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Anonymous users2024-02-07There are no special regulations, foreigners inherit real estate in China, Chinese law applies, and the rules for Chinese inherit real estate are the same.
As long as the property is the legal property of the decedent, overseas Chinese or foreigners can of course inherit the real estate of their relatives in China.
The provisions of the Inheritance Law of the People's Republic of China still apply, and in accordance with the provisions of Article 36, they may inherit the real estate of their parents in China.
Further information: According to Article 149 of the General Principles of the Civil Law, the law of the place of residence of the deceased at the time of death shall apply to the movable property, and the law of the place where the immovable property is located shall apply to the immovable property.
According to the second paragraph of Article 36 of the Inheritance Law, if a foreigner inherits an estate within the territory of the People's Republic of China or a Chinese citizen outside the territory of the People's Republic of China, the law of the place where the decedent is domiciled shall apply to the movable property, and the law of the place where the immovable property is located shall apply to the immovable property.
Where the People's Republic of China has concluded treaties or agreements with foreign countries, it shall be handled in accordance with the treaties or agreements.
You inherited your parents' real estate in China, so you inherit according to China's inheritance law.
Article 36 of the Inheritance Law.
For Chinese citizens who inherit an estate outside the territory of the People's Republic of China or a foreigner within the territory of the People's Republic of China, the law of the place where the decedent is domiciled shall apply to the movable property, and the law of the place where the immovable property is located shall apply to the immovable property.
For foreigners who inherit an estate within the territory of the People's Republic of China or a Chinese citizen who inherits an estate within the territory of the People's Republic of China, the law of the place where the decedent is domiciled shall apply to the movable property, and the law of the place where the immovable property is located shall apply to the immovable property.
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Anonymous users2024-02-06Legal analysis: Where the People's Republic of China has a treaty or agreement with a foreign country, it shall be handled in accordance with the treaty or agreement. Therefore, when foreign children inherit Chinese real estate, they must also inherit according to the relevant requirements before the Chinese inheritance law, and cannot inherit domestic real estate in accordance with the laws of the country they own.
Legal basis: Article 1127 of the Civil Code of the People's Republic of China The property is inherited in the following order: Duan Shikuan.
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.
"Brothers and sisters" as used in this Part includes brothers and sisters of the same parents, half-siblings or half-siblings, adoptive brothers and sisters, and step-brothers and sisters who have a dependent relationship.
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Anonymous users2024-02-05Foreigners can inherit real estate in China. Foreigners who apply to inherit real estate in China must apply to the notary public of the country of residence for a notarial deed, which must be authenticated by the Chinese embassy or consulate in that country, and then handle specific inheritance matters with the identity certificate, notarial deed, death certificate of the decedent, will, etc.
Article 14 of the Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property: Where immovable property is acquired by inheritance or bequest, when the person who notices the immovable property applies for registration, it shall submit death certificates, wills or agreements on the distribution of immovable property by all legal heirs, and kinship materials with the decedent, and may also submit notarized materials or effective legal documents. Article 210 of the Civil Code of the People's Republic of China The registration of immovable property shall be handled by the registration authority where the immovable property is located. The State implements a unified registration system for immovable property.
The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations. 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.
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