. After the critical situation is resolved, if the testator is able to make a will in written or recorded form, the oral will made is invalid.

2. Incapacitated persons, persons with limited capacity, heirs, legatees, and persons who have an interest in the heirs and testators cannot be witnesses of the will.

3. The content of the will to deprive the heirs who lack the ability to work and have no livelihood is invalid.

4. If there are several wills, and the contents are conflicting, the last will is valid.

5. Self-written, scrivener, recorded and oral wills shall not be revoked or changed notarized wills.

6. The will made by the incapacitated person or the person with limited capacity is invalid.

7. A will made by coercion or deception is invalid.

8. A forged will is invalid.

9. If the will is tampered with, the tampered content is invalid.

Houses in the countryside can be inherited, but land and homesteads cannot be inherited:

1. The current legislation allows the right to use rural homesteads to be inherited along with the inheritance of houses;

2. The inheritance of houses on farmers' homesteads can be divided into the following situations:

1) If the heir is a member of the collective economic organization and meets the conditions for applying for homestead, he or she can obtain the homestead of the inherited house after approval;

2) If the application conditions are not met, the house can be sold to other villages that meet the application conditions, if they are unwilling to sell, the house shall not be renovated, reconstructed, expanded, and the homestead shall be recovered by the collective economic organization when it is in an uninhabitable state;

3) If the heir is an urban resident, it shall be handled according to the above-mentioned circumstances that do not meet the conditions for homestead application.

1. The transfer of the right to use the homestead must meet the following conditions at the same time:

1) The transferor owns more than two rural houses (including homesteads);

2) transfer of members within the same collective economic organization;

3) The transferee does not have housing and homestead, and meets the conditions for the allocation of homestead use rights;

4) The transfer is subject to the consent of the collective organization;

5) The right to use the homestead shall not be transferred separately, and the land shall be transferred together with the house.

2. The right to use the homestead shall not be transferred separately, and the following transfers shall be deemed invalid:

1) Purchase by urban residents;

2) Purchase by legal person or other organization;

3) the transferor has not been approved by the collective organization;

4) transfer to a person other than a member of the collective organization;

5) The transferee already has a house and does not meet the conditions for homestead allocation.

This question may seem complicated, but it's not simple:

1. According to the folk customs of the country, your mother's first boy takes the surname of his adoptive father, so he has the main qualification to inherit the inheritance of his adoptive grandfather;

2. If your hukou is still in this village, then you have the right to live here, and you can ask the village committee to issue a certificate to prove your inheritance rights to this homestead;

3. According to the order of inheritance, your parents' property is divided equally between your brother and you; After your father's death, your brother's responsibility to support your adoptive parents is done, and your mother takes you with you to remarry elsewhere, so your adoptive parents' property should be inherited by your brother.

4. If the house of the year exists now, then you have 50% of the inheritance right of the house; If it has been damaged or lost, the new house has nothing to do with you.

5. If you claim rights, you need to use the elders in the village to coordinate, and if the coordination fails, you will resort to law. However, the probability of winning the case is unlikely.

It mainly depends on whose name is the real estate certificate of the current house, and whose name is it at the beginning, if it was your father or mother's since there is a will, of course you have a share, but the house is rebuilt, I don't know if the real estate certificate has been changed, if you change the name, you have to take out the original real estate certificate and will.

The house has been rebuilt, the title deed is in your eldest brother's name, and you may not have much to share. But in the case of a lawsuit, your previous will will will be of some use, and if your mother is still around, it will help you even more.

Hello. The question you asked was seen by a lot of people yesterday and no.

Problem 1: You don't have a share of the house.

Question 2 To fight a lawsuit, first determine whether the house is your brother's, and the answer is yes. You don't care so much, after the house is washed away, it is equivalent to being gone. The name of the person who built it himself is also the name of the person who wrote it.

So make sure the property is owned by your brother. Then there is the right of inheritance, his daughter is the first in line of succession, and you have no right of inheritance.

My answer may be very different from what you think, but that's the reality. Don't think about that house anymore, it's simply not legally possible that you can get it.

The past is gone, live well. I wish you all the best.

The house doesn't have your share. The rebuilding of the house is not built from the original house, the reconstruction belongs to the original acquisition, and the name of the property right of the house is also your brother's name, so there is no share of yours. However, because the previous house has half of yours, you can only claim compensation for half of the market price of the old house.

Catalogue of evidence: proof of the property of the old house, the market value of the house after being washed away by water, the will. These three proofs are the main ones!

1.Yes, half.

2.The original will.

This is a personal opinion only, and if you go through legal proceedings, I hope you consult a lawyer.

The matter is more complicated, and it is advisable to consult a lawyer in person.

Changed it, I picked it up, and I got upstairs, and I listened to it.

