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In fact, most of the elderly in rural areas will not ask for that. Even if the son is really difficult, he will only ask his daughter to help, and will not "force the head of the cow without drinking water". Individual phenomena do exist, but there are few who insist on paying regardless of their daughter's life or death.
The old man gave all the family property to his son, but asked his daughter to pay alimony.
Do you think it's reasonable?
Advice for friends who are parents:In terms of property, it should be divided equally among the children, or it should not be left to any child, but it should be divided equally, otherwise the children will have opinions in their hearts.
At the same time, when your children do not support you, you should first educate your children ideologically, so that they know how to repay their gratitude and fulfill their filial piety. After passing the ideological education, the children still do not support us, and we will go through the legal process.
Advice for friends who are children:As a child, you must understand Entu.
Don't be stingy with your parents, because without them giving us life and raising us, we wouldn't even have the qualifications to live, let alone wealth.
The old man gave all the family property to his son, but asked his daughter to pay alimony.
At the same time, in any case, it is necessary not to support elderly parents, because those who do not obey their parents will be disliked. Others will think that this kind of person does not know how to repay the favor, is cold-blooded, and even abandons the person who gave him life and raised himself. Moreover, the law stipulates that parents have an obligation to support their children, and children must have an obligation to support their parents.
Since we have obligations, we should fulfill them, and we should not wait until the court to understand embarrassment and shame.
Do you think it's reasonable?
The law stipulates that children have the obligation to support and support their parents, and the obligation to support and the inheritance of property are not corresponding to the relationship of obligations and rights. A child's support for his or her parents is a reward for his or her kindness, and whether or not the child has acquired the property of his or her parents, he or she must fulfill the obligation of financial support, daily care, and spiritual comfort. But the Law of Inheritance.
It also stipulates that in the distribution of the estate, the heirs who have not fulfilled their maintenance obligations may receive a small share or no share; Heirs who have fulfilled their primary maintenance obligations may receive more shares. By extension, should children who have acquired most or all of their property also have more maintenance obligations?
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This practice is very unreasonable, the son and daughter are the children of the old man, the old man is very unreasonable to do this, and the old man will also make the relationship between the son and the daughter very bad.
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I think this practice is very unreasonable, the old man did not treat his children fairly at all, and left his property to his son, so he let his daughter pay alimony.
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It's not reasonable, many people will do it, but I think it's really not particularly good, and there shouldn't be a patriarchal mentality anymore.
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The daughter is sure to pay alimony, because the old man has the obligation to raise his daughter, and the daughter has to be supported, this is an iron law, although the old man gave the property to his son seems to be eccentric, but this has nothing to do with the obligation of maintenance, the old man leaves the property to whom it is the right of the family, not that the property must be given to the children, maintenance and maintenance are corresponding, and the property has nothing to do with the property, just because the old man did not give the daughter property, and then the daughter does not give alimony, that is wrong. Because the old man has supported you regardless of whether he has property or not, so there is no reason for the daughter to say that if you don't have property, you won't give the old man alimony. What is the rationale behind this?
If so, is it still an obligation?
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Hello! I think there is something wrong with the old man's approach.
1.Older people have a traditional belief that the family property is given to the son, and the son will inherit the family property and family name, but this is too old-fashioned.
2.From a legal point of view: both daughters and sons have the obligation to support the elderly, and daughters and sons should pay alimony. In real life, the parents are already living in the son's house, the son is feeding and living for the parents, the son is already supporting the parents, and the daughter needs to take a little alimony.
3.From a daughter's point of view: Parents have to repay the kindness of raising their daughters (starting from infants) to adulthood, and you have to repay them for raising them, right?
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It can be seen that my daughter's approach is particularly correct, and I am particularly supportive of my daughter's approach, if I were the daughter of this family, I would do the same, and the old man has a very serious patriarchal mentality.
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I think this old man has a patriarchal mentality, which is very unfair to the daughter, and this alimony should be paid by their son, because they left all the family property to their son, and only by doing so can they not be spurned by others.
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This kind of old man is rigid, pedantic, patriarchal, and refuses well.
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Legally, daughters must need to pay alimony, but this practice of parents is really inappropriate, sons and daughters are the same, and property should be reasonably distributed.
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The family property is left to the son, which is conducive to increasing the marriage rate; Letting daughters pay alimony is conducive to increasing the enthusiasm of the people to have daughters.
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People shuttle between the law, tradition, and human feelings, and talk about what is beneficial to them, and the so-called fairness is to treat everyone equally, and it is a unified standard, and double standards are not fair under any circumstances, and fairness is what people want.
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The parents leave all their property to their son, but they ask their daughter for alimony. Parents have the right to dispose of personal property, while children have a legal obligation to support their elders.
Legal basis: Article 26 of the Civil Code of the People's Republic of China provides that parents have the obligation to raise, educate and protect their minor children.
