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1. Under the premise of meeting the conditions, you can continue to enjoy the treatment of members of local collective economic organizations (management of collective land management rights);
2. After the divorce, if the parties leave the production and life of the place where the collective economic organization is located, and have not abandoned the wasteland or voluntarily renounced the rights and obligations of their members, they can inherit and enjoy the relevant local treatment.
Measures for the Determination of Members of Collective Economic Organizations:
Article 4: Ordinary members refer to rural residents who have complete rights such as land co-ownership, reserved land use rights, contracted management rights, participation rights in collective asset management and disposal, and collective income distribution rights, and bear full obligations.
Reserved land use rights refer to land use rights such as homesteads, forest land, and self-reserved land that have been actually acquired and retained, in addition to the contracted land management rights.
The term "ordinary members" as used in these Measures is equivalent to the term "members of rural collective organizations" as used in other laws and regulations.
Article 5 Special members refer to citizens who have one or more complete rights such as land co-ownership, land use rights, contract management rights, and collective income distribution rights, and bear corresponding obligations.
Article 7: The following persons shall not lose their membership as ordinary members of rural collective economic organizations:
Active-duty conscripts of the People's Liberation Army and the Armed Police Force of the People's Liberation Army and the People's Armed Police Force who are originally from the collective economic organization and non-commissioned officers who meet the relevant provisions of the state;
Students who are enrolled in colleges and universities of the collective economic organization;
Persons released from prison who have had their household registration cancelled return to their place of origin;
Those who have left the place of the collective economic organization for production and livelihood due to reasons such as going out to do business or work, and have not abandoned wasteland or voluntarily given up their rights and obligations as members.
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From a legal point of view, there are no rights.
This depends on the specific situation of your family, if he has to take care of it, you can't do anything, right?
If you really want to solve this problem, then you can only adjust it through the intervention of a third party such as your village chief, which is the best.
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Relationally, if your stepfather and mother get married, then your mother's property is also owned jointly by your stepfather. So there are some things that he has a right to.
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When a son dies, the son's property stepmother generally has the right to inherit. However, unless there is no dependency relationship between the stepmother and the stepchild. According to the relevant legal provisions, the parents of legal heirs refer to biological parents, adoptive parents and step-parents who have a dependent relationship.
Article 1127 of the Civil Code of the People's Republic of China provides that inheritance shall be carried out in the following order: (1) in the 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. The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship. Article 1123:After the commencement of succession, it shall be handled in accordance with 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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If the deceased is the ex-wife, then the heirs include his spouse, children and parents, and the successor wife cannot inherit the land rights of the predecessor, and if the successor wife wants to have land in the countryside, it is also necessary to contract.
1. How much can the wife share when the husband dies.
When the husband dies, how much the wife can share depends on the situation. For the part of the property belonging to the husband of the party, if there is a will or bequest, it shall be divided according to the agreement of the will or bequest; If not, then his spouse, parents, and children as first-in-line heirs may be divided equally. However, it may also be distributed unequally by consultation among the heirs.
Second, the real estate certificate is the name of the husband, and the husband is dead, who belongs to the house.
Although the real estate certificate is in the husband's name, if the house belongs to the joint property of the husband and wife, after the death of the husband, the house is still the joint property of the husband and wife, and the wife has the general property right to the house, and the general property right of the husband will be inherited by the legal heirs according to the husband's estate in the order of inheritance, so even if the real estate certificate is in the husband's name, half of the house belongs to the wife after the husband dies, and the other half is inherited by the spouse, parents, and children of the first heir.
3. Who should inherit the inheritance of the parents.
If there is no will after the death of the parents, the inheritance will be carried out in accordance with the legal order of succession.
The first-order heirs are spouses, children, and parents, and if the first-order heirs are unable to inherit the estate, the second-order heirs will inherit.
The heirs of the second-order shirt include siblings, grandparents, and maternal grandparents.
Civil Code of the People's Republic of China
Article 1157:Where one of the spouses remarries after the death of the other spouse, they have the right to dispose of the inherited property, and no organization or individual may interfere with it.
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Summary. Hello, legal analysis: Is it legal for the stepfather to hide the mother and ex-husband for many years:
If there is no responsibility, it is not that the other party is not responsible for the killing. Directing another person to kill someone, which is generally called an instigator, is dealt with as an accomplice to the crime of intentional homicide with the murderer. "Instigator" refers to the use of persuasion, inducement, instigation, instigation, bribery, threat, or other methods to instill one's own criminal intent into a person who does not have criminal intent, causing him to commit a crime in accordance with the instigator's criminal intent, and instigating another person constitutes an instigator.
The crime of abetment is characterized by the fact that the abettor does not commit the crime himself, but instigates others to carry out his own criminal intent. The instigator is also generally found to be the principal offender.
Hello, legal analysis: The stepfather has been dead for many years, and the mother and ex-husband are hiding together, is there a legal responsibility: if there is no responsibility, it is not that the other party is not responsible for killing people.
Directing another person to kill someone, which is generally called an instigator, is dealt with as an accomplice to the crime of intentional homicide with the murderer. "Instigator" refers to the use of persuasion, inducement, instigation, instigation, bribery, threat, or other methods to instill one's own criminal intent into a person who does not have criminal intent, causing him to commit a crime in accordance with the criminal intent to instigate others, and instigating a person constitutes an instigator. The characteristic of abetment is that the abettor does not commit the crime himself, but instigates others to carry out the criminal intent to tease him.
The instigator is also generally found to be the principal offender.
Legal basis: Article 200 of the Criminal Law of the People's Republic of China, Article 32 of the "Criminal Law of the People's Republic of China" Whoever intentionally kills a person shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than 10 years; where the circumstances are more minor, a sentence of between three and ten years imprisonment is to be given.
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First of all, you help your father repay the loan to keep the house, this does not affect the inheritance, I think it should belong to a loan relationship, just like the father asked you and the second uncle to borrow money to keep the house, because there is no agreement between you that you pay to protect the house, you will own how much property rights of the house.
It is completely legal to leave it to the stepmother, if the stepmother and your father are registered married, and if the will is notarized, or has legal effect, then the will is valid, and all those who have a will are distributed according to the will, and those who do not have a will will start to inherit from the heirs.
Because the property right is now only in your father's name, you need to prove that the property is related to your mother, that is to say, to prove that the property is the joint property of your parents, and then if you pay the money at the auction, you also need to prove the loan relationship, if there is no evidence, then hurry up and think of other ways when there is no will, as long as the will itself is legal, it is absolutely valid. Even if he keeps a colleague, as long as the will is legal, it is legal, and there is no specific person.
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Your father certainly doesn't have full authority over the house. And you also paid for the ownership of the house, and the receipts at that time are also strong evidence. If he had made a will with such content, it would not have been fully valid.
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This situation is not legal because your father only has 50 ownership of the house, and if it is inherited by will, 50 can be disposed of
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If your father left a will, it is not legal to leave the house to your stepmother.
Half of the property is your mother's inheritance, and your sister and your father can each inherit a quarter of half of the property according to inheritance law. In other words, your father only has the power to dispose of the property rights of the house.
It's not a shame for a father to remarry, and besides, the stepmother didn't bring the child over, so there is no need to have a stiff relationship with the father because of this matter. You can ask your second uncle to come forward to talk about this matter, so that your father thinks about your sisters, and don't make a will to leave the house to your stepmother, even if it is, it is not legal. Your stepmother must have children of her own.
Later, her own children were also obliged to support her.
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