Grandpa and Dad both passed away, so do I have the right to inherit Grandpa s property?

Updated on society 2024-03-25
33 answers
  1. Anonymous users2024-02-07

    There is a right of inheritance. Conveyancing can be done by inheritance:

    1. Required materials:

    1) To go through the procedures for the transfer of the real estate certificate, you must go to the police station where the decedent's household registration is located to cancel the household registration and apply for a death certificate

    2) To handle the transfer of real estate certificate to the district or city notary office (the original export of commercial housing to the city notary office) for inheritance notarization, real estate inheritance is divided into two kinds: one is testamentary inheritance, the other is statutory inheritance. The materials that need to be submitted are:

    1. Death certificate of the decedent:

    2. The property right certificate or other documents 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 decedent and the legal heirs

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

    Other materials to be submitted for notarization of inheritance rights with a will: the will made by the decedent (the will must be a notarized will, and other forms of wills are not allowed because their authenticity cannot be determined).

    3) To handle the registration of house transfer, the applicant is the heir or legatee.

    The applicant shall submit the following documents to the registration authority: Application for Real Estate Registration (Original), Certificate of Identity (Copy), Certificate of Real Estate Rights (Original), Notarized Certificate of Inheritance or Notarial Certificate of Will and Notarial Certificate of Acceptance of Bequest (Original) or Certificate of Deed Tax Payment (Original).

    4) Bequests are different from statutory succession and testamentary succession, and they need to pay taxes.

    2. Expenses required for transfer:

    1) Notary fee: 2% of the house price, 2) Appraisal fee: 2% of the house price.

    3) Stamp duty: paid according to the appraised value of the house.

    4) Land value-added tax: 1% of the house price.

    5) Housing property registration fee: RMB.

    Note: After the death of the elderly, the children can only transfer the property through inheritance, theoretically there is no time limit, but it is best to handle it as soon as possible, and it is necessary to pay attention to the fact that the house will pay 20% personal income tax within five years after the transfer.

  2. Anonymous users2024-02-06

    Second in line heirs.

    There is a right of inheritance.

  3. Anonymous users2024-02-05

    If the property is joint property.

    Half of the property is owned by the spouse, and the other half is inherited by the spouse and children, as specified below

    At the beginning of the inheritance, testamentary succession is applied first, and only when there is no will or testamentary succession does not apply, statutory succession is applicable, in terms of effect, the effect of testamentary succession takes precedence over statutory succession, and statutory succession is a supplement to testamentary succession.

    There is a priority in legal succession, which is as follows:

    According to the Law of Inheritance.

    The estate is inherited in the following order: First order:

    Spouse, children, parents. Second order: siblings, grandparents, maternal grandparents.

    After the inheritance of property begins, the inheritance begins by the first-order heirs, and the second-order heirs do not inherit when there are first-order heirs. If there is no first-order heir, the succession procedure by the second-order heir shall be initiated.

    The order of legal succession of the estate.

    In first place are spouses, children, and parents, and both spouses have inheritance rights to each other.

    Children include biological children, children born out of wedlock, adopted children and dependent stepchildren, and parents refer to biological parents, adoptive parents and dependent stepparents.

  4. Anonymous users2024-02-04

    Hello, after the death of the father, for his estate, there is a will to inherit according to the will, and if there is no will, the father's property is inherited according to the way of legal inheritance.

    1. The order of legal succession is:

    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.

    2. Therefore, in the case of legal inheritance, if the grandparents have long passed away, then the father's estate is generally inherited by the father's spouse and the father's children. Under normal circumstances, the share of inherited property between the same heirs in line shall be equal, and if the heirs agree through consultation, it may also be unequal.

    Hope it helps.

    Article 1127 of the Civil Code 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.

    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.

  5. Anonymous users2024-02-03

    There are clear provisions in the inheritance law that if there is no will for the real estate or other property deposits of the fathers, if there is no will, the designated heirs will be distributed by way of succession.

  6. Anonymous users2024-02-02

    Grandparents have passed away a long time ago, and the estate left by your father is inherited equally by your mother and his children, but in the absence of a will, this is the case, if there is a will, it will be inherited according to the will.

  7. Anonymous users2024-02-01

    The grandparents have passed away a long time ago, and if the father also dies, the property in the father's name should be inherited by the mother first. Then after the death of the mother, the son inherited.

  8. Anonymous users2024-01-31

    Your grandparents have passed away a long time ago If your father dies, who inherits the property in your father's name, then your mother will inherit it first Your mother is the first heir in line, in fact, it is your brothers and sisters who are integrated.

  9. Anonymous users2024-01-30

    If your father dies, then your father's estate should be inherited by your mother and children, and if he left a will, it should be followed.

  10. Anonymous users2024-01-29

    Grandparents would have died long ago, if the father had died. Who inherits the property in the father's name? A, here's the thing.

    When the father dies, then all the property is inherited by the children. This is in accordance with national laws. If there is a son, the son will inherit.

    If there is no son, then it is the daughter who inherits all the inheritance of the father.

  11. Anonymous users2024-01-28

    According to the law, when the father dies, the father's property is inherited by the spouse or children, so the grandparents have passed away a long time ago, and if the father dies, the property in the father's name can be inherited by the spouse and children.

  12. Anonymous users2024-01-27

    In fact, after the death of his father, the property in his name should still be inherited by his mother, because it belongs to the joint property of the father and mother.

  13. Anonymous users2024-01-26

    The grandparents have passed away a long time ago, if the father dies, the property in the father's name, who will inherit the grandparents have died a long time ago? If the father dies, of course, the property in the father's name is inherited by the son, and if there is no son, the daughter inherits, in short, the child inherits.

