Urgent Consultation Does my grandma have the right to divide my dad s property?

The first-order heirs are spouses, children and parents in accordance with the order stipulated in Article 10 of the Inheritance Law.

There is a legal and unconditional relationship of maintenance and maintenance obligations between the heirs and the decedent in the first order. In the event of the death of the decedent, the decedent has the legal right of inheritance.

The inheritance rights of the heirs in the first order may be renounced by the parties or lost by deprivation according to law due to one of the following acts:

1. Intentionally killing the deceased;

2. Killing other heirs for the purpose of competing for the inheritance;

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

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

At the beginning of the succession, the heirs in the first order have an equal share of the inheritance, regardless of gender, age or child.

Special provisions for first-order heirs:

1. If a widowed daughter-in-law has fulfilled the main obligation of support to her parents-in-law, or a widowed son-in-law has fulfilled the main obligation of support to her parents-in-law, as the first-order heir, it does not affect the subrogation of her children;

2. The relationship between adoptive grandparents and adoptive grandchildren shall be regarded as the relationship between adoptive parents and adoptive children, and may be each other's first-order heirs;

3. The inheritance of a step-parent by a step-parent does not affect the right to inherit the estate of his or her biological parents, and the inheritance of a step-parent by a step-parent does not affect the inheritance of the natural child.

Article 10 of the Inheritance Law stipulates that "inheritance shall be carried out in the following order: first order: spouse, children, parents", which does not clearly stipulate the order of succession, but Article 9 also stipulates that "the right of inheritance is equal between men and women."

This means that the rights of the heirs are equal in the same circumstances.

Article 13 stipulates that "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. "In fact, it distinguishes the order of inheritance formed by the heirs of the same order due to the unequal share of the inheritance.

If your dad is still alive, he is obligated to support your grandma. But your grandmother does not have the right to dispose of and take ownership of the property in your father's name. Only if your father is not alive and there is no clear will, she will inherit.

No right, to put it mildly, only when your father is away, they can. But the premise is that your father doesn't have a will, doesn't give anything or anything. But now your dad has given you the property. So they didn't.

Hey, it's really disturbing to have such a grandmother! Don't get angry.

Legally there are rights. With such an old lady and aunt on the stall, your father is so pitiful.

First, the grandparents issued a gift agreement and gave their share to the father, so the father could share the large amount. Second, when the grandparents die, this property is used as an inheritance, and the father, as the legal inheritance, can share a large amount, and if there are no other siblings, the father can share the whole amount.

Hello, my father and grandparents jointly own the property, it is jointly shared, there is no way to divide the Omori model, everyone has a common share. There are exceptions: first, the grandparents will issue a gift agreement and give their share to the father, so the father can share the large amount.

Second, when the grandparents die, this property is used as an inheritance, and the father, as the legal inheritance, can share a large amount, and if there are no other siblings, the father can divide the whole amount.

The term "co-ownership" means that two or more persons have equal ownership of all the common property without any share. The common property relationship generally occurs between parties who have a special status relationship with each other, and the more typical is the joint property relationship between husband and wife based on the relationship between husband and wife, as well as the joint operation between individual partnerships and enterprises, and the form of joint property will also appear. Pie key sells.

Where there is a dispute between the co-owners of the property as to the nature of the co-ownership, and some of the co-owners claim to be jointly owned by shares, and some of the co-owners claim joint ownership, and it cannot be ascertained, it is generally handled as a joint ownership determination, and if there is a dispute over whether the property is jointly owned or owned by an individual, and it is difficult to ascertain it, the one who is frank shall also be handled according to the determination of the joint ownership property.

Grandma has no right to ask for the transfer of ownership to the uncle, and the uncle's request is even more groundless and cannot be supported.

During your father's lifetime, your grandmother had completed the transfer of property to your father and mother as a civil offender, and the legal formalities for the transfer of ownership had been completed, and no objection had been raised for a long time, and now the house is the joint property of your father and mother.

Due to the death of your father, your immediate grandparents, mother, and you can divide your father's property equally if you do not have your father's will. If that house is worth a million, grandma and grandpa can get 100 2 4*2=25, this can be supported.

As for the origin of buying a house, if the uncle can't come up with absolute physical evidence, I'm afraid there is no way to return to heaven, and that is the pressure of grandma and grandfather.

If you don't explain the specific reason, the consequences will be different.

Family, perhaps, your mother gave due consideration to history and family affection, so as not to continue the misunderstanding and contradiction of your generation.

First find out who paid the money and why the real estate certificate is in your parents' name, if it is an uncle who borrowed money from your parents, he can ask you to repay if it is a borrowed name to buy a house (the house was actually bought by your uncle, but it fell into your parents' name), your uncle can ask for the transfer of the property to him.

Because your father died, if there is no will, your grandparents are also the first-order heirs, and you and your mother inherit together, and you and your mother can divide your father's estate equally, and this part of their inheritance can be given or sold to your uncle.

Therefore, first find out the nature of the money, then find out who the house actually is, and finally if you want a house, at least negotiate with your grandparents first.

Property Law Article 11 Parties.

To apply for registration, necessary materials such as proof of ownership and the boundary address and area of the immovable property shall be provided according to different registration items.

