-
The daughter does not have the right to inherit the house, because the funder belongs to the son, and the real estate relationship between the father and the son is a gift relationship.
To put it simply, it can be inherited according to the "Inheritance Law", but according to the relevant provisions of the "Contract Law", if the other party revokes the gift, the property is no longer within the scope of inheritance, and it does not constitute an inheritance relationship, so it cannot be inherited.
Article 186 of the Contract Law: The donor may revoke the gift before the transfer of the rights of the donated property.
The provisions of the preceding paragraph do not apply to gift contracts that are in the nature of social public interest or moral obligations such as disaster relief and poverty alleviation, or gift contracts that have been notarized.
Article 187:Where donated property needs to go through formalities such as registration in accordance with law, the relevant formalities shall be completed.
Article 188:Where the donor does not deliver the donated property in a gift contract or notarized gift contract that has the nature of a social public interest or moral obligation such as disaster relief or poverty alleviation, the donee may request delivery.
Article 189:Where the donor's intentional or gross negligence causes damage or loss of the donated property, the donor shall be liable for damages.
Article 190: Gifts may be accompanied by obligations.
Where the gift is accompanied by obligations, the donee shall perform the obligations in accordance with the agreement.
Article 191:Where the donated property is defective, the donor shall not be liable. In the case of a gift with obligations, if the donated property is defective, the donor shall bear the same liability as the seller within the limits of the obligations.
If the donor deliberately fails to inform the defect or guarantee that there is no defect, causing losses to the donee, it shall be liable for damages.
Article 192: In any of the following circumstances, the donor may revoke the donation:
1) Seriously infringing upon the donor or the donor's close relatives;
2) Failure to perform the obligation to support the donor;
3) Failure to perform the obligations agreed upon in the gift contract.
The donor's right of revocation shall be exercised within one year from the date on which the donor knew or should have known the reason for revocation.
Article 193: Where the donor dies or loses the capacity for civil conduct due to the donee's illegal acts, the donor's heirs or legally-designated persons may revoke the donation.
The right of revocation of the heirs of the donor or the legal person shall be exercised within six months from the date on which the reason for revocation is known or should be known.
Article 194:Where the person with the right of revocation revokes the donation, he may request the donee to return the donated property.
Article 195: Where the donor's economic situation has deteriorated significantly, seriously affecting his or her production or business operations or family life, he may no longer perform the obligation to donate.
Article 128 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China (for Trial Implementation) stipulates that "the establishment of a gift relationship between citizens shall be subject to the delivery of the gift. If the transfer of ownership of a donated house has been completed in accordance with the written contract, the gift relationship shall be deemed to be established; If the formalities have not been completed, but the donor has handed over the property right certificate to the donee in accordance with the written gift contract, and the donee has taken possession of and used the house in accordance with the gift contract, the gift contract may be deemed valid, but the donor shall be ordered to go through the transfer formalities. ”
-
The first thing to explain is that the right of inheritance must be the property of the owner and not the property of others, so if the house is built by the son to give to his parents, then there is the right of inheritance, if it is only for you to live in and does not have it, then there is no right of inheritance, hope.
-
If the parents do not make a will, the younger son has the right to inherit the parents' share of the house according to the legal inheritance. The specific share of parents is subject to the registration of housing and socks.
-
Hello! 1.The real estate deed only has the name of the eldest son and his parents, if the parents have made a will, and the will clearly states that the house is for the eldest son, then the younger son has no right to inherit.
2.If the parents do not make a will, the younger son has the right to inherit his father's share of the property after his father's death.
Because the mother is still alive, she cannot inherit her share of the property.
3.If the mother dies, then the younger son can inherit the mother's share of the property.
Dear, do you understand?
-
If you don't have a will, you have the right to inherit, but the inheritance share is not much, and it would be good to inherit 1 4
-
Summary. Home ownership, also known as house ownership, is the exclusive right of the owner of the house to dispose of the house he owns. Within the scope prescribed by law, the owner of the house may exclude the interference of others and occupy, use, benefit from, or dispose of the house owned by him.
