Whether the renunciation of the inheritance can still be sued, and how long is the recourse period

Updated on society 2024-03-04
9 answers
  1. Anonymous users2024-02-06

    There is a prosecution period for inheritance, and the legal basis for the prosecution period is as follows: there is a prosecution period for inheritance, which is generally two years, and in special cases, 20 years. The legal basis is Article 8 of the Inheritance Law, which states that "the time limit for initiating a lawsuit in an inheritance dispute shall be two years, calculated from the date on which the heirs know or should know that their rights have been infringed."

    However, if more than twenty years have elapsed since the commencement of the succession, no further proceedings may be filed". According to Article 2 of the Inheritance Law, "Inheritance begins upon the death of the deceased. and Article 25: "After the commencement of inheritance, if the heir renounces the inheritance, he shall make an expression of renunciation of the inheritance before the estate is disposed of."

    If the legal heirs do not expressly express their renunciation, they shall be deemed to have accepted the inheritance, and the other heirs shall be regarded as co-owners of the inheritance. Due to the complexity of inheritance issues, it is recommended to hire a professional lawyer to file a lawsuit with the court as soon as possible, and it may not be possible to get the court's support if the lawsuit is filed after the statute of limitations.

  2. Anonymous users2024-02-05

    The so-called prosecution period refers to criminal cases.

    Renunciation of inheritance is not a criminal case.

    You're asking the question of the statute of limitations.

    This needs to be judged on a case-by-case basis.

    Because there is a difference between 1 year and 2 years.

    I really don't know what you're asking, so there's no way to give you a direct answer.

  3. Anonymous users2024-02-04

    What is the situation? After the renunciation of the inheritance takes effect, the inheritance becomes someone else's property.

  4. Anonymous users2024-02-03

    No, unless there is a special reason.

  5. Anonymous users2024-02-02

    The statute of limitations for inheritance exceeds 3 years and can still be sued, as follows:

    1. The time limit for initiating a lawsuit in an inheritance dispute is three years, calculated from the date on which the heirs knew or should have known that their rights had been infringed. However, if more than twenty years have elapsed since the commencement of the succession, no further proceedings may be filed;

    2. If the heir gives up the right of inheritance, he can no longer inherit the inheritance if he no longer enjoys the right of inheritance. If the heirs repent, 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 estate is disposed of, if the heirs repented of giving up the inheritance, it will not be recognized.

    If the heirs repented after giving up the inheritance, they could first negotiate with the other heirs, and if the other heirs had always agreed to revoke the renunciation of the inheritance, they could still inherit according to their respective shares. If no consensus can be reached through consultation, the people's court shall decide whether to agree to the revocation of the renunciation of the declaration of inheritance based on specific reasons.

    Legal basisArticle 188 of the Civil Code of the People's Republic of China.

    The statute of limitations for filing a request to a people's court for the protection of civil rights is three years. Where the law provides otherwise, follow those provisions.

    The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.

  6. Anonymous users2024-02-01

    This year is the 20th year of the retroactive period, can a lawsuit be filed?

  7. Anonymous users2024-01-31

    You are talking about the statute of limitations, you have no statute of limitations, the estate has not been divided, and your inheritance rights have not been infringed. You can sue for division of your estate at any time.

  8. Anonymous users2024-01-30

    A friend of mine bought a house after marriage, and her husband died a year later, she didn't know if her mother-in-law wanted to fight for the inheritance, and she couldn't bear to ask, is there a recourse period for inheritance? How long can it be considered a mother-in-law to give up? Yes. ,

  9. Anonymous users2024-01-29

    It is your spouse and children who have the right to inherit your father's estate, so you are entitled to inherit your father's estate. The statute of limitations for disputes arising from inheritance in China is 2 years.

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