What are the rules of inheritance of inheritance

a) Inheritance must begin after the death of the decedent. If the decedent does not die, the inheritance relationship will not occur, and only after the death of the decedent will the inheritance right become a vested right. To realize the right of testamentary succession, there must be a legal will made by the decedent and the decedent has died, otherwise the testamentary succession relationship will not occur.

If the parents are still alive, their children cannot inherit the real estate. It is okay for parents to donate their property to their children if they wish, but this kind of behavior is called a gift during life, not an inheritance.

2) The person who inherits the estate must be the legal heir of the decedent, that is, the legal heir or testamentary heir. The legal heirs determined by China's inheritance law are: spouse, children, parents, siblings, grandparents, and maternal grandparents.

3) The inheritance obtained by the heir in accordance with the law must be the lawful property owned by the deceased during his lifetime or other lawful property rights and interests that can be inherited in accordance with the law. Inheritance of joint family property, joint property of husband and wife and partnership property without division shall not be carried out as inheritance. Property like this must be divided, and the part that belongs to the deceased personally is the inheritance.

All illegally acquired property does not belong to the inheritance and may not be inherited.

Hello, there is no such thing as "bringing property inheritance" in the law, please elaborate on the legal issues you want to understand.

Legal analysis: Real estate inheritance, like other inheritance, refers to the legal act of transferring the ownership of the decedent's house and its land use right to the heir in accordance with legal procedures. Real estate inheritance is a way to obtain ownership and use rights.

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 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, illegitimate children, adopted children, and dependent stepchildren.

The term "parents" in this part of the Hail Calendar includes biological parents, adoptive parents, and dependent Qingshou stepparents. 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.

Legal Analysis: The estate is inherited according to the will of the decedent. Following the beginning of the succession of Qin Xiaozhi, it shall be handled in accordance with the statutory inheritance; 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.

Legal basis: According to Article 1123 of the Civil Code of the People's Republic of China, after the commencement of inheritance, it shall be handled in accordance with the statutory inheritance; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; If there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

Legal analysis: The original filial piety of inheritance includes: 1. The principle of mutual understanding and mutual accommodation, unity and harmony.

2. The principle of protecting citizens' legitimate property inheritance rights. 3. The principle of equality of inheritance rights. Fourth, the principle of consistency of rights and obligations.

The law stipulates that after the commencement of inheritance, it shall be handled in accordance with the statutory inheritance.

Legal basis: Article 1121 of the Civil Code Inheritance begins when the decedent dies.

Where several persons who have a relationship of inheritance with each other die in the same event, and it is difficult to determine the time of death, it is presumed that the person who has no other heirs dies first. If there are other heirs, and the generations are different, it is presumed that the elder died first; If the generation is the same, it is presumed that Qiaola died at the same time, and there is no inheritance between them.

Article 1122 of the Civil Code An inheritance is the personal lawful property left by a natural person upon his death.

An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.

The Property Inheritance Act regulates the act of the heir transferring the inherited property to the heirs in accordance with the provisions of the Inheritance Act. This is a way of conveyancing real estate. However, this means of transfer is mainly the transfer of land use rights or house ownership, rather than directly reflecting the relationship between commodities.

Inheritance is a legal system, and inheritance can only occur under certain conditions.

1.Inheritance should take place after the death of the deceased (in the process of inheritance, the person who leaves the property).

This is the first condition of inheritance. It is also legal for some property owners to transfer property rights to one or each of their children's heirs before they live in order to avoid disputes arising from future heir disputes over the property. 。

But this is not an inheritance, because the inheritance has not yet begun, but an act of donation before they die.

2.The person who inherits the estate shall be the legal heir of the heir, that is, the heir who can be the heir according to law.

This is the second condition of inheritance. If the heir makes a will and distributes the property to someone other than the legal heir, or donates it to the state or collective, this is also how the heir disposes of the estate, but this is not an inheritance but a bequest.

The estate should be inherited and owned by the individual. This is the third condition of inheritance. Some properties are common, such as joint ownership between husband and wife, where not all property becomes an inheritance when one of the spouses dies.

In this case, the property shall be divided into the share of the spouse (except for the agreement, which shall generally divide half of the share of the property) and then inherit the estate.

After the commencement of the inheritance, it shall be treated according to the legal inheritance: if there is a will, it shall be treated according to the testamentary inheritance or inheritance; If there is a legacy maintenance agreement, it should be handled as agreed. If, after the death of the deceased, a will or an estate maintenance agreement is entered into with a social organization or individual, the estate shall be disposed of first in accordance with the contents of the will or legacy maintenance agreement.

If there is no will or agreement, it should be dealt with according to statutory succession.

Legal succession shall be inherited by the heirs in accordance with the law, and shall be inherited in accordance with the order of succession and the share of inheritance. The legal heirs under the inheritance law are spouses, children, parents, siblings, grandparents, and grandparents.

An inheritance order refers to an order of succession for an heir. The law of inheritance divides heirs into two orders of succession:

First order: spouse, children, parents;

Second order: siblings, grandparents, grandparents.

After the inheritance begins, it is inherited by the first-order successor, and there are no first-order successors (including no first-order inheritance).

If one person and all heirs in the first order renounce or lose their inheritance rights, the heirs in the second order will inherit those heirs.

The inherited share refers to the equal share inherited by the heirs in the same order. For those with special difficulties, minors and deficiencies.

Heirs who lack the ability to work and have no livelihood** should take care of them and distribute more people properly. If the heirs who have the ability and conditions to maintain do not have a duty to maintain, they may not divide the estate equally or less. Heirs can divide the inheritance equally or unevenly by consensus, which is especially important in the inheritance of real estate.

1. There is no "Housing Inheritance Law", only the "Inheritance Law of the People's Republic of China".

2. Look at what you said: should your father die first, your mother died later, and your second brother has your mother's notarized will in his hand saying that the house is all for him? The following analysis is based on this, if there are differences, please add.

3. "Does his method of dividing the house meet the legal requirements?" ": Not legal.

1) If you have your mother's notarized will that the house belongs to him: half of the house will go to your mother, and the other half will be your father's estate, which will be inherited by your mother and your brothers, usually equally; Of these, your mother's share (half of herself + her share of your father's estate) goes to your second brother, and the other three of you get 1 10 of the house.

2) If there is no will from your mother: the house should be divided equally between your four brothers.

3) Divide the house now: It should be divided at the current price.

4. "Can he successfully transfer the house without my signature?" ”：

1) If my assumption is correct (i.e., your father dies first, your mother dies later, your father does not have a will, and your mother has a notarized will): then he cannot pass without your signature. It must be signed by all four of your brothers at the same time.

2) I will ask him to inform you to sign at the notary office: I must not be able to do it, so I asked you to sign.

Since the inheritance law stipulates that the heirs in the first order are parents, spouses, and children, it depends on the situation of the family members at the time of your father's death. At this time, it also depends on whether the property is the joint property of the husband and wife, if it is the joint property of the husband and wife, half of it should be divided to your mother first, and the remaining half should be divided equally by the grandfather, grandmother, mother, and brothers.

You only said that "when his mother was alive, he also found an impartial person to let his mother press his fingerprint and agree to give him the house", and did not make it clear whether this act was a notarized will? Or is it a notarial gift? Because you didn't explain the situation clearly, I can't make a judgment.

However, whether it is a notarized will or a notarized gift, your mother only has the right to dispose of her share of the property, because there are other people's rights in this property, and the housing authority will definitely not transfer the property to your second brother's name without figuring it out.

If there is an inheritance dispute over this property, it is recommended to appoint a professional lawyer to intervene.

No, it must be handled by all the heirs.