State, collective and individual ownership of houses coexist and are equally protected by the Constitution and the law.
The house was built with his own money, but the father's name was written, and the daughter had no right to inherit.
Hello, I am the cooperating lawyer of the consultation, I have received your question, there are more people consulting at present, please wait for a while, I am helping you solve the problem.
The money he paid to build the house was drafted, and the real estate right was written in his father's name, and Ruoling Xiao indicated that the house he built was funded by himself. In the future, the ownership of the house is all yours. If the change is not specified, the children have the right to divide the property and property.
Home ownership, also known as house ownership, is the exclusive right of the owner of the house to dispose of the house he owns. Within the scope prescribed by law, the owner of the house may exclude the interference of others and occupy, use, benefit from, or dispose of the house owned by the owner. State, collective and individual ownership of houses coexist and are equally protected by the Constitution and the law.
Mainly look at the name of the real estate certificate.
-
A daughter can inherit her father's property by way of legal or testamentary succession. The law stipulates that the first heir to the parent's estate is the child, so as long as the parents do not make a will or bequest maintenance agreement for others to obtain the property, the daughter can inherit the property through legal inheritance. In addition, the father can also make a will to designate his daughter to inherit his property, and as long as the will is not invalid, the daughter can also inherit the property by will.
Article 27 of the Marriage Act stipulates that there shall be no abuse or discrimination between stepparents and stepchildren. The rights and obligations between a stepfather or stepmother and a stepchild who is being raised and educated by him shall be governed by the relevant provisions of this Law on the relationship between parents and children.
Article 36 stipulates that the relationship between parents and children shall not be eliminated by divorce of parents. After divorce, the children are still the children of both parents, regardless of whether they are directly raised by the father or mother.
After divorce, parents still have the right and obligation to raise and educate their children.
-
Although the phenomenon of "preference for sons over daughters" has decreased a lot, in the face of some major decisions or interests, parents will consider their sons more and ignore their daughters. For example, if the son's name is written when the parents buy the house, does the daughter have the right to inherit the son's name written by the parents when buying the house? I told us it depended on the actual situation.
The name of the son written by the parents when they buy the house, does the daughter have the right to inherit
It depends. In the absence of a will from the parents, the ownership of the house is owned by the rightful holder on the house ownership deed.
Because the houses purchased by the parents before their deaths were written in the names of their sons, it was deemed that the two houses had been donated to the son, and the son did not raise any objection to Ren Chonghail and accepted the gift, and the gift contract was established, and the two houses were the son's personal property, not the joint property of the parents. After the death of a parent, only the property of the parent can be inherited as an inheritance. Therefore, these two daughters have no right to inherit.
Is it good for parents to buy a house in their children's names?
1. Cause the child to be independent and judge the mountain to buy a house may pay more down payment.
If the child and the parents do not have a joint property, that is, the parents do not have the child's name on the real estate certificate, and the child buys the first house after becoming an adult, the down payment is 30% according to the current policy, and the first set of preferential mortgage interest rates can be enjoyed; Children who share no more than two houses with their parents before the introduction of the purchase restriction policy and when they are minors can purchase one house independently after they reach adulthood.
2. If the child has an accident after marriage, the spouse has the right to inherit the pre-marital property.
In the unfortunate event of the death of a child after marriage, the spouse, the child and the parents are the first in line and are entitled to inherit all the deceased's property, including pre-marital property. This means that if the child shares the property with his or her parents when he or she is a minor, the property in the child's name will also be divided and inherited as an inheritance.
The son's name written by the parents when they buy the house and the daughter feels that it is unfair, you can find a lawyer for consultation.
-
If two children want to inherit their parents' property, it depends on whether the parents have left a will. According to the principle that testamentary succession takes precedence over statutory succession, if the parents have left a will, the inheritance will be carried out according to the content of the will; If the parents do not leave a will, the inheritance is carried out according to the statutory inheritance rules. The children belong to the first line of succession, and the spouse and parents are also the first in line of succession.
