When inheriting an inheritance, should sons and daughters be treated differently?

Updated on educate 2024-03-21
16 answers
  1. Anonymous users2024-02-07

    Children and daughters have equal rights to inherit the estate of their parents. Article 9 of China's Inheritance Law stipulates: "Men and women are equal in inheritance rights.

    In accordance with the above-mentioned law, children have equal inheritance rights, and women, whether married or unmarried, shall have equal inheritance rights with their brothers.

    Women cannot be discriminated against in matters of inheritance. Article 34 of the Law of the People's Republic of China on the Protection of Women's Rights and Interests stipulates that: "The right of inheritance of property enjoyed by women on an equal basis with men shall be protected by law.

    Women may not be discriminated against among the legal heirs in the same order. Widows have the right to dispose of inherited property without any interference. ”

    The division of an estate, which is generally an equal division of the estate, if it is obvious that it will affect the development of production or be obviously unfair because of the equal division, it must also be handled appropriately according to the specific circumstances and cannot be mechanically enforced. It is necessary to take into account the actual situation, for example, on the issue of parental support, it is mainly the son who bears it, and the daughter is not required to support the elderly, or the parents do not need the daughter to support the elderly, or it may be that the daughter does not bear the main maintenance obligation due to economic reasons, then the share can be appropriately reduced or not given on the issue of inheritance. It should be noted that this distinction is not due to the gender of sons and daughters, but to take into account the fairness of rights and obligations, and it is illegal to simply treat sons and daughters differently in terms of inheritance.

  2. Anonymous users2024-02-06

    The inheritance is best left to the son.

  3. Anonymous users2024-02-05

    Summary. Hello dear, happy to answer your <>

    Sons and daughters are the same in inheritance, and in the matter of inheritance, unless there are special circumstances, sons and daughters have the same inheritance rights, and they are the same heirs in the first line, and the share of the inheritance of the same heir generally needs to be equally distributed.

    Is inheritance the same as a son.

    Dear, hello Stove Waiter, I am happy to answer your <>

    Inheritance sons and daughters are the same, in the issue of inheritance, unless there are special circumstances, sons and daughters have the same inheritance rights, the same is the first in line to inherit the hermit quarrelsome, the same in line to talk about the heirs of the inheritance share of the inheritance generally needs to be equally distributed.

    Legal analysis: The inheritance rights of sons and daughters are the same, except in special circumstances. The son and the daughter Mo Xiang'er are both the heirs in the first order, and the heirs in the first order should generally distribute the inheritance equally.

    Heirs who have special difficulties in living and lack the ability to work shall be taken care of when distributing the inheritance. If an heir who has the ability and the capacity to support does not fulfill his obligation to support in a disorderly manner, the inheritance shall be distributed without or with a small share.

    Legal basis: Article 112 of the Civil Code of the People's Republic of China After the commencement of succession, it shall be handled in accordance with 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 The inheritance shall be inherited 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. The term "parents" in this Part includes biological parents, adoptive parents, and step-parents who have 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.

  4. Anonymous users2024-02-04

    Legal Analysis: Same. According to the laws of our country, the right of inheritance is equal between men and women.

    The estate is inherited 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 lead squire inherits, and the second-order heir inherits.

    Legal basis: 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, Huai Tie shall be handled in accordance with the testamentary inheritance or bequest; If there is a bequest and maintenance agreement, the negotiation shall be handled in accordance with the agreement.

  5. Anonymous users2024-02-03

    Legal Analysis: No, men and women are equal, and children have the right to inheritance.

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

    Article 1122:Inheritance is the lawful property left behind by a natural person when he or she dies.

    An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.

    Article 1123 After the commencement of succession, it shall be handled in accordance with the 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 1124:After the commencement of inheritance, if the heir renounces the inheritance of Sun Chakuan's Qingcong, 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.

  6. Anonymous users2024-02-02

    Legal Analysis: No, men and women are equal, and children have the right to inheritance.

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

    Article 1122 An estate is the legal property of a natural person left behind when he dies.

    An inheritance that cannot be inherited in accordance with the law of jury or by its nature shall not be inherited.

    Article 1123: After the commencement of inheritance, it shall be handled in accordance with the 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 1124:Where the heirs renounce their inheritance after the inheritance has begun, they 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.

  7. Anonymous users2024-02-01

    Daughters have the same right to inherit the inheritance left by their parents. However, it should be noted that if there is a will or bequest and maintenance agreement after the inheritance begins, the remainder shall inherit the estate in accordance with the corresponding agreement. In addition, if the inheritor commits some illegal acts, he may also lose his inheritance rights.

    Legal basis: Article 1126 of the Civil Code Men and women are equal in inheritance rights.

