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Hello, you should first clarify the inheritance of the house through a lawsuit, your father died, then the first heir in line is your grandparents, your stepmother, your stepmother's 2 younger brothers, and your biological brother 1. The specific method of operation should be to sue all the heirs mentioned above as the plaintiff to inherit your father's estate. Then, with the divorce agreement of your father's divorce, you can claim that the house will be inherited by you.
As for whether the house inherited by you alone as stipulated in your father's divorce agreement is a will, it is indeed up to debate. Statutory wills include notarized wills, self-written wills, written wills, recorded wills, and oral wills. The self-written will requires that all the words be written by the testator himself, and obviously the divorce agreement is only signed by your father; The notarized will is required to be made by a notary public, and the divorce agreement is not compliant; However, in judicial practice, the promises made by the husband and wife in the divorce agreement, such as donating real estate to their children, are regarded as "equivalent to notarized" irrevocable gifts, so the validity of the will in the divorce agreement needs to be determined by the court.
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First, according to your account, the house can first be determined to be your father's personal property, even if he later married and had children; Second, in the divorce agreement, whether the agreement on the inheritance of real estate conforms to the form of the will does need to be specifically determined; Third, according to the provisions of the Inheritance Law, the order of legal heirs is as follows: first order: spouse, children, parents, and second order: siblings, grandparents, maternal grandparents.
At present, it is certain that you, your stepmother, and your two younger brothers have the right to inherit, and as for whether there are other legal heirs, you can determine it according to the inheritance law.
If you go through the legal process, what you need to sue at present is your stepmother and two younger brothers (by their legal **person**).
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1. The change of the house ticket to the house photo depends on how the original state-owned unit is divided, and the specific question should be asked by the local housing management department. The transfer must first have a house certificate.
2. If you are related to all the people who are children and grandchildren, you have no right of inheritance, because the first order is parents, spouse, and children, and the second order is grandparents, maternal grandparents, brothers and sisters. If all of them give up, they will be nationalized. So the transfer procedure should be that your father inherits it first and then sells it to you.
The death certificate of the husband and wife of all the people (issued by the police station) and the certificate of kinship (issued by the deceased's unit) should be brought (including the above paragraph).
All heirs in the first and second order), as well as the real estate certificate, the above people are out of town with the notarial certificate of renunciation of inheritance issued by the local notary office to the notary office where the property is located, and the living person goes to the notary office to handle the notarization of your father's inheritance, and then goes to the real estate department with the notarial certificate to go through the transfer procedures.
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Are you the heir to the original owner? If you are not among the heirs, not even the second or third heirs, then you cannot inherit the house directly.
If you are the original owner of the inheritance, then it is easy to do, if the heirs give up the inheritance, you can of course inherit, but you have to get a written agreement from all their heirs to renounce the inheritance.
If you are not among the legal heirs, the other heirs can transfer the property obtained based on the inheritance to you, and you can transfer it for free, and you can get the house.
If the heirs are in the future, they will renounce the right of inheritance. And you have no right to inherit. Then it is impossible for you to get the house according to the law, you have to go through a formality, you must first divide it, take the ownership, and then transfer the ownership to you, and it's OK.
That is, the two contracts, the first of which is the partition agreement that they inherited.
The second is the agreement to transfer the property they inherited to you, and it's okay to have these two things.
However, if you don't go through the formalities, you can't change the property right, you can only be useful, and if you want to go through the formalities, you must first transfer the heir and give it to you. Otherwise, he has no right to change the property rights directly to you
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The question is short.
Housing housing allocated by a unit is considered affordable housing. According to you, it should be a house built with funds raised by the unit, and the land is in the form of allocation. Under normal circumstances, according to the formal channels, the transfer of unit housing must be approved by the unit or **. So it's easy to do after solving this problem.
As for the child's renunciation of inheritance rights, it must be express, that is, there must be written proof that the child is willing to renounce the inheritance, and the child can also negotiate with you and the housing authority on the spot.
Of course, the housing authority is not a judicial organ after all, it is not a legal department, and they don't understand this. The best way to do this is to transfer the title to your child first and then to yours, which is the safest. If you don't go through this form, you can get your child's written certificate and go to the housing authority for consultation.
Good luck.
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1.If the renunciation of the right of inheritance is true, the next heir will inherit it, and if it is all renounced, the house will be owned by the state as a bona fiefdom.
2.So, if you want to get a license, the first heir will first transfer the house to his own name, and then he will transfer the house to you.
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1.Hold the room ticket + "Declaration of Renunciation of Inheritance" + personal identity certificate to the housing authority where the house is located to go through the change registration.
