How to distribute the heirs of the relocated house, and can the relocated house be inherited

Wills take precedence, while intestate distributions are made according to the Inheritance Act.

Article 10 of the Inheritance Law states that the inheritance shall be 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 of the Inheritance Law provides that if the children of the decedent die before the decedent, the descendants of the decedent's children shall inherit by subrogation. A subrogated heir can generally only inherit his father's or mother's share of the estate.

Article 12 of the Inheritance Law provides that if a widowed daughter-in-law has fulfilled the main obligation of support to her father-in-law and mother-in-law, and a widowed son-in-law has fulfilled the main obligation of support, she shall be the heir in the first order.

Article 13 of the Inheritance Law provides that 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 of the Inheritance Law provides that a person other than the heir who lacks the ability to work and has no ability to live and who is dependent on the decedent, or a person who supports the decedent more than the heir, may be given an appropriate inheritance.

Legal analysis: whether the house is relocated has nothing to do with the inheritance of the house, and there is no difference between inheritance and other estates in principle.

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, 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 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 will be inherited by the first-order heirs, and the second-order heirs 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 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.

According to the relevant provisions of the Civil Code, inheritance refers to the legal property obtained during his lifetime, and the relocation house is the house acquired by the deceased after being expropriated in accordance with the law during his lifetime, and he or she has ownership of the relocation house, which can be inherited as an inheritance in accordance with the law. However, if the decedent only has the right to live but does not have the right to relocate the house, his heirs cannot inherit the property. The inheritance of the house also needs to be registered by the real estate management center before it can be regarded as the first regret of the inheritance.

[The law is based on the dry grandson].Article 1122 of the Civil Code of the People's Republic of China is the personal 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.

A relocated house with a real estate certificate can be bought, and a relocated house with a real estate certificate can go through the normal process of second-hand sales or leasing transactions. Because in the process of second-hand transactions, the real estate certificate is recognized by the housing authority and supervised by the family attendant. However, if the owner only has the developer's relocation agreement and does not have a real estate certificate, he cannot transfer the ownership or change the name in the real estate transaction center when doing the second-hand housing transaction.

At this time, the purchase agreement is not approved by the housing authority, it is a private transaction, and it is not a legal act.

Article 214 of the Civil Code The creation, alteration, transfer and extinction of immovable property rights shall take effect when they are recorded in the immovable property register in accordance with the provisions of the law.