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Because the registered name of the property does not represent the ownership of the property, after the death of the parents, whether there is inheritance depends on who owns the house. If the parents only completed the registration and did not give it when they were alive, then the first heir in line has the right to inherit. If the gift is completed at the same time as the registration, then the property belongs to the child who was given it, and no one else has the right to inherit it.
Now the inheritance of real estate in our country, completely according to the ideas of parents, can be left to children, can also be donated to the state, or even left to strangers. It is often seen on the news that so-and-so elderly people leave their property with a nanny or often take care of their neighbors.
1. See if there is a gift In the eyes of many people, whose name is registered in the real estate must be whose real estate, but in fact this is not the case. Judging from the provisions of the Property Law, the registered real estate does belong to the children, but there is evidence that the parents contributed the capital, and there is no clear gift relationship, which can be determined as a creditor's right and a debt relationship. The parents' claims and debts are also within the scope of the children's inheritance, and the other children also have the right to inherit at this time.
Of course, it needs to be clearly stated here, and in the absence of a declaration and agreement, the house is tantamount to being given to the children. It is the personal property of the child, and after the death of the parents, the other siblings cannot inherit it.
2. Inheritance Inheritance is a very complicated thing, not that children will be able to inherit their parents' inheritance. Now there are more explanations about inheritance, everything is in accordance with the wishes of the parents. They can give to whomever they want, and the law only respects their opinions.
In addition, even if the parents do not explicitly give it to others, it will be inherited by the first heir, and it will depend on the usual support.
Children who are able to do so but do not have the obligation to support them should be given less or no real estate in accordance with the law. In law, there is another way of saying that it endangers the rights and interests of parents and deprives them of inheritance rights. At this time, if you do not get forgiveness from your parents, you are not eligible to inherit.
3. For rural people, most of them directly ask relatives and friends to testify after their children get married. But the people in the city are different, and there are few talk of separation. In the absence of a will from the parents, there may be a situation where the children will turn against each other for the sake of the inheritance.
Nowadays, more and more people are making wills, whether they are old or young, and it is recommended to make a will for themselves in advance. Especially in families with many children, it is necessary to plan ahead in order to avoid disputes. Moreover, the will can be modified, and when you are not satisfied, you can also re-plan the ownership of the property.
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Sometimes people's hearts can't stand the test, and the family fights to the death for property, but in the end it is empty, not only can they not get money, but they also lose their relatives. In families with many children, it is difficult for parents to achieve a bowl of water, either large or small, and sometimes there is a gap between siblings because of the eccentricity of their parents. Regarding the parents' real estate, if the parents are alive, the real estate is left to the parents for the elderly, if the parents are gone, it is generally inherited equally by the first heir, and the first order of heirs includes spouse, parents and children, and if there is a will, it is distributed according to the will.
If the parents register the house in the name of one of the children, it will be more troublesome if the parents pass away to distribute the property, and if the parents give the house to the child, then the house belongs to the child and has nothing to do with the others.
First, it depends on whether the parents have donated the property to the child. Who owns the house depends on the wishes of the parents, so whether the other children of the property have the right to inherit also depends on the wishes of the parents. However, it is not clear whether the will is at all, especially if the parents die without leaving a will, the children may have disputes because of this.
2. In the case of a gift, the other children have no right of inheritance. If there is evidence to prove that the house was given to the child, then the house has nothing to do with the other children, and the gift is the gift of the house, and whoever the house is given to is whoever the house is given. In this case, the other children have ideas and can not do anything, because the gift is legally recognized.
3. In the absence of a gift, other children have the right to inherit. If it cannot be proved that the house has been given to the child, then the property is still owned by the parents, and the other children have the same inheritance rights. In this case, inheritance is in accordance with the legal order of succession, and in addition to children, parents and spouses have the right to inherit.
Therefore, who owns the property mainly depends on what kind of property the parents characterize.
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If there is no clear will for one child, then the other children also have the right to inherit, but the proportions are not the same.
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When inheriting a property, it is based on the name on the title deed. Even if the parents pay for the house, as long as the name on the house book is the child. Then the other children have no right to inherit.
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Personally, I feel that other children also have the right to inherit, as long as the children who are related to their parents by blood generally have a share and have the right to inherit.
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Yes, although the property is registered in the name of the child, the right to control is still in the hands of the parents, and the parents have absolute control and decision-making power.
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[Legal Analysis].
Some. After the death of the father, the estate is inherited by the spouse, children, and parents. In the case of the division of the real estate jointly owned by the father and the son, the son's property shall be divided first, and the rest of the father's estate shall be inherited by his spouse, children and parents.
Real estate inheritance refers to the legal act of transferring the ownership of the house left by the decedent 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. When inheritance occurs, if there are multiple heirs, the property should be divided in accordance with the will and relevant laws and regulations, and the original property right certificate, will and other materials should be transferred to the competent department.
The agreement of the heirs to divide the joint property is effective as long as each heir agrees and signs, and no heir may breach the contract.
Legal basis] Civil Code of the People's Republic of China Article 1127 The inheritance of inheritance shall be in the following order: (1) the 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.
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Summary. Hello, in the absence of a will from the parents, the ownership of the house is owned by the rightful holder on the house ownership certificate. After the death of a parent, only the property of the parent can be inherited as an inheritance. Therefore, the other children of the house are not entitled to inheritance.
If the parent's property is registered in the name of one of the children, do the other children have the right to inherit?
Hello, the parents' property is registered in the name of one of the children, and the other children have no inheritance rights. Because the houses purchased by the parents before their deaths were written in the names of one of the children, it is deemed that the two houses of Beihu have been donated to one of the children, and one of the children did not raise any objections, and forgot to accept the gift, and the gift contract was established, and the two houses were the personal property of one of the children, not the common property of the parents.
Hello, in the absence of a will from the parents, the ownership of the house is owned by the rightful holder on the house quarrel ownership certificate. After the death of her parents, only the property of her parents can be inherited as an inheritance. Therefore, the other children of the house have no right to inherit.
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The names of the father and son are written on the real estate deed, and the other children have the right to inherit, but can only inherit the father's part of the property
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Other children have the right to inherit their father's share, while other children of the son cannot inherit.
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There is an inheritance! I have the right to inherit my father's share.
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If it is the inheritance of the parents, the children have the right to inherit. The addition of the title deed does not affect the inheritance.
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If he is okay alone, for example, if I don't have other children, he won't be able to do it.
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If the parent's property is registered in the name of one of the children, do the other children have the right to inherit?
Hello, in China, the parents' property is registered in the name of one of the children, and the other children also have the right to inherit. According to the Inheritance Law of the People's Republic of China, the property of the parents should be divided equally among the children, regardless of whether the property is registered in the name of a particular child. Therefore, even if the parents' property is registered in the name of one child, the other children still have the right to inherit and should divide the parents' property equally.
However, if the parents give the property to a child during their lifetime, and the conditions and restrictions of the gift are clearly specified in the gift contract, then the other children may be affected, and the specific situation needs to be analyzed according to the specific contract. <>
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