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1. Regarding the ownership of real estate, you can go to the village or county, or the real estate trading center to check. If the title deed is still in your grandfather's name, then you can claim the inheritance. You and your brother are one and a half.
2.The real estate deed is your brother's name is relatively large. If the title deed is changed to your brother's name and his change is legal, then you can't get it back.
Now, after 20 years, the general statute of limitations is only 2 years, and it is unlikely that it will come back. You should either reissue the title deed as soon as possible or sue your brother for the matter. If you don't actively exercise your rights, then this time it's a lesson.
3。But the homestead is a homestead, not equal to the property, about the ownership of the homestead, you can go to the township or village to check. If your brother is a city hukou, the homestead will not have his share.
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It should belong to you, you are supporting the elderly at home, and your brother is not, which should be jointly owned by the law, but should be owned by you personally. Your brother took it, so he didn't talk to you about his feelings, so you should see you in court, or you built the house on the homestead first.
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Your brothers have the right to inherit, your brother can't change the name of the house alone, the inheritance is to be signed by all family members, if you go to court, you should take more, because your brother has not fulfilled the obligation to support the elderly.
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You and your brother are one and a half.
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Of course, they have the right to inherit, but the brothers can't negotiate, so they can only sue.
Inheritance Law of the People's Republic of China.
Chapter II Statutory Inheritance.
Article 9: Men and women are equal in inheritance rights.
Article 10 The inheritance shall be carried out 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 11: Where the children of the decedent die before the decedent, the descendants of the decedent's children are to inherit by subrogation. A subrogated heir can generally only inherit his father's or mother's share of the estate.
Article 12: Where a widowed daughter-in-law has fulfilled the primary obligation to support 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.
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.
Article 14 Appropriate inheritance may be distributed to persons other than heirs who lack the ability to work and have no livelihood who rely on the support of the decedent, or who do not support the deceased more than the heirs.
Article 15 The heirs shall, in the spirit of mutual understanding, mutual accommodation, harmony and unity, negotiate and handle the issue of inheritance. The time, method and share of the division of the estate shall be determined by the heirs through consultation. If the negotiation fails, the people's mediation committee may mediate or file a lawsuit in the people's court.
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There should be, negotiate, if it doesn't work, just sue.
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If neither of the two elders made a will, the house was inherited by the three brothers and was jointly owned. It doesn't matter what you agreed on before you said it, whether you agreed to it or not, or what you said.
According to Article 10 of the Inheritance Law, in the absence of testamentary succession, inheritance shall be carried out according to law. The children are the first in line of succession, so the three brothers each have one-third.
There is no statute of limitations, and if the brothers fail to negotiate, they will go to court to sue and ask for a division of the family.
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Or an inheritance, go legal inheritance.
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If there is no written will, notarized will, etc., it is the legal inheritance of the three brothers (if there are sisters who also have the right to inherit - the first in order)! The second wife has no right to dispose of it! If the second child insists on what he owns, then he can only resort to the law, go to the court to sue, and ask the court to enforce the judgment!
Request property preservation when filing a lawsuit!
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