Is it legal for an old man to give property to only one son

The property is the personal property of the elderly, who has the right to dispose of it freely without being interfered with by anyone, and it is legal for the elderly to give the property to only one son.

If the old man has transferred the property to his son before his death, then the ownership of the house no longer belongs to the old man, but has been transferred to the son's name, and the other children have no relationship with the house at this time.

According to Article 240 of the Civil Code of the People's Republic of China, the owner has the right to occupy, use, benefit from and dispose of his immovable or movable property in accordance with the law.

If after the death of the old man, in the case of a will, in accordance with the principle of testamentary succession takes precedence over statutory inheritance, the son inherits the property according to the will, and the ownership of the house will be transferred to the son's name, and the other children do not have the right to demand the division of the house at this time.

According to Article 1123 of the Civil Code of the People's Republic of China, 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.

If the old man makes a will and designates the property to be given to only one son, then the property is the one named for that son in the will. If there is no will, the house will be inherited by all children and other first-order heirs (e.g. the old spouse).

All personal property left by the decedent at the time of death and other property rights and interests that can be inherited by law. Both positive and negative legacies are included. Positive inheritance refers to the property enjoyed by the deceased during his lifetime and other legal rights and interests that can be inherited, such as property rights and interests in copyright.

Negative inheritance refers to personal debts owed by the deceased during his or her lifetime. The scope of the estate is mainly the means of subsistence, but also includes the means of production that the law allows individuals to own.

Article 1122 of the Civil Code of the People's Republic of China An inheritance is the lawful property of an individual left behind by a natural person upon his death.

An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.

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 1124:Where the heirs renounce their inheritance after the inheritance has begun, they shall make an expression of renunciation of the inheritance in writing before the estate is disposed of; If there is no indication, it shall be deemed to have accepted the inheritance.

The legatee shall, within 60 days after knowing 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.

Article 1127 Inheritance shall be inherited 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 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.

There is nothing legal or illegal about this, the property belongs to the elderly, and the power to give the elderly is what they want, but the unreasonable distribution will cause conflicts within the family, and there are many examples of enemies between relatives for money.

Whether the property in the name of the elderly person can be transferred to one of the children without the consent of the other children. It depends on whether the dwelling is the legal property of the old man alone.

If the dwelling belongs to the legal property owned by the old man alone, the old man is free to dispose of it. The property can be transferred to one of the children without the consent and authorization of the other children.

If the dwelling is shared by the elderly person and his or her spouse, the elderly person and his or her spouse will need to sign the formalities together before the transfer of the house to one of the children.

If the spouse of the elderly person has died, and the inheritance of half of the property rights of the deceased has not been completed. It is necessary for the other children to go to the notary office with the old man and the parents of the deceased to go to the notary office to notarize the inheritance, and then handle the inheritance transfer, in this case, the other children need to sign and renounce the inheritance.

The current owner of the property agrees.

2:1, other children or the original owner of the property can prove that the property was illegal in the name of the current owner, so as not to earn the lawyer a fee, because regardless of whether the lawsuit is won or lost, and it is proved that the current owner illegally acquired the property is a criminal offense, and can report to the police.

In general, this is impossible to do. Find your lawyer to study it carefully, you can get here to find someone to discuss the possibility, if the lawyer proposes a plan, you don't want to believe that the old man's house has been passed in the name of a son for whatever reason, and a few years have passed, it is generally impossible to ask for the property to be changed back to the old man's name, unless.

Can the property in my name be transferred to one of the children without the consent of the other children? Is the old man still alive? This is a house that can be used by the elderly without passing through the children, that is, the elderly, and your children are raised by the elderly, so the property of the children is also the property of the elderly, and the old man has the final say.

Legal Analysis: Negotiate on your own. After the occurrence of an inheritance dispute, the relevant parties may, on the basis of complete voluntariness and mutual understanding, negotiate and reach an agreement on the time, method and share of the division of the inheritance that is acceptable to all heirs, and then divide the inheritance according to the agreement.