Adult children have an obligation to their parents to support, support and protect them.
Article 1123.
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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Legal analysis: It is the business of the elderly that the elderly have money, and it is your business to give alimony, and it should be given, if your parents have not raised you, say otherwise. Alimony should ensure the standard of living of the dependent, and generally should not be lower than the local minimum subsistence level.
The specific amount of alimony to the elderly depends on the number of children and the economic level of the children themselves. In judicial practice, it is generally determined by the standard of 20%-30% of the child's income.
Legal basis: Article 1067 of the Civil Code Where parents fail to perform their obligation to support them, minor children or adult children who are unable to live independently have the right to demand that their parents pay child support. Parents who fail to fulfill their obligation to support their adult children, or who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children.
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Everyone has their own opinion on this issue, and I think both rural and urban people. Their ideas are all different and the same, for example, there is a custom in the countryside, it is indeed a married girl, like water spilled out, then divide the property of the mother's family, that is you, it doesn't matter, than the rural homestead when the boy can give him a homestead after the age of 18, and the girl is called no, that is to say, there is no way, there is no way to do it, that is, you inherit the property of your mother's family, it is impossible. For example, if your mother's surname is Zhang, then the daughter-in-law who marries someone has a child is surnamed Zhang, then the child born after you get married will definitely not be surnamed Zhang, because your surname is that the child born to your family gave birth to the man's surname, so it is said that your mother's property should be left to someone surnamed Zhang, and it is impossible to leave it to a family with a foreign surname.
In fact, there is this custom in China, and it has been like this from ancient times to the present, and there is no way to do it. As a girl, then your parents gave birth to you and raised you in your 20s, then you bully and share your parents' specialties, then I think you are going to marry someone else, so the child you give birth to is not like your mother's surname, and you divide the property in the south, I think it is really not appropriate, then your parents raise you so much, you pay some alimony, this is also okay, not to say that it should not be, do you think that from the birth of you to your 20s, then how much pork did he spend, how many troops? I really don't want you to know sooner or later, because you have a child, and you also know that it is not easy to raise a child, from the child's school to the tuition fee, food, clothing and housing, this is all given to you by your parents, so say some child support, I think it is also very normal, on the other hand, you can think about it, if you divide the property from your mother's family, then your sister-in-law, when the time comes, go back to her mother's house, back to your family's property, are you willing?
So this is a truth, that is to say, your mother's family will not give you a pat, then your family will not give you sister-in-law's property, I think this is also very good, save your property on both sides, for example, you inherit your mother's property, your husband wants to inherit, mother-in-law's property, then you think well, the property inheritance on both sides,
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Men and women have equal inheritance rights, and adult children have an obligation to support their parents. Property cannot be given only to the son, nor can it be given only to the daughter.
Legal basis. Civil Code of the People's Republic of China
Article 26: Parents have the obligation to raise, educate, and protect their minor children. Adult children have an obligation to their parents to support, support and protect them.
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 1126:Men and women are equal in inheritance rights.
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Legal analysis: It is legal for the elderly to ask for alimony from their children if they have money.
Legal basis: Article 14 of the Law on the Protection of the Rights and Interests of the Elderly provides that the supporter shall fulfill the obligation of economic support, daily care and spiritual comfort for the elderly, and take care of the special needs of the elderly. Supporters refer to the children of the elderly and other persons who have the obligation to support them in accordance with the law.
The spouse of the supporter shall assist the supporter in fulfilling the maintenance obligation.
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No.
There is no doubt that the elderly have the right to dispose of their personal property. Although it is unreasonable for the old man to leave all his property to his son, but to ask his daughter for alimony, it is legally fine.
Article 21 of the Marriage Law of the People's Republic of China clearly stipulates that children have the obligation to support and support their parents, and when children fail to perform their maintenance obligations, parents who are unable to work or have difficulties in living have the right to demand alimony from their children. At the same time, Article 19 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly also stipulates that the supporter shall not refuse to perform the obligation of support on the grounds of renunciation of inheritance rights or other reasons.
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Yes, the property can be divided equally among the children, but the old man also has to support together, if at the beginning, the old man has given the property to one party, it means that he wants to get the property of the son and wife to support him for a long time, as a daughter who has not got the property, of course, you can not give living expenses.
But during the New Year's holiday, it is still necessary to pay filial piety to the elderly, and it must be their own parents, giving them their own life and future.
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Aren't all the old people like this now, they all give good ones to their sons, and when they are short of money, they think of their daughters, and they are all daughters who are their parents' little padded jackets, and now it seems that daughters are the cash cows of their parents.
The old man gave all the family property to his granddaughter, does the son have the right not to provide for the elderly? The son has no right not to support the elderly, because the old man raised you when he was a child, in the law of the country, the old man is old, you should be filial to the old man, Lao Tzu life This is also a kind of national regulation.
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