Is it reasonable for an old man with 4 children to give his property to a grandchild?

The elderly have the right to give their inheritance to anyone, and the children have no right to interfere. Therefore, although the old man has 4 children, it is reasonable to leave the property to one grandchild, which may not be emotionally acceptable to the children, but the old man has the right to do so.

Whether it is reasonable or not depends on the situation, although the old man has the right to dispose of his share of the property, he has no right to dispose of the share that belongs to the other half, if the other party does not agree to give it to the grandson, then the decision to give the house to the grandson is unreasonable; If both old men agree to give it to their grandson, it is reasonable.

If it is the legal property of the elderly, the practice of the elderly is legal.

It depends on how he is given to his grandson. If there is no reason or excuse to give the house to the children and grandchildren, this is a bit unreasonable. If the children are not filial and do not support their parents, and this grandson thinks about his grandfather everywhere, the grandfather can give the property directly to his grandson, which is allowed by law.

It is reasonable to have a will, it is unreasonable to have no will, what he voluntarily gave and gave when he was still alive is reasonable.

What's unreasonable? So what do you think makes sense? Evenly divided! Or is it better for you to give it all? The real estate of the elderly is only given to a certain person, as long as it is reasonable and legal, there is nothing wrong, there is no inappropriateness, and others have no right to interfere!

There is no unreasonableness! The conscious old man has his own right to dispose of the house!

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.

Legal analysis: If the house is built by the elderly, even if it is built for their children, the elderly will naturally have a share. The old people have a share in the houses built for their children in a large family, because the houses are built by the old people for their children, and the children only have the right to live, but they have no right to own, so the houses built for their children in the big family are owned by the elderly.

Legal basis: Civil Code of the People's Republic of China

Article 363 The acquisition, exercise and transfer of the right to use homestead land shall be governed by the law on land management and the relevant provisions of the State.

Article 366:Persons with the right of residence have the right to occupy and use the residences of others in accordance with the provisions of the contract, so as to meet the needs of living and living.

The house has been transferred to the daughter, and it is no longer part of the inheritance, and the son has no right to inherit.

Article 10 of the Inheritance Law stipulates that "the inheritance shall be in the following order: first order: spouse, children, parents.

Second order: siblings, grandparents, maternal grandparents. Second-in-line heirs include:

Siblings, grandparents, maternal grandparents (only the second-order heir will inherit if there is no first-order heir or the first-order heir renounces the right to inherit).

According to Article 16 of the Inheritance Law, a citizen may make a will to designate one or more legal heirs to inherit the property, or may make a will to donate personal property to a person other than the state, the collective or the legal heirs.

Therefore, if the old man transfers the property to his daughter while he is alive, or indicates that he will leave the house to his daughter after a hundred years, then the son cannot have the right to inherit the property. Only when the old man does not make any intention to dispose of the property, the legal heirs have the right to inherit the property, and the house is divided among the heirs.

If the property does not belong to the old man alone, and the old man's spouse has a common right to the property before his death, but he has not inherited the common part after his death, at this time, the old man said that he will give the house to his daughter, and can only give him his due share, and if the old man's spouse does not deal with the share of the property before his death, it will be inherited by three children.

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.

You need to write a property gift letter first, and then go to the notarization to notarize it. Then bring the real estate gift book, notarial deed, real estate certificate, ID card, household registration booklet, and both parties go to the housing management department to handle the gift transfer. If you need to fill out the form, the staff of the housing management department will give you an explanation of the disadvantages of Chunzen.

The first gift is to go through the gift agreement and notarization, pay the notary fee, because it is a free gift between the immediate family members of the Pao family, so exempt from individual income tax and business tax, pay assessment fee (6/1000), deed tax (90 square meters or less 1). Stamp duty (5/10,000). Costs such as handling fees.

Since the child is a gift free of charge, he needs to pay the personal income tax of the full house price of 20 and the business tax of the full house price of 5 5 in the future!! buying and selling; As long as the house in your hand is the only independent house in your family and has been held for five years, then, selling it to your daughter is also exempt from individual income tax and business tax, and you need appraisal fees, deed tax, stamp duty, production fees and other fees! A comparison found that buying and selling is more cost-effective than gifts, and there is no trouble!

Inherit. The basic tax and disadvantages are the same as gifts! It is also in the future that your daughter's ** house will have to pay high personal income tax and business tax!

Dear, Hello <>, happy to answer for you. Gather the children together, a house for each person, and give the daughter's house must be fair premarital property, so that the two children can live in harmony and take care of the two of you in your old age, which is a happy family, and the inheritance of our country is only in the form of testamentary inheritance and legal inheritance. If the decedent leaves a legal and valid will, the heir must inherit the estate in accordance with the will.

If the decedent did not leave a legal and valid will, or did not make a will for some inheritance, it is carried out in accordance with the legal inheritance. In legal succession, parents, spouses, and children are the first in line of succession in no order; Grandparents, maternal grandparents, and siblings are second in line of succession in no particular order. After the start of the legal succession, as long as there is a first heir, then there is no need for a second heir.

n Statutory inheritance generally adopts the principle of inheritance with equal division of property. Hope the subject my suggestion. <>

OK. Generally, there are two ways to transfer the house: the sale and purchase method transfers the house to the grandson, and the owner cannot claim to return the house, but the owner can require the transferee to pay the purchase price with the sales contract; If the house is transferred by way of gift, and the grandson violates the premise of the gift agreement, the owner can sue to claim the return of the house.

Housing donation refers to a civil legal act in which one party (the donor) voluntarily donates the house he or she owns to another person (the donee) free of charge, and the other party is willing to accept it.

Legal basis: Civil Code of the People's Republic of China

Article 658:The donor may revoke the gift before the transfer of the right to donate the property. The provisions of the preceding paragraph shall not apply to notarized gift contracts or gift contracts that may not be revoked in accordance with law and are in the nature of public welfare or moral obligations such as disaster relief, poverty alleviation, and assistance to the disabled.

Article 659:Where it is necessary to go through registration or other formalities in accordance with law for donated property, the relevant formalities shall be completed.

1. What are the procedures for house donation?

First, the donor and the donee enter into a written contract for the gift of the house, and according to the regulations, the gift of the house must be in writing.

Second, the party to the house donation, i.e., the donee, shall pay the relevant deed tax according to the provisions by virtue of the original house ownership certificate and the gift contract.

Third, to handle notarization, the house gift must go through notarization procedures.

Fourth, go through the registration procedures for the transfer of house ownership. When the party to the house donation applies for change of registration to the real estate management agency, it shall submit the application, identity document, original real estate property right certificate, gift letter, notarial deed and deed receipt.

Fifth, the donor delivers the house to the donee. In addition, gifts between immediate family members are not limited to purchase, and there is no need to do a house purchase qualification review.

The procedures for gift are relatively simple: first, the donor and the donee enter into a written contract for the gift of the house, that is, the letter of gift. Second, the donee shall pay the relevant deed tax according to the provisions by virtue of the original house ownership certificate and gift contract; Notarization.

The donee shall submit the application, identity certificate, original real estate property right certificate, gift letter, notarial deed and deed tax receipt to apply for change of registration to the real estate management agency.