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If it is shared, your father has the property right to half of the house regardless of whether your mother dies or not, this part is not the inheritance part, the inheritance is the other half of the house, and for this half, your father, you and your sister have the right to inherit (provided that the three of you do not lose the right to inherit). So after the inheritance is completed, the end result is that your father, you, and your sister have each a covenant for this house
7%。This is the most likely outcome.
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The situation is not very clear, according to your statement, I guess the father died, and then the mother died, so were the parents still alive before they died?
The first heirs are not only you and your sister, but also your parents' parents. If this is not the case, the simplest situation is that before the death of the father and mother, the maternal grandparents and grandparents are gone, then the property is half of you and your sister.
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50% to your father.
50% is divided equally by your father, your sister, and the three of you.
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If the father is alive, the father has the right of ownership, and if the father dies, the property is distributed according to the will of the parents, and if there is no will, the inheritance is legal.
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Parents, children and spouse are the first heirs, and in your case, if there is no will, then you and your sister should divide it equally.
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If both parents are gone, and there is no will, you will divide it equally.
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Legal analysis: If the father dies, if the house belongs to the mother who is jointly owned by the husband and wife and does not have the right to dispose of the property, the property is distributed equally according to the number of inheritors, and the heirs who have special difficulties in life and lack the ability to work should be taken care of when distributing the inheritance. Where the heirs agree through consultation, it may also be unequal.
Legal basis: Civil Code of the People's Republic of China
Article 1130:The share of inheritance inherited by heirs in the same order shall generally be equal. Heirs who have special difficulties in living and lack the ability to work shall be taken care of when distributing the inheritance. Heirs who have fulfilled the main obligation to support the decedent or who live with the decedent may receive more than one share of the inheritance when the inheritance is distributed.
If a successor who has the ability and the capacity to support does not fulfill his obligation to support, the inheritance shall be distributed without or with a small share. Where the heirs agree through consultation, it may also be unequal.
Article 1132:The heirs shall handle the issue of inheritance through consultation in the spirit of mutual understanding, mutual accommodation, harmony and unity. The time, method and share of the division of the estate shall be determined by the heirs through consultation; If the negotiation fails, the people's mediation committee may mediate or file a lawsuit in the people's court.
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If the property belongs to the joint property of the parents, the father has the right to dispose of the property after the death of the mother, but the father can only dispose of the part of the property that belongs to him, and the part that belongs to the mother shall be inherited by his heirs as the mother's estate; If the property is the mother's personal property, the father has no right to dispose of it and shall dispose of the property in accordance with the mother's will, and if the mother does not leave a will, the property shall be disposed of in accordance with the legal order of succession.
Legal basis] Article 112 of the Civil Code, Article 112, Article 17, 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 inherit; If there is no heir in the order of the first bridge, the heir in the second order 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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If the father dies, if the house belongs to the husband and wife, the mother does not have the right to dispose of the property, the property is distributed equally according to the number of inheritors, and the heirs who have special difficulties in life and lack the ability to work shall be taken care of when distributing the inheritance. Where the heirs agree through consultation, it may also be unequal. Article 1130 of the Civil Code of the People's Republic of China The share of inheritance inherited by heirs in the same order shall generally be equal.
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