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Is there a Will? Did you transfer the property to your granddaughter before her death?
If there is none, then it will be in accordance with the legal inheritance, and the grandfather's spouse, parents, and children can all enjoy the right of inheritance. So if the uncle doesn't give up, there is no way. And it doesn't mean that the uncle can give it directly to his granddaughter if he gives up, other children can inherit it, and it is not the granddaughter's turn.
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When the grandfather passed away, there are two ways to give the property in his name to his granddaughter, one is to sign a gift contract and take effect from the date of signing the gift contract, and the other is to make a will (valid will); Otherwise, the uncle is unwilling, and he must inherit according to the provisions of the inheritance law, and I wish your family and all the best!
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If the grandfather has a will during his lifetime, he can let the granddaughter inherit the grandfather's property according to the will. If there is no written will, an oral will with a recorded will will will also do. If there is no form of will, then the only way to divide the property is for all the grandfather's heirs to inherit and divide the property, according to the law.
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If you don't have a will, you can only follow the order of legal succession.
If you don't want to, you either give some money or go through the procedure.
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Your grandfather didn't do this when he was alive, he just verbally said that he wanted to give it to his granddaughter, and he didn't make a notarized will, so he could only inherit according to legal procedures after his death, and the uncle was unwilling to give up the inheritance, so he had his share of the property.
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Hello! Here's what you can answer.
1.If the grandfather did not leave a will during his lifetime, he can only divide the property according to the inheritance law of our country.
2.According to the inheritance law, the grandfather's property is divided equally among all the grandfather's children, and the uncle is unwilling to give up the inheritance, and his share should be compensated with money or other means.
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If the uncle is unwilling to give up, then find out the evidence that he said that he inherited and lost his daughter during his lifetime, and the reason, without this, his uncle has the right to his father's property.
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If the grandfather has a will, and the will states that the property will be given to the granddaughter, then no one else has the right to claim the inheritance.
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If you want to give the useless person to the death, how can there be evidence.
Either make a will or transfer the property during your lifetime.
When a person dies, it's useless to say anything.
For the sake of family harmony, let's spend money to solve it.
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Generally speaking, if there is no will, and the will is not notarized, the grandfather's property can be inherited and has the right to inherit. If a will is made to bequeath property to her granddaughter, her granddaughter is entitled to inheritance. Normally, the granddaughter will not receive the right of inheritance, only when the father dies, the granddaughter will have the right of subrogation to inherit the father's inheritance.
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It can be inherited to the grandson, as long as the immediate family agrees, the house can be given to the grandson, because the heir has the right to dispose of the house.
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If all the heirs agree, the grandson can inherit the house, and the grandmother has half of the property rights, and if the grandmother agrees to the grandson, then the house can be inherited to the grandson.
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Yes, as long as the heirs agree and both parties agree on it, the house can be given to whoever they want.
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Legal Analysis: If the grandfather has a will to designate the house for the grandson or the grandson has a maintenance agreement with the grandfather, the grandson can inherit it. If there is no will or bequest maintenance agreement, the estate will be inherited by the spouse, children and parents, and if the grandson's father dies before the grandfather, the grandson can inherit the grandfather's estate by subrogation.
Legal basis: Civil Code of the People's Republic of China
Article 1123: After the commencement of inheritance, it shall be handled in accordance with the statutory succession; If there is a will, the property shall be inherited or bequeathed in accordance with the will; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.
Article 1127 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 to inherit the prudent branch, the second-order heir shall inherit it. 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. The inheritance shall be carried out 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.
Can the children of the grandfather's deceased property give up the inheritance directly to the grandson?
The estate is inherited 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.
The estate is inherited 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.
The estate is inherited 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.
The estate is inherited 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.
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If the grandfather made a will before his death, and clearly agreed that the property would be inherited by the granddaughter, the granddaughter can inherit the property after the grandfather's death; If there is no will, according to the statutory inheritance, the grandfather's first-order heir has the right to inherit, and the granddaughter cannot inherit the grandfather's estate.
[Legal basis].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 the statutory inheritance; 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 1133.
Natural persons may make a will to dispose of personal property in accordance with the provisions of this Law, and may appoint executors.
A natural person may make a will to designate personal property to be inherited by one or more of the legal heirs.
A natural person may make a will to donate his or her personal property to an organization or individual other than the state, collective, or legal heirs.
A natural person may establish a testamentary trust in accordance with the law.
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Legal analysis: If the decedent's brothers and sisters sentence Zheng Mei to die before the decedent, the children of the decedent's brothers and sisters shall inherit by subrogation. And the subrogated heir can generally only inherit the high-yield share of the legacy inherited by the subrogated heir who has the right to dig up the stupidity.
Legal basis: 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 the statutory inheritance; 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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According to the relevant regulations, if the child's father dies before the grandfather, the child has the right to inherit the grandfather's property by subrogation.
1. Can the child's grandfather fight for custody of the child?
China's civil code stipulates that whether the child's grandfather can win custody of the child should be decided according to the specific situation. Normally, custody of a child's grandfather can only be obtained if both parents of the child have died, or if the parents are unable to raise the child due to nuclear dust. If one of the child's parents is still alive and willing to raise the child, the child's grandfather cannot get custody of the child.
2. Is it illegal for Dad's grandparents to forcibly take the child away?
It is illegal for grandparents to forcibly take away the child, because when the child's parents are alive and have the ability to raise the child, the grandparents have no custody of the child, and the grandparents do not have the right to visit the child, so if the father or mother who is raising the child does not agree, the child's grandparents have no right to see the child, let alone forcibly take the child away to fight for child custody.
3. Does the child's grandfather have the right to fight for custody?
The child's grandfather does not necessarily have the right to fight for custody. The custody of grandparents can only be obtained under the premise that both parents of the child are dead or cannot be raised. If one of the child's parents is alive and willing to raise the child, the child's grandparents cannot take custody of the child.
If the conditions under which the father and the mother raise the child are essentially the same, and both parties require the child to live with him/her, but the child has lived alone with the grandparent for many years, and the grandparent requests and is able to help the child take care of the grandchild, it may be considered as a priority condition for the child to live with the parent.
Civil Code of the People's Republic of China
Article 1052:Where marriage is entered into due to coercion, the coerced party may request the people's court to annul the marriage.
A request for the revocation of the marriage by a brother shall be submitted within one year from the date on which the coercive act is terminated.
Where a party whose personal liberty has been unlawfully restricted requests the annulment of marriage, it shall be submitted within one year from the date on which personal liberty is restored.
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