Can the second instance inheritance of money and property and the first instance housing inheritance

Hello. It should be filed, but the court will mediate, and if it fails, it can only be sued separately! This is in order to protect the litigation rights and interests of the parties, China implements the second-instance final trial system, if the second-instance judgment is made, then there is no "second-instance trial", if it is raised in the first instance, those who are dissatisfied will be appealed, and the second-instance trial will not be able to appeal, that is, the final trial!

Yehnara Wendo answered;

1. When a people's court accepts a civil case, it shall hear the parties' litigation claims;

1. "Set-off" in civil litigation refers to: (1) The two parties owe debts to each other; (2) the subject matter of the debts of both parties is of the same type and quality; (3) the repayment period of the active creditor's right has expired; (4) it can be set off according to the nature of the debt; (5) Set-off shall not be conditional or time-limited.

Inheritance cases shall not be set-off.

2. Counterclaim in civil litigation, counterclaim refers to an independent counterclaim filed by the defendant in the lawsuit against the court in connection with the plaintiff in the lawsuit in a civil lawsuit (referred to as the lawsuit in the procedural law) procedure that has already begun.

There may be no counterclaim in inheritance cases.

2. Provisions on the trial of cases by the people's courts of second instance;

According to article 168 of the Civil Procedure Law, the second-instance people's court shall conduct a review of the relevant facts and applicable law of the appeal request.

1. Review the relevant facts of the appeal requestIt may not go beyond the facts of the appeal requestCensor;

Review of the application of law by the trial court

In summary,Where the first-instance trial has not been heard, or where the appellant's appeal request is other than the relevant facts, the second-instance trial court will not conduct a review, but shall conduct a review of the applicable law in the original trial.

Whether the second instance of an inheritance dispute can be overturned depends on the circumstances. If there is nothing wrong with the original judgment, the second instance will naturally uphold the original judgment. However, if the original trial court found that the facts were wrong, or there was an error in the application of law, or the procedure was unlawful, it may generally remand for new trial or change the judgment.

1. What are the conditions that must be met to constitute a heritage?

a) The estate must be property. Among them, property includes both positive property and negative property. Negative property is debt. The inheritance of the clan cannot be personal rights and status, etc., which is determined by the modern civil code as property inheritance, which is different from the ancestral inheritance system in ancient society.

2) The estate must be the legal property of the deceased during his lifetime. Everything here is ownership in a broad sense, including not only ownership and other real rights as property rights, but also the creditor's rights enjoyed by the deceased during his lifetime, as well as the part of property rights in various compound rights such as intellectual property keys or equity rights.

3) The estate must be the property of the deceased who is not exclusive to the deceased. Some property is not inheritable due to its personal exclusivity and therefore cannot be inherited. In the case of the right to claim pension benefits, such rights will be extinguished after the death of the insured.

4) The form of the estate is not limited to the state left by the deceased at the time of death, and the property derived from the property left by the deceased or the substitute property is the inheritance.

2. How to enforce the judgment of the inheritance lawsuit.

Enforcement method after the judgment of the inheritance lawsuit: Under normal circumstances, the person subject to enforcement shall consciously perform the relevant obligations in accordance with the time, place and method specified in the judgment. If it refuses to perform within the time limit, the other party shall apply for it, or the people's court shall take compulsory measures such as seizure, freezing, allocation, and conversion on its own, and carry out compulsory enforcement in accordance with law.