There are two ways: testamentary succession and sequential succession.

Testamentary succession: In inheritance, if the decedent has made a will to designate his personal property to be inherited by one or more of the legal heirs, or has expressly donated his personal property to a person other than the state, the collective or the legal heirs, the will shall be executed in accordance with the will.

The so-called sequential inheritance means that there are first heirs and second heirs to inherit property. The first order is the first heir: spouse, children, parents.

The widowed daughter-in-law and widowed son-in-law who have fulfilled the main obligation of support to their in-laws or parents-in-law shall be the successors of the sedan chair in the first order. 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.

Children who do not have the obligation to support the deceased do not have the right to inherit.

Disputes over farmland in rural areas should not involve inheritance disputes.

Because farmland in rural areas is collectively owned, peasants who go through land contract formalities in accordance with the law only enjoy the right to use the land. Land is not an inheritance and cannot be inherited in itself, but the income from contracted land can be inherited.

If the original contractor dies, it is possible to negotiate with the village whether the contractor of the cultivated land can continue to contract with the family members.

You're in trouble with this. First of all, you must know that the rural land is collective, and the land involved belongs to which villager group; Secondly, you rank the personnel relations involved in the case and see who the land involved in the case is related to; Third, it is also necessary to find out the situation of land circulation and who is contracting the land now. Namely:

Only by clarifying the three questions of which group the land belongs to, which group of people belong to, and what is the relationship between people and the land. Mainly find local grassroots organizations such as village committees and township departments to solve. Legal channels are not easy to solve.

Your grandparents are infringing on the law, the farmland belongs to your mother and daughter and is protected by law, mainly because your grandparents have selfish intentions, and the problem is now handled and avoided in the township and village according to the original folk customs and village customs, you should go to the township to find the township chief in charge of agriculture, and he will preside over justice

As Ann said, most of the success is halfway.

Land does not belong to inheritance, and from the perspective of the nature of the land, residents only enjoy the right to use the land, and their land ownership is still collectively owned, and the land use right of the residents themselves and their relatives living with them will naturally be extinguished after death.

As long as the contracted family still has peasant households, the contracted land will not be taken back during the contract period, and if the contracted households have no peasant households, the land will be recovered by the village collective. Non-rural households cannot inherit land use rights, but they are entitled to compensation if they invest in contracted land to increase land production capacity. Article 26 of the Rural Land Contract Management Law provides that during the contract period, the contract issuing party shall not take back the contracted land.

During the contract period, if the contractor's family moves to a city divided into districts and becomes a non-agricultural household registration, the contracted cultivated land and grassland shall be returned to the contractor. If the contracting party does not return it, the contract-issuing party may take back the contracted cultivated land and grassland. During the contract period, when the contracting party returns the contracted land or the contract-issuing party takes back the contracted land in accordance with law, the contracting party shall have the right to receive corresponding compensation for the increase in the production capacity of the land invested in the contracted land.

1. Under what circumstances can a land contract be terminated?

Circumstances under which a land contract may be terminated:

1. The contracting party voluntarily gives up the contracted land upon consultation and agreement of the contract-issuing party and the contracting party, on the premise of not harming the interests of the state, the collective, or a third party.

2. When the contract is signed by the employer and the contractor, the conditions for terminating the contract agreed by both parties have matured.

3. All family members of the contractor have changed their agricultural household registration to non-agricultural household registration, or all of them have migrated and settled in other places.

4. The contractor loses the ability to work and is unable to continue cultivating the land, and voluntarily gives up the right to contract the land.

5. Due to the needs of national construction, all the land contracted by the contractor has been requisitioned or approved to be occupied in accordance with law.

6. Due to irresistible reasons such as floods and natural disasters, all the contracted land is seriously damaged, and the contract is broken and cannot be performed.

7. During the contract period, if the contractor violates the laws, regulations and the provisions of the contract by idling the contracted farmland for more than 2 years, the contract issuing party shall terminate the contract and take back the contracted farmland.

8. If the contractor dies during the contract period and there is no heir in the first order to inherit the contract, the land contract may be terminated.

2. Must the land converted from agriculture to non-land be recovered?

It is not necessary to reclaim the land converted from agriculture to non-land. The conversion of agriculture into non-agricultural land means changing the nature of agricultural land and transforming it into non-agricultural land. According to the relevant laws and regulations, the contract issuing party shall not take back the contracted land during the contract period.

During the contract period, if the contracting party's entire family moves into a small town and settles down, it shall, in accordance with the wishes of the contracting party, retain its land contracting and management rights, or allow it to carry out the transfer of land contracting and management rights in accordance with law. After the contract takes effect, the contract-issuing party shall not be changed or terminated due to the change of the undertaker or the person in charge, nor shall it be changed or terminated due to the radical division or merger of the collective economic organization.