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Your mother is alive, and your mother's 16 square meters are disposed of by your mother. In the event of the death of the mother, the compensation of 16 square meters of the mother shall be divided according to the Inheritance Law of the People's Republic of China.
Chapter II Statutory Inheritance.
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.
Article 13: 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.
Article 14 Appropriate inheritance may be distributed to persons other than heirs who lack the ability to work and have no livelihood who rely on the support of the decedent, or who do not support the deceased more than the heirs.
Article 15 The heirs shall, in the spirit of mutual understanding, mutual accommodation, harmony and unity, negotiate and handle the issue of inheritance. The time, method and share of the division of the estate shall be determined by the heirs through consultation. If the negotiation fails, the people's mediation committee may mediate or file a lawsuit in the people's court.
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The wholly-owned construction should belong to you, but you also have to ensure that the title registration is in your name, otherwise it will be more complicated, because you have not elaborated on it, so I will not analyze it here. As you said, there are 16 square meters of your mother, a total of 72 square meters, if the property is in your name, then 72 square meters, all belong to you, but your mother has a claim of 16 square meters against you. If the mother dies, the inheritance shall be carried out in the manner prescribed by law.
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The mother 16 square meters is its property and belongs to it. Posthumous inheritance.
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Since you said that it was built by you as a sole proprietorship, if there is evidence to prove that it was purchased by you as a sole proprietorship, then it belongs to you alone.
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Summary. Pro, it can be resolved through a court lawsuit.
Article 1127 of the Civil Code [Scope and Order of Inheritance of Legal Heirs] The inheritance of the estate shall be in the following order:
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.
What should I do if the brothers fight over the property?
Hello, I am Life Answerer Pepsi Know-it-all k2, I have served 3680 people, I am happy to serve you, and the teacher is answering for you.
Brotherly dispute over family property: If the parents have a will, follow the will to enter the family property. In the absence of wills and bequests, inheritance rights are equal for men and women.
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 inherit; If there is no first-order heir to inherit, the second-order heir shall inherit.
The legal basis for erection: "The People's Republic of China.
Can a brother appeal over his brother's family property?
Dear, Mori's deeds can be resolved through court proceedings. Article 1127 of the Civil Code [Scope and Order of Inheritance of Statutory Inheritance of Hu Yuren] The inheritance of the estate shall be in the following order: (1) The first order:
spouse, children, parents; 2) Second order: siblings, grandparents, maternal grandparents. After the succession begins, the heirs in the first order will inherit and the heirs in the second order will 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.
How to appeal.
1. The person who initiates the appeal must be a person who does not have the right to appeal or can exercise the right to appeal in accordance with the law. 2. The appeal shall be submitted with a copy of the appeal petition according to the number of opposing parties, and the appeal fee shall be paid in advance. 3. The appeal petition shall generally be submitted to the original people's court, and the fee for accepting the appeal case shall be paid in accordance with regulations, and the original people's court shall forward it to the people's court at the level above it.
Will it be responsible?
Dear, it won't.
I want him to be responsible, and he beats people.
Dear, if you hit someone, you may be criminally responsible.
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Legal Analysis: When both parents are still alive, the parents' property can be disposed of at their own discretion, and the children have no right to force the parents to dispose of it according to their own wishes. If one of the parents dies, the property belonging to the deceased parent is disposed of according to the estate, and if there is no will, each child has a share.
Legal basis: Civil Code of the People's Republic of China
Article 1122:Inheritance is the lawful property left behind by a natural person when he or she dies.
An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.
Article 1123: 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.
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Hello dear! <>
Communication and compromise: First of all, brothers communicate fully with each other and understand each other's ideas and interests. Try to find win-win solutions and reach consensus through compromise.
2.Seek legal assistance: Communication does not resolve the dispute, and seeking legal assistance is a good way to resolve the issue.
Please consult with a professional lawyer to understand the legal process and rights to ensure a fair resolution. 3.Family Meeting:
Organize a family meeting in which all brothers are invited. Resolve disputes in an equal and fair manner, and work together to develop a plan for the distribution of the family's estate. 4.
Mediation by a third party: If the dispute cannot be resolved by a conference of the Family and Limb Removal Court, a third party may be considered for mediation. This can be an independent mediator, arbitrator or family lawyer who will assist the parties in finding a neutral solution.
5.Testamentary arrangement: Before the Jianyi dispute, let the parents clarify and write a will, stipulating the distribution of the family property.
Having a clear will reduces controversy and provides guidance to parents on how to determine the distribution of the property. It is important to maintain communication and understanding, and to respect each other's rights and opinions. Employing the right way to resolve the history can help brothers reconcile and maintain harmony in family relationships.
