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According to your description:
1. The property in your parents' name belongs to the joint property of the two of them, and no one is 50%. In the case of your father's death, there is no will, that is, there is a legal inheritance. Only 50% of your father's legal inheritance is carried out, and the heirs are:
Your grandfather, your grandmother, you, your mother, no one is 1 4. So in this house your mother accounts for 1 2 + 1 4, and the rest of the people are 1 4.
2. Your grandfather and grandmother can express in writing that they will renounce their inheritance rights. And then you, your mother, your grandparents. Go to the notary office together to get a notarization of renunciation, so that the property belongs only to you and your mother, but the property is still not written in your name at this time.
Because there's your mother's share. If it wants to be written in your name, it can be given to you.
3. The investment property that your father bought, as long as it was purchased during the marriage with your mother, then the division method is the same as the first point.
4. The property obtained from the demolition of your grandparents belongs to the joint property of your grandparents. The promise was made to your father back then, but because there was no change in property rights, the promise was invalid. But if your grandparents still want to leave it to you now, then you can ask your grandparents to write a will, and after a hundred years, you will inherit it.
Otherwise, in the future, the grandparents will still inherit legally after a hundred years, and the children of the grandparents will have the right to inherit, and you will enjoy the right of subrogation because your father died first, that is, you can act as your father and enjoy the same rights as your uncles and aunts.
4. If your uncle and grandmother do not agree to give up the inheritance, then there is no way to deprive them of the inheritance right of the two old people at this stage. But as you said, I believe that the old man will not have a clear conscience, after all, you are his grandson.
Even if they don't give up the inheritance, then according to the rules of inheritance above, they only have a small share of the house, and most of it is under your mother's possession. Refer to the first point of division.
Hope it helps.
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The principle of inheritance is that in the absence of a valid will, legal inheritance occurs, spouse, parents, and children are the first-order heirs, your situation is more complicated, and it is difficult to explain clearly when asked, it is recommended to find a local lawyer for a detailed consultation.
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Property 1: It is jointly owned by your parents, each with half of the share, and the father's half is inherited according to the legal inheritance, and the grandparents can be persuaded to give up the inheritance;
Property 2: Same as 1;
Property 3: It doesn't count, and the promise has been unfulfillable.
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The father has passed away and the house is inherited in the order of inheritance.
The estate is inherited in the following order:
First order: spouse, children, parents.
Second order: siblings, grandparents, maternal grandparents.
The clarity of the order of inheritance provides a strong guarantee for the orderly division of the estate. At the same time, it should be noted that in the division of inheritance, the principles of equality between men and women, the care of the old and the young, the care of the sick and disabled, as well as mutual understanding, mutual accommodation, solidarity and harmony should be adhered to. Even if there is a will, the necessary share of the inheritance should be reserved for the heirs who lack the ability to work and have no livelihood, as well as the inheritance share of the fetus.
In order to realize the right of inheritance, you should first clarify whether you have the qualifications of the subject of inheritance, and if you have a will, you will inherit according to the will, and if you have not a will, you will inherit according to the law. After the commencement of the inheritance, either heir has the right to propose a division of the estate. If the negotiation fails, a lawsuit for inheritance may be filed with the people's court.
Legal basis:
Article 1127 of the Civil Code The inheritance of 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.
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 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.
The above content refers to Encyclopedia - Inheritance.
The above content refers to Encyclopedia - Civil Code of the People's Republic of China.
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Legal analysis: It is necessary to go through the inheritance transfer to the name of the heir before you can **.
Legal basis: Article 16 of the Interim Regulations on the Registration of Immovable Property The applicant shall submit the following materials and be responsible for the authenticity of the application materials
1) Application for registration;
2) Identification materials and power of attorney of the applicant and ** person;
4) Materials such as the site, spatial boundaries, and area of immovable property;
5) Explanatory materials on the interests of others;
6) Other materials provided for by laws, administrative regulations and the detailed rules for the implementation of these Regulations.
The immovable property registration agency shall disclose the information such as the catalogue of materials and model texts required for the application for Bitan registration in the office space and on the portal**.
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Legal analysis: If the house is acquired by the parents during the marriage, it can be determined that it belongs to the joint property of the parents in a high probability. Unless:
A house is purchased with the father's personal property (whether before or after the marriage of the parents) and the house is given to the father by someone else (e.g. the father's parents) or the father inherits the ancestor.
Legal basis: "Law of the People's Republic of China on the Management of Urban Real Estate" Article 61 To obtain land use rights by way of transfer or allocation, an application for registration shall be made to the local people's land management department at or above the county level, and the land use right certificate shall be issued by the local people's land management department at or above the county level.