After it is established that the parents did not leave a will, the property is inherited in accordance with the legal order of succession, and in general, the first heirs receive the same share. The first heir in line can negotiate the ownership of the property by one of them, and the heir who takes ownership of the property compensates the other heirs.
Article 1123 of the Civil Code of the People's Republic of China: After the commencement of inheritance, it shall be handled in accordance with the statutory inheritance; 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 return.
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.
-
Of course, parents and children and spouses have the same inheritance rights as first in line of succession, and if your children die before you, they can share a part of the inheritance with you. But if your children buried filial piety before they died, they owned a search of the world and did not have your share, that. In accordance with the current inheritance law.
It is to put the will first. Therefore, the father has no right to inherit the manuscript.
-
If the two children die before the father, and the first two children are inherited by their first-order heirs, and the first-order heirs of the two children include the spouses of the two children, and the children also have parents, it seems that the father must have the right to continue the inheritance of the two children, and of course the property.
-
The father has the right to inherit the property of his two children. According to the provisions of China's Civil Code, the daughters of parents have the right to inherit each other, and they are all first-order heirs.
-
OK. The inheritance relationship between the father and the mother and the children is statutory, and unless they are deprived of the right of inheritance according to law, each child has the right to inherit the inheritance of their parents, and similarly, the parents also have the right to inherit the inheritance of each of their children. However, it is a reminder that parents and children are only one of the legal heirs, and if there are other heirs, the estate should be distributed according to testamentary inheritance or legal succession.
-
The father has the right to inherit the property of his children, no matter how many children he has, as long as the children do not have a will and inherit in order, the father is the heir in the first order, the spouse of the father and the children, and the children of the children are the heirs in the first order. So the father has the right to inherit the property of both children.
-
According to the relevant provisions of the inheritance law, parents have the right to inherit the inheritance of their children. The parents of the two children are legally able to inherit the property. If you don't hold the group, you have to meet the legal inheritance conditions, Duan Xiao.
That is, the decedent dies first with the heirs. Moreover, there is no will to designate the heirs for legal succession during his lifetime.
-
Of course. Children have the right to inherit their parents' estate, and parents have the right to inherit their deceased children's estate. Because the children have the responsibility and obligation to support, the deceased son pats the ruler and the daughter to fulfill the responsibilities and obligations with the inheritance.
-
Parents and spouses are the legal first-order heirs, and the father, as the legal first-order heir, can of course inherit the property of the two children.
-
The father is of course entitled to inherit the property of the two children, and if the two children die before the father, then the father has the right to inherit the property of the children.
-
The father has the right to inherit the property of the two children, not only the children of the parents' house can be inherited by the children, but the parents of the children's house also have the right to inherit the dust cherry blossom type, they are the parents of the children after all.
A: Cross talk is a language art, B: To A: Cross talk actors pay attention to talking and singing, this cross talk actor! Best at telling long jokes, short jokes, witticisms, anyway. >>>More
Dreaming that I have a son and a daughter means:
Willpower, action and desire to control have become stronger, and popularity and popularity have risen, it is recommended that you do not need to consider the requirements of others in the past two days, as long as you explain and analyze with others, you can do what you want to do according to your own ideas and ideas, and you will get the support and help of everyone. Be careful and handle the rotten peach blossoms, otherwise it will affect your reputation outside. >>>More
The network segmentation of the router, which is one of the most important functions of the router, can divide the entire network into different network segments according to actual needs. >>>More
1. The auspicious and evil index of dreaming of two dead dogs in the family There are benefits from the shadow of the father and ancestor Yu De, or by the love and cultivation of the elders, easy to develop upward, and the situation is peaceful, although there is no amazing achievement, but it can be smooth and gradually stretched, and the omen of happiness and longevity is celebrated. 【Dajichang】 >>>More
Keep up the good work, our dormitory brothers will support you! >>>More