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Of course, the property can be divided, if the old man did not have any other wills during his lifetime.
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Of course, you can divide the property, whether it is a son or a daughter, it is their obligation and private responsibility to support their parents, and the inheritance should also be treated equally, and you have the right to cultivate the land you said before the next division of the land, and if the land is redivided, the deceased will be gone, because the land belongs to the collective, not the personal inheritance.
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When their father was alive, both sisters received pensions. My father is gone. If there is no will, the sisters can divide the property equally. If there is a will, follow the will.
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Yes, after the death of their parents, all children have the right to inherit, and most of the property distribution is negotiated by the children.
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Agricultural land belongs to the state, no one has the right to allocate, should be owned by the state, although, brothers and sisters can have it before, but their father is gone, they also lost this right, although, the same is farming, but if the married woman moves out at the end of the hukou, then it is not necessarily, the current land, is the state allocation of 30 years will not change, that is, within the years, will not change.
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Yes, it is the responsibility and obligation of every child to support their parents, and every child has the right to inherit their parents' estate, unless the elderly leave a special will.
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Of course, you can get a share of the inheritance, if your father did not make a will to give property to someone during his lifetime, then the children have the obligation to support the elderly and the right to share the inheritance.
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The father is gone, and as a woman, she also has the right to inherit the inheritance, not to mention that the daughter also bears the obligation of support.
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Legal analysis: if there is no will and bequest maintenance agreement, the siblings of the parents have no right of inheritance, the estate is carried out according to the statutory inheritance, and 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.
Legal basis: Civil Code of the People's Republic of China
Article 1127 Inheritance shall be inherited 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, 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 1129:Where a widowed daughter-in-law has fulfilled the primary obligation of support to her parents-in-law, or a widowed son-in-law has fulfilled her primary obligation to support her parents-in-law, she is to be the first-order heir.
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The inheritance of brothers and sisters can be divided, China's law clearly stipulates that brothers and sisters belong to the second in line of succession, in the absence of the first heir, can be inherited by brothers and sisters, but if there is a will, the property should be disposed of in accordance with the terms of the will.
Article 1125 of the Civil Code of the People's Republic of China Where an heir commits any of the following acts, he shall lose his right of inheritance:
1) Intentionally killing the decedent;
2) Killing other heirs for the purpose of defending the inheritance;
3) Abandoning the decedent, or abusing the decedent, where the circumstances are serious; (4) Forging, altering, concealing, or destroying a will, where the circumstances are serious; (5) Using fraud or coercion to compel or obstruct the decedent from establishing, modifying, or withdrawing a will, and the circumstances are serious.
Where the heirs have the conduct in items (3) through (5) of the preceding paragraph, and truly show repentance, and the decedent expresses forgiveness or later lists them as heirs in the will, the heirs do not lose their inheritance rights. Where the legatee has the conduct provided for in the first paragraph of this article, he or she loses the right to be bequeathed.
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Legal analysis: First of all, it is necessary to determine whether the distribution is the parents' property or the children's own property, whose own property is claimed by the individual, and the parents' assets are decided by the parents or jointly negotiated by the family.
Legal basis: Civil Code of the People's Republic of China
Article 5: Civil entities engaged in civil activities shall follow the principle of voluntariness and establish, modify, or terminate civil legal relationships according to their own will.
Article 1075:Older brothers or sisters who are able to afford it have an obligation to support a minor brother or sister whose parents have died or whose parents are unable to support them.
The younger brothers and sisters who are raised by their brothers and sisters and have the ability to afford them have the obligation to support the brothers and sisters who lack the ability to work and lack the ability to live.
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If there is a will, the estate is divided according to the will. If there is no will, the relevant laws stipulate that if the decedent's children die before the decedent, the decedent's children shall be subrogated by the blood relatives of the decedent's children. 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.
Civil Code of the People's Republic of China
Article 1128:Where the children of the decedent die before the decedent, the blood relatives of the children of the decedent are to inherit by subrogation. 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.
Article 1130:The share of inheritance inherited by heirs in the same order shall generally be equal. Heirs who have special difficulties in living and lack the ability to work 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 an heir who has the ability and the capacity to support does not fulfill his obligation to support, the inheritance shall be distributed without or less. Where the heirs agree through consultation, it may also be unequal.
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