The son is missing, the daughter inherits the property, and the son comes back to fight for the prop

Sons and daughters should negotiate and deal with inheritance issues in a spirit of mutual understanding, mutual accommodation, harmony and unity. If the negotiation fails, the people's mediation committee may mediate or file a lawsuit in the people's court.

According to the Inheritance Law of the People's Republic of China:

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 of support to 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.

Article 13 The share of inheritance inherited by heirs in the same order shall generally be equal.

Heirs who lack the ability to work who have special difficulties in life 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 an heir who has the ability and the capacity to support does not fulfill his obligation to support, the inheritance shall be distributed without or less.

Where the heirs agree through consultation, it may also be unequal.

Article 14 Appropriate inheritance may be distributed to those other than the heirs who lack the ability to work and do not have a living who are dependent on the support of the deceased, or those who do not support the deceased more than the heirs.

Article 15 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.

The inheritance of the missing person should be protected by law and the estate could be redivided.

Hello! If the statute of limitations has not expired, the son has the right to fight for legal inheritance.

Missing Willing! If the disappearance is not related to maintenance, the income can be inherited.

The daughter can write a letter of commitment to renounce the inheritance of the property in person, and sign it with a fingerprint. If the daughter is married, it is best to have the daughter's family sign and put their fingerprints on it.

If you don't want to do the transfer and notarization, you have to do it.

However, it is recommended that it is best to transfer the ownership of the house, which is the simplest and clearest.

The daughter and son need to go to the notary office together to notarize the inheritance and renounce the inheritance.

Inheritance notarization refers to the activities of a notary public to prove the authenticity and legitimacy of the heir's inheritance behavior and confirm the heir's inheritance right in accordance with the provisions of the law and the application of the heir.

1. Materials to be submitted for application for inheritance notarization:

1. Notarized applicant's identity document.

Natural persons residing in China provide: (1) ID card; (2) Hukou booklet.

Natural persons residing abroad shall provide: (1) passport (valid visa should not be omitted) or Taiwan Compatriot Permit or Hong Kong and Macao ID card and pass or other overseas residence documents; (2) Original household registration booklet or certificate of domestic household registration; (3) ID card (if any).

2. All heirs (including parents, spouses, children; If the heir is in the second order, it should also include the identity documents of grandparents, maternal grandparents, siblings (document requirements such as 1).

3. The death certificate of the deceased and the certificate of cancellation of household registration (the death certificate shall be issued by a hospital at or above the county level or the public security branch of the health and epidemic prevention station of the district where the deceased's household registration is located).

4. If one of the heirs dies, the death certificate of the deceased heir and the certificate of cancellation of household registration should also be provided (the certificate requirements are as 3).

5. Proof of marital status of the decedent:

Marriage certificate; In case of divorce, (1) the "Divorce Certificate" and the divorce agreement registered by the Civil Affairs Bureau or (2) the "Civil Mediation Letter" of the court or (3) the "Civil Judgment" of the court and the effective certificate shall be provided.

If you are unmarried, you should provide a certificate of unmarried.

If they have not remarried, they must provide a certificate of non-remarriage and proof of the termination of their previous marital status.

6. The birth certificate of the decedent's child and the only child certificate.

7. Proof of kinship of the decedent (to be filled in by the personnel file keeping department of the decedent).

8. Proof of kinship between all heirs and the deceased (such as unit certificate, household registration certificate, marriage certificate, only child certificate).

9. Property certificates of the deceased (such as: real estate certificates, bank deposit certificates, equity certificates, ** lists, motor vehicle registration certificates, insurance contracts and claim certificates, etc.).

Precautions: 1. If the deceased has a will during his lifetime, the original will should be provided, and if he has entered into a bequest and maintenance agreement with others, it must also be provided.

2. In the case of renunciation of inheritance, the person shall come to the notary office in person with a valid identity document (such as inheritance notarization 1) to make a declaration of renunciation of inheritance or notarize the declaration of renunciation of inheritance rights at the local notary office.

A written statement of renunciation of inheritance, notarized.

It is best to do the transfer, because the death certificate of the grandparents and maternal grandparents is also needed when the parents' real estate is notarized, and the longer the time, these certificates will be more troublesome.

Just write an agreement to divide the property.

Both parents died and left a daughter who was only 12 years old, and her parents left a set of real estate, how to handle the inheritance?

Have your daughter write a declaration of renunciation of the estate.

First, if the inheritance rights of the parties have been determined by the court and adjudicated. The judgment is legally binding and cannot be changed. At the same time, if the parties believe that the court's judgment or ruling is in error, they may apply for a retrial.

According to Article 199 of the Civil Procedure Law, if a party believes that a judgment or ruling that has already taken legal effect is in error, it may apply to the people's court at the next higher level for a retrial; In cases where one of the parties is large or both parties are citizens, Bizhou may also apply to the original people's court for a retrial. Where the parties apply for a retrial, the enforcement of the judgment or ruling is to be stopped.

Second, the questioner must be clear that, according to Article 205 of the Civil Procedure Law, a party's application for retrial shall be submitted within six months after the judgment or ruling has taken legal effect; Where there are circumstances provided for in items 1, 3, 12, or 13 of article 200 of this Law, it is to be submitted within 6 months from the date on which it is known or should have known.

Unless the parents are still alive or a new will is made after the judgment, the judgment is enforced.