According to Article 11 of the Property Law, the owner or acquirer of the house may change the registration of the property right at any time according to the actual needs of the family. In addition, the property law is not used for family affairs, family affairs, and housework, and if you get the house in accordance with the legal ways and methods that exist in reality, you will have the right to use the property law. The transfer of the real estate certificate is a matter of the past, and now the provisions of the property law are implemented, and there is no transfer.

Your family does not contribute much, and you are not the owner or owner of the house, and you are not qualified to express your opinion on the registration of property rights.

If the uncle can come up with the bill to buy the house and get the money, the house must have the uncle's share, and there is a law to follow for how to divide it.

It really can't be dealt with through the court, because it is not easy to deal with it whether it is or not, the main thing is that it is not clear, and there is also your mother who also has a share, even if it is the money from your grandparents and uncle, but your father is also their son, and he has died, and it is too casual to say that he will take it back.

1. First of all, the property right of your house is in the name of your parents, so the property belongs to both people, whether it is shared by shares or jointly owned.

2. The so-called inheritance refers to the personal legal property left after the death of the decedent. Heirs include legal heirs and testamentary heirs, and legal heirs are the heirs stipulated in the Inheritance Law, which are divided into first-order heirs and second-order heirs.

3. Testamentary succession is superior to statutory succession, that is to say, when there is testamentary succession, statutory succession does not apply. Statutory inheritance is only applicable when the decedent did not make a will before his death or the will made is invalid or the will does not distribute the ownership of a certain part of the property, and when there is a first-order legal heir, the second-order legal heirs shall not participate in the inheritance, and only in the absence of first-order heirs, the second-order heirs shall participate in the inheritance, and there are strict requirements.

4. Therefore, if your father made a will during his lifetime, and the will designated heirs designate the corresponding heirs, then the designated heirs will inherit your father's property. Your house is owned by two people, so only the part that belongs to your father is inherited by the testamentary heir, and the part of the property that belongs to your mother is still your mother's property and is not part of the estate.

If your father did not make a will during his lifetime or made a will but the heirs of the will were not your grandmother, or if there was no agreement in the will as to the part of the house that belonged to your father, then your father's property will be subject to legal succession after his death. Your grandmother, as one of the legal heirs in the first order, participates in the inheritance of your father's property along with your mother, you, your grandfather (if alive), and your siblings (if any).

5. The relevant laws and regulations shall apply;

Article 2 of the Inheritance Law Inheritance begins when the decedent dies.

Article 5 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 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.

Yes, because the parents are the first heirs of the child, your grandmother and you have the same line of succession, but your grandmother can only inherit your father's share.

No, as long as your house is in your father's name, your grandmother has no right to dispose of your property. But your grandmother has the right to succession. Since your family treats you like this, it's best to ask your dad to make a will and appoint heirs for all the property in his name.

Ask your parents to ask a lawyer to go to court, tell the truth, and the court will definitely make a fair judgment! Also, you have such a grandmother, it's really bad for eight lifetimes, I sympathize with you, discuss it with your parents, and listen to me: please solve it in the court!

According to the current inheritance law in China, your father has no right to take back the house that your grandparents gave you. If not, the property should be negotiated and transferred to your name. If the old man is still healthy and guesses the cheats, you can directly transfer the account to your name.

Hello, if you are over 18 years old, your father does not have the right to transfer the property in your name on his own.

There is no right to transfer, if you are a minor, you can manage it on your behalf, but you also do not have the right to change the real estate information.

You ask a lot of questions, answer them one by one:

1. The ownership of the property is shared by your grandmother and your father, and each occupies half of it;

2. Half of your grandmother's share will be inherited and divided equally by the heirs;

3. As for how to discount money, it can be realized according to the share of the old real estate, or according to the share of the developer's compensation area;

4. The problem of housing is generally dealt with according to the local market price, but if the developer's compensation is high, the resistance to division according to the developer is small;

5. If relatives abroad renounce their inheritance, they shall make a declaration of renunciation of inheritance rights, which shall be authenticated by the local notary public or an institution equivalent to a notary public and authenticated by the Chinese embassy or consulate in that country, and sent back.

There are many questions you ask, and they will be answered one by one: 1. The ownership of the property is shared by your grandmother and your father, and each accounts for half of it; 2. Half of your grandmother's share will be inherited and divided equally by the heirs; 3. As for how to discount money, it can be realized according to the share of the old real estate, or according to the share of the developer's compensation area; 4. The problem of housing ** is generally dealt with according to the local market price.

To put it simply, the property belongs to your grandmother's half, and your aunt has the right to divide the inheritance equally.

First of all, the property right belongs to your grandmother and your father, so your grandmother and your father are still alive, and you can go to the notary office to handle who the will is designated to!

It's not that your grandma will give up automatically without paying, and your grandma has property rights, and she agrees to give it up!

A will is valid at a notary public!

If only your grandma is alive now, grandpa is gone. It's very simple, just take your grandmother to the notary office and find 1-2 references who have no interest. Let your grandmother make a notarized will saying that the house is for you, or for your father. It's not as complicated as you think.

Because the house belongs to your grandmother, what to do with it is her freedom, as long as there is a notarized will, even if you have a lawsuit in the future, there is no problem.