If a house is built on the land for real estate development obtained in accordance with the law, it shall apply for registration with the local people's real estate management department at or above the county level with the land use right certificate, and the local people's real estate management department at or above the county level shall verify and issue a house ownership certificate.
When real estate is transferred or changed, it shall apply to the local people's ** real estate management department at or above the county level for registration of real estate change, and apply to the people's ** land management department at the same level for registration of change of land use right with the changed house ownership certificate, and the people's ** land management department at the same level shall replace or change the land use right certificate after verification by the people's ** land management department at the same level.
Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws.
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To handle inheritance, all the first-order heirs (spouse, children, parents) of the deceased need to go to the local notary office together to select the heirs to inherit, and if there is a renunciation, sign the renunciation agreement, and do notarization together.
To obtain a notarial certificate of inheritance, the selected heir and the spouse of the deceased shall apply to the housing authority to inherit the transfer of the house together.
Because the house was acquired during the marriage, the house was co-owned, so only half of the property rights could be inherited, and the other half belonged to the deceased's spouse.
Legal basis: Article 1127 of the Civil Code of the People's Republic of China The inheritance shall be carried out in the following order: 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 inherit; If there is no first-order heir, the second-order heir shall inherit.
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Legal analysis: If the parents die without a will, they can inherit the estate in accordance with the statutory method. Among them, if they belong to the heirs in the first order, in principle, each heir shall divide the inheritance equally.
Under special circumstances, it can also be divided unequally, mainly to take care of some heirs with special circumstances, and appropriately share some more inheritance. When there is no first-order heir, the second-order heir inherits. After the death of the decedent, if there is no will, the estate shall be distributed according to the statutory inheritance.
The specific distribution method is as follows: 1. The share of inheritance inherited by heirs in the same order should generally be equal. This is the general principle of the distribution of the estate in the legal succession, that is, the legal heirs in the same order should divide the estate equally.
The word "general" in this article refers to situations that are not specifically provided for by law. 2. Under special circumstances, the inheritance share of the legal heirs may be unequal.
Legal basis: Article 1127 of the Civil Code of the People's Republic of China The inheritance of inheritance shall be in the following order: (1) First order:
Spouse, children, parents. 2) Second order: siblings, grandparents, maternal grandparents. After the inheritance begins, the successor of Laqing will be succeeded by the first-order successor, and the successor of the second-order will 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 who have a relationship of support. "Brothers and sisters" as used in this Part includes brothers and sisters of the same parents, half-brothers and sisters, adoptive brothers and sisters, and step-brothers and sisters who have a relationship of support.
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Legal analysis: It is necessary to handle the inheritance transfer to the name of the heir before you can **.
Legal basis:Article 16 The applicant shall submit the following materials and be responsible for the authenticity of the application materials:
1) Application for registration;
2) Identification materials and power of attorney of the applicant and ** person;
4) Materials such as real estate boundaries, spatial boundaries, and area holes;
5) Explanatory materials on the interests of others;
6) Other materials provided for by laws, administrative regulations, and detailed rules for the implementation of these Regulations.
The immovable property registration authority shall disclose the information such as the catalogue of materials and model texts required for application for registration in the office space and on the portal.
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The house in the father's name is inherited by the father's spouse, children, and parents, provided that the father did not leave a will or bequest and maintenance agreement during his lifetime. If the father of the brother and grandson Guo has made a bequest and maintenance agreement before his death, the legatee can obtain the house in the father's name. If the father Chi Cong has made a will, the testamentary heir can obtain the father's house, and when the father does not have the above documents, the house will be divided equally among the spouse, children and parents in accordance with the legal inheritance.
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 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 1122 of the Civil Code of the People's Republic of China An estate is the lawful property left by a natural person when he or she dies. An inheritance that is not allowed to be inherited in accordance with the provisions of the law or according to its nature shall not be inherited.
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Legal analysis: the father's house in the father's name, the father passed away, the house belongs to whom, to see if there is a will, there is a will to determine who the property belongs to according to the will, and if there is no will, according to the legal inheritance order, all legal heirs inherit the property. 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, and if there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.
Hand Jujube Mountain. Legal basis: Civil Code of the People's Republic of China
Article 1121 Succession begins upon the death of the decedent.
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. There are other heirs, and the generations are different, and it is presumed that Changyan's friends died first; If they are of the same generation, they are presumed to have died at the same time, and no inheritance occurs between them.
Article 1122:Inheritance is the lawful property left behind by a natural person when he or she dies.
An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.
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.
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