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This issue is a bit complex and perhaps controversial, and needs to be analysed at two levels. At the first level, if the property is the joint property of your parents and your mother does not have a will, you and your father are in the first order of succession, and you and your father are of course jointly entitled to equal inheritance of half of the property. At this level, there should be no controversy.
Complicated is the second second levelăPersonally, I think there are two ways to deal with the problem of the father's repayment:1If the debt is a personal debt of the mother and not a joint family debt, then you are liable to repay the loan in proportion to the inheritance for the extent of the inheritance (although your father has done the work on his behalf, he can recover it).
2.If the debt is a joint debt of the parents, I personally think that your father is of course jointly and severally liable for the joint debt of the husband and wife, and naturally your father has the obligation to repay the debt, and cannot pursue the problem of the loan from you. However, there is a controversial jurisprudence to be resolved here, namely the question of the principle of equity, or the question of whether it constitutes an impermanent gift:
Although the father is jointly and severally liable, the joint debts of the husband and wife are repaid, but they are repaid out of the father's personal property, because when your mother dies, the father's salary, etc., should be personal property. If your mother were alive, the debt that should have been paid jointly by the two of you was borne by your father alone, and he could have repaid half of your mother's property, so half of the loan (i.e., the half that your mother would theoretically have to share if she was alive) should be deducted from your mother's general estate, so if you want to inherit the half of the property owned by your mother, you should share the amount of that debt).
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Normally, your father takes half of the first and the remaining half, and then your father and children divide it equally.
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Even though he paid it back alone, there were still some of them, but he withheld the money from the debt, and the question was what the debt was for, and if it wasn't for herself, your father would be responsible for half of the debt.
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Legal Analysis: (1) An estate occurs based on the death or declaration of death of the decedent, and there can be no inheritance without the fact that the decedent died or was declared dead. (2) Inheritance refers to certain civil rights and obligations that are transferred to the heirs that are not extinguished by the death of the decedent.
3) The inheritance is transferred to the heirs in a lump sum in a single and direct manner.
Legal basis: Article 1122 of the Civil Code of the People's Republic of China An estate is a personal 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.
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The content of inheritance is also stipulated in the "Inheritance Law", and there is no special inheritance law in China.
In the Inheritance Law, there are more detailed provisions on the content of inheritance.
The specific regulations are as follows:
Article 9: Equality between men and women in inheritance rights;
Article 10 The inheritance shall be carried out in the following order;
First order: spouse, children, parents;
Second order: siblings, grandparents, maternal grandparents;
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 living and living in the property 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 the heirs who have the ability and the conditions to support are not fulfilled their obligation to support the heirs, the inheritance shall be divided without or less.
Where the heirs agree through consultation, it may also be unequal.
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If you don't have a will, you need to follow the legal succession process.
Specifically, your father's personal property is inherited by you and your mother.
If there is a sibling of the same father at this time, then it will be inherited by the three of you.
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You, your mother, and which child are the three in first line of succession.
The mother of that child has no right to inherit.
If it is 10,000 three people are theoretically divided equally, it can be negotiated if it is unreasonable, and if the negotiation fails, the court will divide the general child will divide more, after all, small (baby).
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