2.It is necessary for the owner who has the right to inherit to write and sign a Declaration of Renunciation of Inheritance.
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If there is a will, it will be inherited according to the will, and if there is no will, it will be handled according to the statutory inheritance.
Article 9 of the Inheritance Law of the People's Republic of China provides that 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.
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Commencement and renunciation of inheritance.
Inheritance begins when the decedent dies.
After the commencement of inheritance, if the heir renounces the inheritance, he shall make an expression of renunciation of the inheritance before the estate is disposed of. If there is no indication, it shall be deemed to have accepted the inheritance.
The legatee shall, within two months after becoming aware of the bequest, make an expression of acceptance or renunciation of the bequest. If it is not indicated at the expiration date, it shall be deemed to have waived the bequest.
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1: How to change the room ticket to room photo?
That is, to go through a change of account name, that is, to transfer the account to your name.
2: The children have renounced the inheritance rights The inheritance rights have been transferred to me (and the house owner is the descendant relationship) If I go to apply for a house license, do I need all the first heirs to be present, and if I can't be present, can I sign the power of attorney or sign the relevant certificate of renunciation of inheritance.
It is advisable to have a notarial deed of renunciation of inheritance by a descendant. Take this letter to apply for the transfer of ownership.
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1. The concept of state-owned unit housing is relatively vague. You first have to find out whether this is a public housing that has been purchased, whether you can handle the transfer, if not, you need to pay the fee to transfer;
2. The renunciation of inheritance rights must be notarized, and if I cannot be present, I must submit a written letter, and if I cannot be present for notarization, I must sign a power of attorney to indicate the authority of entrustment.
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1. The handling and renewal of the real estate certificate is handled in accordance with the regulations of the state, and you can ask the local housing authority.
2. To ask for his grandfather's will, if there is no will, all the first heirs need to give up orally on the spot or in writing, provided that the house belongs to the grandfather, that is to say, the grandfather has property rights to the house.
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1. First of all, you must figure out who the owner of the house is, whether it has undergone housing reform, and if there is no housing reform, the property owner of the house is still the original state-owned enterprise. In that case, the decedent only has the right to use, not ownership. If you don't have ownership, you can't change your license to your name.
2. If the house has been renovated and the decedent is the owner of the house, you can inherit it. Since you are not the legal first-in-line heir. You can only inherit if all the first-order heirs give up the inheritance, and there is another legal issue that needs to be clarified, that is, the second-order heirs who have the right to inherit other than you must also give up the inheritance.
You can inherit it alone. 3. The materials required for the transfer are: the death certificate of the decedent; A notarial deed of renunciation of the declaration of succession by all heirs; A notarial deed proving your right to inherit; Certificate of Ownership of the House; Your identity card; Housing title registration form (when you go to the trading floor of the housing authority to confirm the title, if the materials you provide can meet the requirements of the registration, it will be sent to you to fill in).
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This is a good opportunity.
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The daughter has the right to inherit, but the property right of the house is already in the hands of the two sons, so this house is legally the property jointly owned by the two sons, and it has nothing to do with the daughter. The house was either transferred to the two sons while the old man was still there, or it could only be transferred to the two sons with the consent of all the heirs after the old man's death. I hope my answer will help you.
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There is the right of inheritance, but the inheritance share is distributed as follows, c takes 1 3 first, and the remaining 2 3 is divided equally among the 3 of you.
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Because the title deed has C's name on it, C has one-third of the property. There is no will after the death of the second elder, so there is a legal inheritance, and the share of the second elder is divided equally among the three children. Therefore, the third child has five-ninths of the property rights, and A and B divide the rest equally.
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According to the provisions of our country's inheritance law, there is the right of inheritance.
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In this case, ABC has the right of inheritance, and it should be inherited equally.
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There are roughly three types of inheritance in China.
The first is to respect the wishes of the deceased, and if there is a will, inherit according to the will.
The second type, if there is no will, is inherited in the legal order. In your case, if there is no will AB has the right to inherit, but only a part, that is to say, the current property situation is three people, about 33% each, and c that part you cannot inherit, only 66% of your parents. But there is also the inheritance part of C in the 66%, so it should be divided into 3 equal parts, about 22% per person, that is, if it is divided equally, then C plus 33% of his own own, can get more than 55% of the total value of the property.
A and B are each 22 per cent.
The above is to say that the average score is divided. But the third case is that you also need to consider whether you are willing to divide equally, because the inheritance and the maintenance obligation are also indivisible, if someone has fulfilled the maintenance obligation more, then if there is evidence to support it, then it can be divided more, and in order to fulfill the maintenance obligation, it can be divided less, or even not at all.
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