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Summary. Dear, hello, how to deal with the dispute between brothers: 1
Property disputes between brothers, if the parents have a will, in accordance with the will; 2.In the absence of wills and bequests, inheritance rights are equal for men and women. 3.Where a joint relationship is formed between brothers, the co-owners may request a division when the basis of the joint ownership is lost or there are major reasons for dividing it, and if the negotiation fails, they may file a lawsuit with the court to demand the division of the property.
Dear, hello, how to deal with the dispute between brothers: 1Property disputes between brothers, if the parents have a will, in accordance with the will; 2.
In the absence of wills and bequests, the right of inheritance is equal between men and women; 3.If the joint property of the family is formed between the brothers, and the co-owners may request the division when the basis for the joint ownership of Sun Chun-anni is lost or there are major reasons for the division of the property, then if the negotiation fails, they may file a lawsuit with the court to demand the division of the property. <>
Dear, are your parents still alive?
Relatives, order of inheritance: first order: spouse, children, parents.
Second order: siblings, grandparents, grandparents. After the start of the succession, the first-order heirs will inherit the succession, and the second-order heirs will not inherit.
If there is a first-order heir who does not accompany Qi Bend, the second-order heir inherits. <>
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1. It is necessary to make a clear distinction between the common property of the family and the personal property of the family members.
The division of property can only be the division of the common property of the family, and the personal property belonging to the family members does not belong to the category of division signs.
2. The division of family property shall be based on the principle of fairness and reasonableness, and the common property of the family shall be divided.
The division of common family property, especially the division of the property of a certain intellectual's production, labor tools, equipment, and so on, should be as conducive to production as possible and to giving play to the respective expertise of family members. For certain specific properties that are inconvenient to divide, they can also be modified by way of special agreement to give full play to the effectiveness of this item.
The division of property is directly related to the future living arrangements of family members, so it should be carried out in the form of an agreement on the separation of family and property, so that there will be no disputes over the unclear ownership of a certain property after the separation.
1. Brothers' Principle of Property Division.
1. When dividing family property, only the part of the property jointly owned by the family members can be divided, and the property belonging to the individual family members cannot be divided.
2 The co-owners have equal ownership and equal obligations over the common property, and during the existence of the co-ownership relationship, the co-owners may not divide their share of the common property without the consent of all the co-owners.
3. Divide the family and property to give priority to the widows, widows, lonely people, incapacitated people and minors, and implement maintenance and maintenance expenses, and arrange their material and spiritual lives.
4. The division of common property shall not damage the economic value of the property. Communal property is divisible and does not affect the use value of the thing after division, and may be divided in kind; In the case of an indivisible property, if one of the co-owners is willing to acquire the common property, the other co-owners may be compensated for the price; If the co-owners are unwilling to acquire the common property, the common property can be valued and the co-owner divides the price.
5. The undistributed inheritance can only belong to the people who have the right to inherit and share it, and the family members who do not have the right to inherit are not the co-owners of the undistributed estate, and cannot share the inheritance in principle. If the heirs renounce their inheritance rights or agree to divide them among other family members, they can participate in the division as joint property.
6. The land contracted by the original family does not belong to the common property of the family, and when the family is divided and the property is divided, the villagers' committee shall re-contract Tongmeng to rent it to the person in accordance with the regulations. However, the harvest on the land remains the joint property of the family and can be divided.
7. For the means of production jointly operated by the original family members, although they are divisible, they should be based on the principle of being conducive to production and production, and the method of sharing according to shares should be implemented.
8. The co-owners also have the obligation to repay the loans and arrears of the family together, and they must also share the loans and arrears when dividing the common property. Widows, widows, lonely persons, persons who have lost the ability to work and minors are not obliged to repay loans or arrears.
2. The method of handling disputes over common property between brothers.
1. Negotiate and settle.
2. Mediation and settlement.
3. Arbitration settlement.
4. Administrative settlement.
5. Litigation settlement.
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If the encroacher refuses to return Li Fan, he is suspected of illegal encroachment and can be reported to the police. The crime of embezzlement refers to the act of illegally taking possession of another person's property, forgotten property, or buried property for one's own custody for the purpose of illegal possession, and refusing to return it to the owner of a relatively large amount. Article 270 of the Criminal Law: Whoever illegally takes possession of another person's property in custody for himself, and the amount is relatively large, and refuses to return it, is sentenced to up to two years imprisonment, short-term detention or a fine; where the amount is huge or there are other serious circumstances, a sentence of between two and five years imprisonment and a concurrent fine is to be given.
Where the forgotten or buried items of others are illegally taken into their own possession, and the amount is relatively large, and they refuse to hand it over, punishment is to be given in accordance with the provisions of the preceding paragraph. This crime shall be dealt with only if it is told. Dear, I wish you a happy life, you have other questions you can continue to leave a message, I will answer for you as soon as possible
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