Can the adopted daughter on the hukou inherit, and does the adopted daughter with the hukou have the

Updated on society 2024-05-04
5 answers
  1. Anonymous users2024-02-09

    First, whether the adopted daughter (stepchild) has the right to inherit should be looked at separately:

    1. First of all, it is necessary to see whether the party left a will before his death, and if there is a will, the will shall prevail;

    2. If there is no will, according to the legal inheritance, there is the right of inheritance between the adopted daughter (stepchild) and the remarried parents as long as there is a maintenance relationship, otherwise, there is none.

    Article 5 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 9: Men and women are equal in inheritance rights.

    Article 10 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. If there is no first-order heir, the second-order heir shall inherit.

    The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren.

    The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents.

    The term "brothers and sisters" in this Law includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

    Article 11: Where the children of the decedent die before the decedent, the descendants of the decedent's children are to inherit by subrogation. A subrogated heir can generally only inherit his father's or mother's share of the estate.

    Article 12: Where a widowed daughter-in-law has fulfilled the primary obligation to support her father-in-law or mother-in-law, or a widowed son-in-law to her father-in-law or mother-in-law, she is to be the first-order heir.

  2. Anonymous users2024-02-08

    My uncle is gone, can I inherit my uncle's property if I have an adopted daughter in my household registration? My uncle's brother can get some no.

  3. Anonymous users2024-02-07

    Legal analysis: If the decedent did not leave a will and the estate was inherited according to the law, then the adopted daughter could be inherited. In the case of inheritance, children include legitimate children, illegitimate children, adopted children, and dependent stepchildren.

    Legal basis: Article 1127 of the Civil Code The inheritance of the estate 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. 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.

  4. Anonymous users2024-02-06

    Legal Analysis: Depends on the circumstances. If the decedent did not leave a will, and the estate is disturbed by the legal inheritance, then the adopted daughter can inherit.

    Because the adopted daughter has a household registration book, indicating that the adoption procedure is not established in accordance with the law, that is, the adoption relationship has not been established in accordance with the law, the rights of the adopted child and the biological child are the same.

    Legal basis: Article 111 of the Civil Code provides that from the date of the establishment of the adoptive relationship, the rights and obligations between the adoptive parents and the adoptive children shall be governed by the provisions of this Law on the relationship between parents and children; The provisions of this Law on the close kinship relationship between children and their parents apply to the relationship of rights and obligations between adopted children and the close relatives of their adoptive parents. The relationship of rights and obligations between the adopted child and his or her biological parents and other close relatives shall be extinguished by the establishment of the adoption relationship.

  5. Anonymous users2024-02-05

    Children do not have the right to inherit in the family register. According to the law, the first order of heirs is the spouse, the children, the parents, and the children thereof, including legitimate children, children born out of wedlock, adopted children and dependent stepchildren. Therefore, even if the child is not in the household register, as long as it is a child as stipulated in the law, he or she has the right to inherit according to law.

    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, grandparents. After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not. If there is no heir in the first order of succession, the heir in the second order shall inherit it. 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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