  14. Anonymous users2024-01-25

    If the grandparents have passed away, if the father is no longer there, the property in the father's name will be inherited by all his children, and if the father is no longer alive, his property is the inheritance, and his children are the first heirs of the inheritance.

  15. Anonymous users2024-01-24

    If the grandparents pass away, the father also dies, and the mother is still alive, the real estate and other property in the father's name are inherited by the mother, and if the mother is not alive, the children inherit it.

  16. Anonymous users2024-01-23

    Your father's estate is inherited by your mother. If the mother dies before the father. Then it will be distributed by your uncles, aunts, uncles, and aunts along with you and your own siblings.

    If the mother is behind the father, it is divided between your aunt and uncle, as well as you and your siblings. Do you feel unreasonable, there is no way to challenge ethics is the law?

  17. Anonymous users2024-01-22

    The grandparents have passed away a long time ago, and if the father dies, who inherits the property in the father's name, of course, the mother inherits it, according to the inheritance law. There is a mother and children in his name to inherit.

  18. Anonymous users2024-01-21

    The state stipulates that the first heir shall have parents, spouse and children. Grandparents have long since died. After the death of the father, the property in the father's name is inherited by the spouse and children.

  19. Anonymous users2024-01-20

    If your father dies, your father's estate is inherited by your mother and your siblings. If there are no special circumstances that are like this, if your father did not understand the will. This property may also be inherited by your aunt and uncle.

  20. Anonymous users2024-01-19

    The current law says that the property in your father's name belongs to all the immediate family members after his death, such as your father's siblings and your mother and you, unless they all refuse the property, otherwise the house will belong to these people, which is more troublesome. Generally, a will is now made to explain how to distribute the property, otherwise it is difficult to get it right.

  21. Anonymous users2024-01-18

    I'll come to your grandparents have passed away a long time ago, if the father dies, the house under the father's name will be randomized, I think the father's house is inherited by the son, if the son doesn't have it, the girl inherits, the girl inherits or well, what grandson of the relatives' family, Sun Nan's younger brother can also inherit.

  22. Anonymous users2024-01-17

    Generally speaking, if the property in your father's name is inherited by the first heir of the immediate family, if the grandparents are no longer there, then the children are the first heir.

  23. Anonymous users2024-01-16

    The grandparents have passed away a long time ago, if the father dies, who should inherit the property in the father's name, if he makes a will, he will inherit it with the person who made the will, and then if he does not make a will, there will be his legal heirs to inherit the first spouse.

  24. Anonymous users2024-01-15

    Your grandparents have passed away a long time ago, and if your father has also passed away, then the property in your father's name should be inherited by you, your mother, and your siblings.

  25. Anonymous users2024-01-14

    Grandparents died, after the death of the father, who inherited the property in the name of the father, your father's direct heirs are grandparents, mother, and your brothers and sisters, grandparents died, and mother, half of the house is your mother's, and the remaining half is 50% of the house shared equally between your mother and several brothers and sisters.

  26. Anonymous users2024-01-13

    If your grandparents pass away, their property is inherited by your father, and if your father also dies, then the property is inherited by you.

  27. Anonymous users2024-01-12

    The grandparents have passed away a long time ago, and if the father dies, the property in the father's name is in accordance with the law. It's your mom who has the right to inherit the property, and you.

  28. Anonymous users2024-01-11

    If your father dies and your grandparents are no longer alive, your mother and your siblings will inherit the property in your father's name.

  29. Anonymous users2024-01-10

    If this is the case, then the best way is to see if the mother around you is not there. If your mother is gone, you are the only one who inherits, and if you have siblings, it may be siblings. and you to inherit together. Come with you.

  30. Anonymous users2024-01-09

    Grandpa and grandma passed away, and if there were no other children, of course your father would inherit the property. If your father dies and you are an only child, you will inherit the property that your father evaluated.

  31. Anonymous users2024-01-08

    If there is a will, follow the will; If there is no will, the grandparents are no longer there, and the spouse and children will inherit it.

    Inheritance Law of the People's Republic of China

    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 inherit; 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.

    Inheritance Law of the People's Republic of China

    Article 7 An heir shall lose the right of inheritance if he commits any of the following acts:

    1. Intentionally killing the decedent;

    2. Killing other heirs for the sake of inheritance;

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

    4. Forgery, tampering, or destruction of wills, where the circumstances are serious.

  32. Anonymous users2024-01-07

    If there is a will, it will be distributed according to the will.

    If there is no will, your father's children + your mother, if there are a few people, it will be divided equally according to several shares.

    Do you have questions about the property that your father inherited from your grandfather? The title deed says that your father's name is your father's.

  33. Anonymous users2024-01-06

    Legal analysis: If the grandparents have a will, the inheritance is divided according to the will, and if the father dies, the mother still fulfills the main maintenance obligation to the grandparents, and can participate in the distribution of the estate as the first-order heir.

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

    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.

    Article 1129:Where a widowed daughter-in-law has fulfilled the primary obligation of support to her parents-in-law, or a widowed son-in-law has fulfilled her primary obligation to support her parents-in-law, she is to be the first-order heir.

    Article 1130:The share of inheritance inherited by heirs in the same order shall generally be equal. Heirs who have special difficulties in living and lack the ability to work 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.

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1) If your father dies first, the first half of your property belongs to your mother, and the other half to your grandfather and mother to one-third each. 2) If your mother dies first, half of it belongs to your father, and you and your father get half each, and when your father dies, you and your grandfather will each get half of your father's property, provided that your parents do not have a will.