    Article 1123 of the Civil Code After the commencement of inheritance, it shall be handled in accordance with 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 1125 of the Civil Code Where an heir commits any of the following acts, he shall lose his right of inheritance:

    1) Intentionally killing the decedent;

    2) killing other heirs for the purpose of competing for an inheritance;

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

    4) Forging, tampering with, concealing, or destroying a will, and the source of the will is serious;

    5) Using fraud or coercion to compel or obstruct the decedent's establishment, modification, or revocation of the will, where the circumstances are serious.

    Where the heirs have the conduct in items (3) through (5) of the preceding paragraph, and truly show repentance, and the decedent expresses forgiveness or later lists them as heirs in the will, the heirs do not lose their inheritance rights.

    Where the legatee has the conduct provided for in the first paragraph of this article, he or she loses the right to receive the bequest.

  8. Anonymous users2024-01-31

    Yes, according to the "Inheritance Law of the People's Republic of China", it is stipulated that children have the same inheritance rights, and Sui Dulu can inherit the inheritance of his parents according to the provisions of wills and bequests.

  9. Anonymous users2024-01-30

    Daughters have the right to inherit the parents' estate. According to the relevant laws of our country, the daughter is the legal first-in-line heir. A daughter's right to inherit her parents' estate is not conditional on whether she is married or not.

    Daughters are entitled to inherit their parents' inheritance, whether married or not. This is because the right of a child to inherit his or her parents' estate is determined by the blood relationship between the child and his parents.

    Is the parent's debt the responsibility of the child.

    Whether the parents are responsible for the debts of the children is divided into several situations

    1. If the adult child lives with the parents, the debts owed by the father and mother shall be repaid with the joint property of the family;

    2. If the parents die and the children inherit the parents' estate, they shall bear the obligation to repay the loan within the scope of the inheritance;

    3. If the parents are deceased and the children do not inherit the property, the children have no obligation to repay the loans.

  10. Anonymous users2024-01-29

    According to the Marriage Act and the Inheritance Act, children have equal inheritance rights to the property of their parents, and there is no difference in inheritance rights between daughters and sons.

    As a result, daughters and sons have the same rights to inherit the inheritance of their parents.

    According to the information you provided, it is not lawful for the elder brother to dispose of his father's known inheritance and to say that his sister has no right to inherit it. If the younger sister wants to recover part of the inheritance she should inherit, she can file a lawsuit with the court and protect her legal rights and interests through legal means.

  11. Anonymous users2024-01-28

    Men and women are equal in law, and children have equal inheritance rights over the inheritance of their parents, so daughters also enjoy the same inheritance rights.

  12. Anonymous users2024-01-27

    Daughters have the right to inherit the inheritance left by their parents. No matter how many children have the same inheritance rights, no preference should be given to sons.

  13. Anonymous users2024-01-26

    At the level of state law, inheritance rights are not gender-specific, both men and women can inherit, and the share of inheritance is divided according to the number of people. After the death of the owner of the estate. If the owner of the estate makes a will, the legal process should generally be followed according to the wishes of the owner of the will.

    If there is no will or an oral statement (with a certified witness), it is necessary to go through legal procedures and the relevant notary public to justify the heirs of the estate.

    On a practical level, the heirs of the estate inherit all the debts of the testator while inheriting the estate owned by the testator. If the testator does not leave any debts after his death, the share of the estate should normally be divided according to the degree of support to the parents.

  14. Anonymous users2024-01-25

    There is no doubt that children have joint inheritance rights in law! If you are not an ordinary family such as the powerful and rich, don't think about the inheritance of your mother's property after your daughter is married. Emotionally speaking, it is a great score for parents to give, and it is their duty not to give.

    As the parents grow older, they have also experienced the stage of earning money to support the family to providing for the elderly, and they are more dependent on the elderly. When you are a child, your parents are your heaven, and when you grow up, your children are your parents' heaven. In short, "family and everything is prosperous", wealth is earned by one's own hands, not by competing for the clan.

    Children should not be unhappy because of a little inheritance issue, Han Lu Zheng the heart of the elderly, but also suffer from the accusations of relatives, friends and neighbors!

  15. Anonymous users2024-01-24

    The daughter of the parent's estate has the right to inherit and is the legal first-order heir.

    However, if the daughter has one of the following circumstances, the right to inherit will be lost

    1. Intentionally killing the deceased.

    2. Killing other heirs for the sake of inheritance.

    3. Abandonment of the decedent, or abuse of the heir of the heir, the circumstances are serious.

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

    5. Using fraud or coercion to compel or hinder the decedent from establishing, altering, or withdrawing the will of the deceased, and the circumstances are serious.

  16. Anonymous users2024-01-23

    All have the right of inheritance, unless there is a will specifically stated, otherwise they are all divided equally.

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