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Statutory inheritance is in accordance with the provisions of the law, and the heirs inherit according to the order of inheritance and the share of inheritance. The legal heirs under the Inheritance Law are: spouse, children, parents, siblings, grandparents, maternal grandparents.
The order of inheritance refers to the order in which the heirs inherit the estate. The Inheritance Law divides heirs into two orders of succession:
First order: spouse, children, parents;
Second order: siblings, grandparents, maternal grandparents.
After the inheritance begins, it will be inherited by the heirs in the first order first, and there will be no heirs in the first order (including no first-order succession).
If a person has a first-order heir but gives up or loses the right of inheritance, the second-order heir shall inherit the succession.
The inheritance share means that when the heirs in the same order inherit the estate, the shares are generally equal. For people with special difficulties, minors, and absent.
Heirs who lack the ability to work and have no livelihood should be taken care of and appropriately distributed some inheritance. For heirs who have the ability and conditions to support them, if they do not fulfill their obligation to support them, they shall not share or share a small amount when distributing the estate. The heirs can divide the estate equally or unequally by mutual agreement, which is especially important when it comes to property inheritance.
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If the house is your father's personal property, then it is divided equally among the four people.
If the house is the joint property of your parents (although the title deed is in your father's name, it may be joint property), then your mother will share half of it first, and the rest will be divided equally among the four of you.
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If the house is a joint property, half of it belongs to your mother, and the remaining half is inherited by your mother, grandmother, sister and you. In other words, your grandmother, sister, and you each get one-eighth of the house, and your mother gets five-eighths.
If it's personal property, it's a quarter of each of grandma, mom, sister and you.
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Your mother will divide half first, and the remaining half will be divided equally between you, your sister, your mother and grandmother.
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If you can prove that it belongs to your father's estate, your uncle has no right to inherit.
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Hello, in this case, you can go to the housing authority to register the change and inherit your father's property alone.
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You negotiate with your uncle and uncle to settle the matter, and if it fails, sue for division of property. Are your grandparents alive?
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It is sufficient to negotiate the registration of the change of housing property rights.
Lawyer Hou Jianhuai.
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If the title deed is not in your father's name, you can only get 1 3 of the property;
If the title deed is in your father's name, you can ask your two grandfathers to move out, and if you don't move, you can sue them.
You didn't make it clear about the key points.
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If one of your grandparents is there, you can first figure out whose name the real estate certificate is, if not, you can ask your uncle to show you whose name the real estate certificate is, if it is your father's, you can kick them out, it's all yours. If they don't show it, you ask a lawyer to ask them to take out the real estate certificate to see, or appeal, you can know who it is by looking at the name of the land certificate, if it is your grandfather's, then your father's brothers and sisters have a share, and ask for a property analysis [property analysis] After knowing how much each copy is, you will know how much your father should have, and then you can inherit your father's share after completing the formalities, you can do whatever you want. Hope it helps.
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You can negotiate with the other party. It is recommended that you consult and hire a lawyer to resolve it for you. Rest assured, you are perfectly fine to inherit your father's legacy.
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1. I don't know if you've seen the name on the real estate certificate, if your uncle lets you see it, it's even better. If you are not allowed to see it, you can go to the housing authority to check whose name is registered on the title deed, so as to determine whether the ownership of the house is your father's inheritance.
2. In addition, you need to determine whether the house belongs to the joint property of your parents, so that you can determine whether the scope of your father's estate is half or all.
3. Your father's estate will be inherited by you, your mother, and your father's parents, that is, your grandparents (while your father was still alive when he died), so that you can determine who owns the house now, and then see how to protect your rights.
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The first thing you need to do is make sure that part of the property belongs to your father.
If it is good, it can be inherited directly.
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1. The current three people are all the first heirs in line and have equal inheritance rights.
2. Although your mother's name is not on the real estate certificate, the house is the property right of the house jointly funded by your parents after marriage, so the house is the joint property of your parents, and your mother owns half of the property rights. For your father's half, your mother has no right to decide on the matter of inheritance.
3. According to what you said, the new house is your sister's personal property (1, your sister's capital contribution 2, the real estate deed is your sister's name), so your parents have no right to interfere with the new house, even if there is a relevant verbal promise, it is invalid. But your parents have the right to dispose of the old house, and if your parents have mentioned that the old house will not be left to your sister, then your sister is not entitled to inherit the share of the old house. However, relevant evidence must be provided to prove the authenticity of the verbal promise at the time.
If you can't prove it, then your sister still has the legal right to inherit.
4. If you can't prove the decision on the disposal of the house agreed between your father and your mother before his death, then your sister has the same legal inheritance rights as you, and not being able to marry in law has no impact on the inheritance rights.
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Immediate family members are first-order heirs, sons, daughters, etc.; Here they are: grandchildren, granddaughters, etc.
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1. On the question of whether you have the right of inheritance, your brothers and sisters should have the right of inheritance (but the share can only jointly inherit 50% of the inheritance left by your grandparents). According to the relevant provisions of China's inheritance law, if the heir dies before the decedent, the children of the heir enjoy the right of subrogation, that is to say, your brothers and sisters have the part of the inheritance left by your grandparents on behalf of your father.
2. Because your uncle forged relevant evidence without notifying or informing you (if you don't forge it, you can't go through the relevant procedures for inheritance) and realize the transfer of property rights, which is illegal.
3. According to the relevant provisions of the Civil Procedure Law of the People's Republic of China, the right holder may file a lawsuit with the people's court to claim his legitimate rights and interests within two years from the date on which he knows that his legitimate rights and interests have been infringed. In other words, if you want to file a lawsuit in this case, the statute of limitations is 2 years (from the date you knew or should have known that your rights and interests had been infringed).
4. The time you know or should know should be the time when you do know that your uncle has handled the transfer of property rights through notarization. In this case, the statute of limitations should be within two years, and you have the right to prevail.
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