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The obligation of a son to support his or her parents is stipulated by law. According to the law, parents who are unable to work or who are in difficulty have the right to demand maintenance from their children.
It is the legal right of parents to donate rural real estate to others.
"Can you hate child support?" you asked. What does that mean? If the son does not support the elderly, how can he recover the child support?
If you want to ask if your parents can get your alimony back, the answer is that parents who are unable to work or who are in difficulty in living are okay. This is because the son has the obligation to support his parents, and if the son does not support his parents, the parents who are unable to work or who are in difficulty in living may file a lawsuit with the people's court.
The following are the legal requirements for supporting parents.
Marriage Law of the People's Republic of China
Article 21: Parents have an obligation to raise and educate their children; Children have an obligation to support their parents.
If the parents fail to fulfill the obligation to support them, the child who is a minor or who is unable to live independently has the right to demand maintenance from the parents.
In the event that a child fails to fulfill his or her maintenance obligations, the parent who is unable to work or who is in difficulty in living has the right to demand maintenance from the child.
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Parents have the right to dispose of their own property, and the property is given to whomever they want. It is the duty of every citizen to support the elderly, and if he does not give a penny to his son, the son must also not support the elderly. It is illegal not to give alimony to the elderly!!
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If the parents don't give the rural property to the son, then it's not right at all, because it's earned by the parents, not earned by your son.
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Legal analysis: The son has not socialized with his parents for many years, and the inheritance of the old man's house cannot be given to him, and the heir has one of the following acts, he will lose the right of inheritance:
1. Intentionally killing the decedent;
2. Killing other heirs for the sake of inheritance;
3. The circumstances of abandonment of the decedent or abuse of the decedent are serious;
4. Forging, tampering, concealing or destroying wills, where the circumstances are serious;
5. Fraud, coercion or obstruction of the decedent's establishment, alteration or revocation of the will, the circumstances are serious. Therefore, the loss of inheritance rights requires a very serious precondition that the other party cannot be deprived of inheritance rights simply because they have not been connected for many years.
Legal basis: Civil Code of the People's Republic of China
Article 1125:Where an heir commits any of the following acts, he or she shall lose the right of inheritance:
1) Intentionally killing the decedent;
2) killing other heirs for the purpose of competing for an inheritance;
3) Abandoning the decedent, or abusing the decedent, where the circumstances are serious;
4) Falsifying, tampering with, concealing, or destroying a will, where the circumstances are serious;
5) Using fraud or coercion to compel or obstruct the decedent's establishment, modification, or revocation of the will, where the circumstances are serious.
Where the heir has the acts of imitation in items 3 to 5 of the preceding paragraph, and has truly shown repentance, and the decedent expresses forgiveness or later lists him as the heir in the will, the heir does not lose the right to inherit.
Where the bequeathed person has the conduct provided for in the first paragraph of this article, he or she loses the right to receive the bequest.
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If the son has not interacted with his parents for many years, and the inheritance of the old man's house cannot be withheld to him, and the heir commits any of the following acts, he shall lose the right to inherit: (1) intentionally killing the decedent; 2) killing other heirs for the purpose of competing for an inheritance; 3) Abandoning the decedent, or abusing the decedent, where the circumstances are serious; 4) Falsifying, tampering with, concealing, or destroying a will, where the circumstances are serious; 5) Using fraud or coercion to compel or obstruct the decedent's establishment, modification, or revocation of the will, where the circumstances are serious. Therefore, the loss of inheritance rights requires very serious preconditions, and the other party cannot be deprived of the inheritance right just because they have not been in contact for many years.
Legal basis
Article 1125 of the Civil Code: An heir shall lose the right of inheritance if he commits any of the following acts: (1) intentionally killing the decedent; 2) killing other heirs for the purpose of competing for an inheritance; 3) Abandoning the decedent, or abusing the decedent, where the circumstances are serious; (4) Forging, tampering with, concealing, or destroying wills, where the circumstances are serious; 5) Using fraud or coercion to compel or obstruct the decedent's establishment, modification, or revocation of the will, where the circumstances are serious. Where the heir has committed the acts in items 3 to 5 of the preceding paragraph, and has truly shown repentance, and the decedent expresses forgiveness or later lists him as an heir in the will, the heir does not lose the right to inherit.
Where the legatee has the conduct provided for in the first paragraph of this article, he or she loses the right to receive the bequest. Sidekey.
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Summary. Hello, the reason why the son refused to support his mother and donated the property to the supporter was that the son of the decedent Dai refused to perform his statutory maintenance obligations, but claimed to obtain the real estate involved in the case through legal inheritance. The "Letter of Agreement" signed by the decedent Dai and the dependant Cai is a "bequest and maintenance agreement" in nature, and the agreement was signed under the witness of witnesses, which is an expression of the true intentions of both parties, and is legal and valid.
The reason why the son refused to support his mother and gave the property to the supporter was that the son of the decedent Dai refused to perform his statutory maintenance obligations, but claimed to obtain the real estate involved in the case through legal inheritance. The "Letter of Agreement" signed by the decedent Dai and the dependant Cai is a "bequest and maintenance agreement" in nature, and the agreement was signed under the witness of witnesses, which is an expression of the true intentions of both parties, and is legal and valid.
According to the provisions of the Civil Code, inheritance methods include statutory grandchild inheritance, testamentary succession and bequest and maintenance agreement. A bequest and maintenance agreement is an agreement signed between the testator and the supporter before his death, stipulating that the supporter shall bear the obligation of the testator to support the death and burial, and the testator will transfer part or all of his legal property to the supporter after his death. Zen.
According to the provisions of Article 112 Naihu 13 of the Civil Code, after the death of the successor to the bureau to inherit Tongmu, it shall be handled in accordance with the statutory inheritance; If the deceased made a will before his death, 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. It can be seen that a legally valid bequest and maintenance agreement is more effective than a statutory inheritance when the inheritance occurs.
Therefore, the blind carrying is the legal and valid "bequest and maintenance agreement" between the decedent Dai and the dependent, and its effect is better than the legal inheritance of the son of the decedent Dai.
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The right to give back the property to the son. Under normal circumstances, as long as the transfer of the donated property is completed quickly, the donor shall not repent. However, in accordance with the relevant provisions of the Contract Law:
If the donee has an obligation to support the donor but fails to perform it, the donor may revoke the gift. If your relative's son has an obligation to support your relative and fails to fulfill it, your relative has the right to give back the property to him. Gifts generally cannot be revoked, but you should be able to do so in this case, and it is recommended to find a lawyer to sue It is the obligation of children to support their parents, and they can sue.
Anyway, your relative's son is also a white-eyed wolf.
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If the donee has an obligation to support the donor and fails to perform his duties, the donor may revoke the gift. If your relative's son has a maintenance obligation to your relative and fails to fulfill it, your relative has the right to give back the property to him. The act of gift generally cannot be revoked, but you should be able to do so in this case, and it is recommended to find a lawyer to sue the child for supporting the father and the mother, and it is the child's obligation to sue.
Anyway, the son of your relatives is also a white-eyed wolf.
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