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Anonymous users2024-02-07Restitution is difficult unless the estate is not substantially distributed and all heirs agree to repent.
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Anonymous users2024-02-061. Whether it is possible to request restoration after the right of inheritance is renounced.
1. Whether it can be reinstated after the relinquishment of the inheritance of the divine shield is waived, as follows:
1) If the inheritance has been completed, there is no way to renege about it;
2) If the inheritance has not been completed, then the party who has renounced the right of inheritance may apply to the court to withdraw the renunciation of the right of inheritance, and the court will decide whether to do so according to the specific circumstances.
2. Legal basis: Article 1124 of the Civil Code of the People's Republic of China.
After the commencement of inheritance, if the heir renounces the inheritance, he shall make an expression of renunciation of the inheritance in writing before the estate is disposed of; If there is no indication, it shall be deemed to have accepted the inheritance.
The legatee shall, within 60 days after knowing of the bequest, make an expression of acceptance or renunciation of the bequest; If it is not indicated at the expiration date, it shall be deemed to have waived the bequest.
2. What are the conditions for the renunciation of inheritance to be valid?
The conditions for the renunciation of inheritance rights to be valid are as follows:
1. The expression of intent of the heir to renounce the inheritance shall be made after the commencement of the inheritance and before the division of the inheritance;
2. The heir's renunciation of the right of inheritance must be expressed in an explicit way, not by implication. Under normal circumstances, it shall be expressed to other heirs in the form of a situation, and if it is expressed orally, it shall be admitted by the person himself, or if there is other sufficient evidence to prove it, it shall also be found to be valid;
3. The expression of intent to renounce inheritance shall be made in person by the heirs who have the capacity for civil conduct. Statutory persons generally cannot renounce the right of inheritance of persons who have no capacity for civil conduct or those who have limited capacity for civil conduct;
4. Renunciation of inheritance must be an expression of the true intention of the heir. If there is a coercive means such as deception, threat or coercion to make the heir renounce the inheritance against his true will, such renunciation is invalid;
5. The effect of renunciation of inheritance shall be calculated from the date of inheritance. In other words, if the heir renounces the right of inheritance, then he has no right of inheritance from the beginning of the inheritance.
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Anonymous users2024-02-05After the expression of renunciation of inheritance rights is made, it is recognized by the other heirs. Under normal circumstances, if the heir renounces the inheritance and repents, it is generally not recognized.
1. Can the heirs regret after giving up the right of inheritance?
The heir can repentance after renouncing the right of inheritance. Where the heirs repent, renounce the inheritance before the disposition of the estate or during litigation, the people's court shall decide whether to recognize it on the basis of the specific reasons put forward by the heirs. After the estate is disposed of, the heirs do not admit that they regret the renunciation.
Therefore, if the heir renounces the inheritance and then regrets it, he or she can negotiate with the other heirs first. If the other heirs agree to revoke the declaration of renunciation of inheritance, they may inherit according to the original share. If the people's court is unable to reach an agreement, it shall, on the basis of the specific reasons, decide whether to agree to revoke or renounce the declaration of succession.
2. Whether the renunciation of inheritance rights can be reversed.
After giving up the right of inheritance, if there is a legitimate reason and relevant evidence before the disposal of the estate, it can be reversed. If the repentance is made after the estate is disposed of, it is invalid and the inheritance cannot be inherited. After the commencement of inheritance, if the heir renounces the inheritance, he shall make an expression of renunciation of the inheritance in writing before the estate is disposed of; Those who renounce the right of inheritance no longer enjoy the right of inheritance and can no longer inherit the inheritance.
3. Can the renunciation of inheritance rights be revoked?
Yes, but there are time and conditions restrictions. There are two ways to renounce the right of inheritance, one is in writing; The second is the verbal approach. Once the expression of renunciation has been made and approved by other heirs, litigation disputes arising from the restoration of their inheritance rights and their re-assertion of inheritance rights must be made by the people's court on the basis of the reasons for restoring the inheritance rights put forward by the person who renounced the inheritance rights, otherwise, the inheritance rights cannot be restored.
After the renunciation of the right of inheritance has been made, the restoration of the right of inheritance is subject to a decision by the court. The renunciation of inheritance rights must be expressed after the commencement of inheritance and before the division of the estate, and the restoration of inheritance rights must be expressed before the disposition of the estate, otherwise the court will not support it.
Civil Code of the People's Republic of China
Article 1123:After the commencement of succession, it shall be handled in accordance with 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.
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Anonymous users2024-02-04After the right of inheritance is renounced, it may request restoration before the disposition of the estate or during the course of litigation, and the people's court shall decide whether to recognize it according to the specific reasons put forward by the people's court. If the estate is disposed of and the restoration is requested, it will not be granted.
Legal basis] Article 1161 of the Civil Code of the People's Republic of China.
The heirs shall pay off the taxes and debts that the decedent shall pay in accordance with the law within the actual value of the inheritance. The part exceeding the actual value of the estate is not subject to this restriction if the heirs voluntarily pay it back.
If the heir renounces the inheritance, he or she shall not be liable for the taxes and debts that the decedent shall pay in accordance with the law.
Article 32 of the Supreme People's Court's Interpretation (1) of the Civil Code of the People's Republic of China on the Use of Appropriate Rules.
Where the heirs are unable to perform their statutory obligations due to the renunciation of their inheritance rights, the renunciation of their inheritance rights is invalid.
Article 33.
The renunciation of inheritance by the heirs shall be expressed in writing to the estate administrator or other heirs.
Article 36.
Where the heirs repented of the renunciation of the inheritance before the disposition of the estate or during the course of litigation, the people's court shall decide whether to recognize it on the basis of the specific reasons put forward by the heirs. After the disposition of the estate of Cha Sakura, the heirs will not recognize the renunciation of the inheritance.
Let me break it down for you. The owner of the house is your grandfather, and after his death, assuming that the house is 1, because it is the joint property of the husband and wife, the house is divided into two parts. 1 2 is your grandma's, 1 2 is your grandpa's. >>>More
Under the Inheritance Act, children include legitimate children, children born out of wedlock, adopted children and dependent stepchildren. Parents, including biological parents, adoptive parents, and dependent stepparents. Siblings, including siblings of the same parents, half-siblings, adoptive siblings, and step-siblings in a dependent relationship. >>>More
According to the law, the heir shall lose the right of inheritance under any of the following circumstances: (1) the heir intentionally kills the decedent. It should be noted that regardless of whether it is completed or not, and regardless of the motive for killing, the right to inherit the decedent himself is lost; In addition, the heir only loses the inheritance right of the decedent to whom he was killed, and not the inheritance right of a third party other than the decedent. >>>More
When the elder brother dies, the younger brother can inherit by subrogation, which is also called indirect inheritance, which means that the children of the decedent die before the decedent can be inherited by the subrogated successor. 1. The brothers and sisters of the deceased belong to the second in line of legal inheritance in China and have the right to inherit. However, the right of sibling inheritance is limited by the right of inheritance of the first heir. >>>More
Yes, because your father, aunt, uncle and grandfather are the first heirs of your grandmother, and your grandfather is no longer there, then your father, aunt and uncle have the right to claim the inheritance of your grandmother's estate, but your father is no longer there and you are the first heir of your father according to the legal inheritance, your father died first, you have the right to inherit his share on behalf of your father, if the others do not share it with you, you can go to the court to sue.