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Hello, the situation you mentioned needs to be looked at on a case-by-case basis.
In the first case, are your grandparents dead now? If your grandparents have not died, then the property is not part of the estate, which is the legal property left by the individual at the time of the death of the citizen. Then, if the grandparents transfer the property in their names directly to you, it is a gift to you and a legal disposition of their property.
In the second case, if your grandparents have passed away, but left a legal will or bequest agreement before their death, and the property in their name will be handed over to you to inherit, then in this case, the property belongs to you, and there is no such thing as inheriting the inheritance of both parents.
In the third case, if your grandparents have passed away and did not leave any will before they died, then the grandparents' property must be inherited by their legal heirs according to the law. After the inheritance begins, it will be inherited by the first-order heirs, and the second-order heirs will not inherit, and if there is no first-order heirs, it will be inherited by the second-order heirs. The first-order heirs include the children and parents of the grandparents, and the second-order heirs include siblings, grandparents, and maternal grandfathers.
Therefore, you are not a legal heir and cannot receive an inheritance belonging to your grandparents. However, if your parents died before your grandparents, then you can subrogate your father's share of the inheritance. Or, after the death of your grandparents but before the division of property, your father dies, then your father's share of the inheritance will also be transferred to his legal heirs, that is, you.
According to Article 1122 of the Civil Code of the People's Republic of China, "an estate is the personal lawful property left by a natural person when he or she dies. "It mainly includes income, housing, savings and daily necessities, copyrights, property rights in patent rights, and other legal property of citizens.
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If, the grandfather made a will, clearly transferring the house to the grandson. Then you can give the house to your grandson.
According to Article 16 of the Inheritance Law, a citizen may make a will to dispose of his personal property in accordance with the provisions of this Law, and may appoint an executor.
A citizen may make a will to designate personal property to be inherited by one or more of the legal heirs.
Citizens may make a will to donate their personal property to persons other than the state, the collective, or the legal heirs.
Article 5 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.
If there is no Will, the estate shall be inherited in the following order in accordance with Article 10:
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. If there is no first-order heir, the second-order heir shall inherit.
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1.When the grandparents are alive, the house is directly transferred to the granddaughter: it belongs to the grandparents who donate the property to the granddaughter free of charge, not inheritance.
Neither the inheritance of the parents nor the inheritance of the grandfather.
2.If your grandparents pass away: if you want to transfer the property to your granddaughter's name, you need your father and your uncles, aunts and uncles to sign and agree to give up the inheritance.
This is not an inheritance, but a gift from your father and your uncle and uncle.
3.To inherit your parents' estate, you should inherit the property already in your parents' name after your parents die.
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The grandparents transfer the property to their granddaughter, not to inherit the inheritance, but to give it.
Only after the death of grandparents and the transfer of property to granddaughters can they be considered subrogated to their parents.
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In this case, it is not considered inheritance, if you transfer the property directly, the cost will be slightly higher, and if you sell it directly, the cost will be lower, and the inheritance of grandparents can only be inherited by children, and grandchildren do not have the right of first succession.
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This should not be counted, it is the inheritance of grandparents directly to the grandchildren, and it all depends on the wishes of the elderly.
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It does not count as inheriting the inheritance of both parents.
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Whether grandchildren have the right to inherit the property of grandparents depends on the situation and is as follows:
1. If the grandchild's father dies before the grandparents, the grandchildren can inherit the inheritance that their father has the right to inherit by subrogation;
2. Or when the grandparents make a will for the grandchildren to inherit the estate, the grandchildren also obtain the right of inheritance.
The conditions required for subrogation are as follows:
1. Subrogation must be omitted, and the heir must die before the decedent; That is, the child must die before the parent;
2. The person who has the right of subrogation is limited to the direct blood relatives of the younger generations of the decedent; and is not limited by seniority; grandchildren, great-grandchildren have the right to subrogation; The collateral blood relatives and the direct blood relatives of the elders of the decedent do not have the right to subrogation;
3. The subrogated heir is not one person or several people; Generally, you can only inherit the share of the estate that the father or mother is entitled to;
4. The heir loses the right of inheritance due to violation of the law; Immediate blood relatives of younger generations shall not be subrogated.
Legal basisArticle 1128 of the Civil Code of the People's Republic of China.
Where the decedent's children die before the decedent, the decedent's children are to be subrogated by the direct descendants of the decedent's blood relatives.
If the decedent's siblings die before the decedent, the children of the decedent's siblings shall inherit by subrogation.
Subrogated heirs can generally only inherit the share of the estate to which the subrogated heir is entitled.
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1. If the real estate certificate is written in the grandfather's name, then it can be directly transferred to the grandson.
The premise is that the grandson must be at least 18 years old, and if he is under 18 years old, the guardian must go to the guardianship notarization and then transfer the ownership.
2. If the grandfather is alive and the real estate certificate has been completed for 5 years, it is best to choose direct transfer.
It is also possible to notarize a will, but the notarization of a will can only take effect after the death of the elderly.
3. When the old man is alive, the house is the private property of the old man, and the transfer of the property of the private department does not require the intervention of other personnel.
Therefore, if the old man is willing, regardless of whether your father agrees or not, he can transfer the property to your name.
What you mean by renunciation of inheritance notarization means that there will be a succession after the death of the elderly
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Legal analysis: The granddaughter has the right to inherit the real estate of her grandparents, but the granddaughter does not belong to the legal heir of the first order. If the grandfather left a will, or if the father dies, the granddaughter can inherit the estate according to the provisions of the will or subrogation.
Legal basis: Civil Code of the People's Republic of China
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.
Article 1127 Inheritance 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. 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.
The term "parents" as used in this Part includes biological parents, adoptive parents, and step-parents who have a relationship of support. For the purposes of this Part, we refer to brothers and sisters as brothers and sisters, half-siblings, adoptive siblings, and step-siblings who are in a dependent relationship.
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If it belongs to your grandmother, then she has the right to dispose of the property.
If the house in the name of the grandparents is directly transferred to the granddaughter, is it considered to inherit the inheritance of both parents?
Is it okay for my grandmother to transfer the property to my aunt's daughter without my knowledge?
For your question, I will give you a specific typing analysis, you wait for me a little longer, please don't worry about your question, I will give you a specific typing analysis, you wait for me a little longer, please don't worry if the property is in your grandmother's name.
If it belongs to your grandmother, then she has the right to dispose of the property.
If your grandmother is not at fault in her will, all those who have the right to inherit can claim a share of the estate, and if your grandmother herself transferred the property.
Then she has the right.
Then the other grandchildren have no inheritance?
The property has been disposed of.
Others have no right to inherit.
Whoever transfers the house belongs to whomever it is.
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