My brother is missing, can the public house demolish his house?

The elder brother has been away from home for many years and has not been heard from for many years, so he cannot confirm the right to give the younger brother his name. If the court decides that he is a missing person, the public has the right to demolish his house.

Hello, this is definitely not good, even if your brother is gone, you can't just demolish his house, his house should be inherited to his immediate family, and his immediate family will deal with his house, which is the most reasonable and legal.

This should be demolished to his house, he has a hukou in the location, he can demolish his house if he has a hukou, if he has nothing, then it is difficult to say.

The disappearance must be proved by the public security department's disappearance, otherwise the village has no right to demolish it.

In this case, you can go to the police to report the disappearance, and then the property of the missing person can be temporarily under the jurisdiction of the close relatives.

The man is missing, and no one can demolish his house.

can demolish his house, but he has to make it clear in advance that the house belongs to him, and he should be able to plan the house to his younger brother, which can prove that his brother has been missing from home for a long time and can't be found.

Although the elder brother is missing, there are still heirs, such as his wife, children, parents, siblings, etc., so his house cannot be demolished casually, and it can only be ...... with the consent of the heirs

This must not be, even if your brother is gone, Sister Hong can't demolish his house, his house belongs to her own property, even if the land belongs to the village collective, but the house belongs to hers, no one can.

It is advisable to seek legal advice on your own.

It cannot be dismantled without the owner's signature.

Go to the village to go through the name change procedures, it should be in the name of your brother's child, and then go through the demolition procedures.

I think it's okay, if a certain period of time has passed, you can issue a missing certificate, then you don't need his signature, if you can't issue a missing certificate, then I think the three siblings negotiate by one or three of them, and one of the missing people should also be okay, you should ask a lawyer for details!

I'm afraid this matter is a bit difficult to handle, if you have been missing for too long, see if you can report it to the police station, and then come back to think about how to divide the house.

Sister, are you good at caring for the elderly, even if you are good at raising it, you don't have a share, if your brother splits up and builds a house, the old house should belong to the younger son.

Now that communication technology is so developed, it is better to ask someone who is close to your friends and strive for all relevant personnel to sign it.

If this is not possible, the sisters will discuss it first, and then write an agreement to sign on behalf of the person who is not in front of them through the testimony of one or more elders in the same family. The demolition was done first, and when he returned, the sisters could reply to him with this agreement.

The missing person can be demolished by opening a certificate at the police station!

Yes, as long as it is not found within the specified time, you can issue a missing certificate, and that's it.

Although the son is missing, the family is still the direct heir, but because the younger brother has taken care of him for many years, he can transfer the house to the younger brother in a moral sense, and the local village committee can issue a certificate to prove that the younger brother has taken care of the elder brother for many years and fulfilled the obligation to support the elderly, so he has the right to inherit the old man's estate.

In this case, I feel that there should be no transfer, about before death should leave a will, if there is no will, his first heirs have the right to inherit the property, and you do not get a waiver from others, will not give you the transfer.

Just because my son is missing doesn't mean I don't have the right to inherit! Theoretically, as long as his son is alive, he has the right of first inheritance! Brothers and nephews should wait until the eldest son's death certificate before they can inherit the property!

Yes, if the house belongs to the lawful property of the citizen, and the village committee cannot demolish it privately, the village committee shall bear civil liability for the private demolition of the citizen's house.

Article 75 of the General Principles of the Civil Law stipulates that a citizen's personal property includes a citizen's lawful income, houses, savings, daily necessities, cultural relics, library materials, forests, livestock, and the means of production permitted by law as well as other lawful property.

Citizens' lawful property is protected by law, and any organization or individual is prohibited from encroaching, looting, destroying, or illegally sealing, seizing, freezing, or confiscating it.

Article 134 stipulates that the main ways to bear civil liability are:

1) Cease the infringement;

2) removal of obstructions;

c) eliminate the danger;

4) the return of property;

5) restitution;

6) Repair, rework, and replacement;

7) Compensation for losses;

8) Payment of liquidated damages;

9) Eliminate the impact and restore reputation;

10) Apologize.

The above methods of bearing civil liability may be applied separately or in combination.

In addition to applying the above provisions, people's courts hearing civil cases may also admonish, order them to make a statement of repentance, confiscate property and illegal gains from illegal activities, and may impose fines or detention in accordance with the provisions of law.

First of all, because his house has been demolished, there is no way to get compensation for the corresponding value of the house.

But because his homestead is still legally owned, the value of the land can still be compensated, but as for whether he can get a house or get monetary compensation, it depends on his side of the policy or the value of his land, or his own choice needs. This needs to be determined in the light of his own requirements and the compensation and resettlement plan.

The village committee does not have the power to demolish the houses of the villagers, and even if the construction is illegal, it must go through justice, and if it does not pass the judiciary, all forced demolitions are illegal. Let's see if the litigation period has passed, and if not, let's settle it through legal means.

Yes, because the village council does not have the right to dispose of his property, he can ask the village council to restore it to its original state.

The village committee may be required to compensate and be resettled in accordance with law.

It's hard to find, you have to see where it disappeared, time? There may be anything but that.

If it is confirmed that your brother has embezzled the demolition compensation money and the person has disappeared again, your mother will treat this son as if it does not exist. There is no way.

This is your family's business, and you will find a way to solve it, if you report the case to the Public Security Bureau, you will be imprisoned.

Yes, but it must be that there are no first-order heirs (spouse, parents, children) after the death of the elder brother. The younger brother is a second-order heir, and in the absence of a first-order heir, the law provides that the estate is inherited by the second-order heir.

Statutory succession.

Article 9: Men and women are equal in inheritance rights.

Article 10 The inheritance shall be carried out in the following order:

First order: DU spouse, ZHI 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.

Look at the inheritance law for yourself·· ）

If the brothers have no parents, the elder brother has no children, and the family has no other siblings except for the two brothers, as long as the notarization of the kinship is done, the inheritance can be inherited.

If you don't have parents and children, it should be possible if you are a brother.