People's Mediation Committee mediation. The People's Mediation Committee is a mass organization. After the occurrence of an inheritance dispute, if the parties concerned fail to reach an agreement through negotiation, the people's mediation committee may mediate.

On the basis of the inheritance law, the people's mediation committee mediates disputes through persuasion and education, so that the parties can understand each other, make concessions to each other, and reach an agreement on the basis of their own volition. After the mediation agreement of the people's mediation committee is reached, all parties shall conscientiously abide by and perform it. File a lawsuit with the people's court.

After an inheritance dispute arises, if no agreement is reached through negotiation, a lawsuit may be filed directly with the people's court without mediation by the people's mediation committee. If no agreement can be reached through mediation by the people's mediation committee, either party also has the right to file a lawsuit in the people's court.

Legal basis: Article 3 of the Arbitration Law of the People's Republic of China The following disputes cannot be arbitrated: (1) disputes over marriage, adoption, guardianship, maintenance, and inheritance, and 2) administrative disputes that should be handled by administrative organs in accordance with the law.

It is legal and valid for the elderly to give their testamentary property to only one child. Testamentary succession takes precedence over statutory succession. And it's better to have the will notarized. However, the following conditions must be met:

1. The elderly are completely voluntary.

2. Be conscious when making a will.

3. The elderly are not coerced.

4. Completely exclude others.

Article 1133 of the Civil Code; [Testamentary Disposal of Personal Property] Natural persons may make a will to dispose of personal property in accordance with the provisions of this Law, and may appoint executors.

A natural person may make a will to designate personal property to be inherited by one or more of the legal heirs.

A natural person may make a will to donate his or her personal property to an organization or individual other than the state, collective, or legal heirs.

A natural person may establish a testamentary trust in accordance with the law.

Abstract 1, supporting the elderly is the obligation and responsibility of each adult child, and the distribution of the property of the elderly is not linked, and the parties cannot be exempted from the obligation of support for any reason, if the parties have objections to the distribution of the property of the elderly, they can be resolved in the following ways:

1. You can communicate directly with the elderly;

2. A credible third party may be invited to mediate or apply for arbitration;

3. If you are not satisfied with the above, you can sue the court to solve it.

Second, the ownership of land in rural areas is collectively owned

1. The elderly only have the right to use, not the right to dispose of, and can be cultivated and used during the land contract period, but cannot be bought and sold;

2. After the death of the elderly, the land cannot be inherited, and the parties can only cultivate and use it on their behalf, and the village has the right to recover it after the expiration.

Is it legal for an old man to live in only one son's house.

Hello, this is the platform cooperation lawyer, and I have received your question.

Hello, grandpa has a son, two daughters, there is a big conflict between grandpa and mother, do you have to live in my son's house?

First, supporting the elderly is the obligation and responsibility of each adult child, and the distribution of the property of the elderly is not linked, and the parties cannot be exempted from the obligation of support for any reason, if the parties have objections to the distribution of the property of the elderly, they can be resolved in the following ways: 1, you can communicate directly with the elderly; 2. A credible third party may be invited to mediate or apply for arbitration; 3. If you are not satisfied with the above, you can sue the court to solve it. Second, the ownership of land in rural areas is collectively owned

1. The elderly only have the right to use, not the right to dispose of, and can be cultivated and used during the land contract period, but cannot be bought and sold; 2. After the death of the elderly, the land cannot be inherited, and the parties can only cultivate and use it on their behalf, and the village has the right to recover it after the expiration.

Is it legal to live at my son's house?

No. What should I do if he doesn't agree to change the place for the old man to live and pay alimony?

That's what you need to negotiate.

Then the son can ask his sister to take turns taking care of the elderly, right? What if others disagree?

This is negotiated by you, and if the negotiation fails, the old man can sue.

Can't a son sue?

According to the relevant laws of our country, if a child does not bear the responsibility of supporting his parents, he or she can be required to bear the responsibility of support through a lawsuit, and the plaintiff is generally the person who is supported or has an interest in the maintenance dispute.