Legal issues related to estate and sale of property? Eager for advice from enthusiastic professional

First of all, according to the relevant provisions of China's Marriage Law, the divorce of husband and wife does not affect the relationship between parents and children, that is, the children are still the children of both parents and still have the right to inherit the property of either or both parents. The Inheritance Law stipulates that the estate can be disposed of by testamentary succession, and if there is no will, it shall be handled in accordance with the statutory inheritance. The order of legal succession is:

First order, spouse, children, parents; In the second order, grandparents, maternal grandparents, siblings.

Secondly, from your account, it is clear that your father and uncle have equal rights to inherit your grandfather's estate, and both can inherit and have equal rights to dispose of the joint property. Although your father manages the entire estate, your uncle has not lost his right to property and can claim division at any time. Without the consent of one party, joint property must not be disposed of at will.

Of course, if your uncle fails to fulfill his due maintenance obligations, he can share the property less.

Therefore, I do not consider your house sale and purchase agreement to be valid.

After the contract is found to be invalid, the parties may negotiate on the disposal of the common property.

If the above disputes are brought to court, the court can of course mediate with the consent of both of you. It may also be unanimously agreed to ask the people's mediation committee to mediate the dispute.

Finally, I suggest that you resolve the issue through negotiation on your own, which is convenient and does not hurt your peace. A lot of unnecessary losses were avoided.

Thank you upstairs friend for your kindness!

I would also like to ask a few questions:

1.My uncle asked for a share of my grandfather's inheritance, so doesn't my father also have the right to ask for a share of my grandmother's inheritance?

2.If it can't be reconciled, does my father have the right to ask him to bear part of the cost of supporting my grandfather back then?

Legal analysis: 1. Before the sale of the inheritance house, the inheritance transfer should be handled according to the inheritance procedure (1) The inheritance notarization of the estate house 1, the notarization of the inheritance of the real estate should first contact the notary office where the property is located to make an appointment, and all the inheritance attackers need to be present, if the heirs from abroad or other places cannot be present, the notarization entrusts local relatives and friends to handle it on their behalf. 2. The following documents and materials are generally required for real estate inheritance notarization:

1) Go to the police station to which the decedent belongs to issue the decedent's death certificate or provide the decedent's medical death certificate; (2) Go to the deceased's unit or police station to issue an identity certificate of the successor; (3) Proof of identity of the heirs; (4) The inherited real estate certificate or other supporting documents; (5) The will made by the deceased during his lifetime (in the case of testamentary succession). (2) The materials required to go to the real estate transaction center for real estate inheritance: 1. Certificate of house ownership; 2. Inheritance notarization or court mediation letter or judgment; 3. ID card and copy of the heir; 4. Application for house ownership registration (received at the reception window).

If the heir cannot handle it in person, the power of attorney or notarial certificate and the trustee's ID card and a copy must be submitted; If the heir is a minor, the original and a copy of the guardian's ID card must be submitted.

Legal basis: Civil Code of the People's Republic of China Article 1154 In any of the following circumstances, the relevant part of the estate shall be handled in accordance with statutory inheritance:

1) The testamentary heir renounces the inheritance or the legatee renounces the bequest;

2) The testamentary heir loses the right to inherit or the legatee loses the right to be bequeathed;

3) The testamentary heir or legatee dies or is terminated before the testator;

4) the estate involved in the invalid part of the will;

5) The estate that has not been disposed of by will.

1. Before the sale and purchase of the inheritance house, the inheritance transfer should be handled according to the inheritance procedure. (1) Handle the notarization of inheritance of the estate house (2) Go to the real estate transaction center to handle the inheritance of the real estate.

2. After the inheritance and transfer of the estate house is completed, the house can be disposed of. (1) Materials to be submitted for the sale and purchase of inheritance houses: 1. Application for transaction verification (one original); 2. Land use certificate and real estate right certificate (copy, bring the original for verification); 3. Housing sales contract (copy, bring the original for verification); 4. The legal identity certificate of both parties to the transfer (business license of the unit, the ** certificate of the organization, the certificate of the legal representative and the copy of the ID card of the legal person, and the copy of the ID card provided by the individual) (the copy shall be checked with the original); 5. Power of attorney (original) and ID card of the trustee (copy with original for verification); 6. Land appraisal report (original); 7. Description of the above-ground buildings; 8. Other materials that need to be supplemented.

2) The process of handling the sale and purchase of the estate house 1. The two parties sign the house transfer contract. 2. The two parties submit the application materials to the land transaction center 3. The land transaction center shall review the application materials and handle the transaction verification procedures if they meet the requirements. 4. The land transaction center issues a tax payment form.

The estate house needs to be transferred to the name of the heirs before it can be bought and sold. For more details, please contact the real estate registration office.

Measures for Housing Registration

Article 35 When the right holder transfers the ownership of the house or creates a mortgage on the house due to the effective legal documents of the people's court or the arbitration commission, the lawful construction of the house, inheritance or bequest, the right holder shall register the house in the name of the right holder, and then go through the registration of the transfer of house ownership or the establishment of the house mortgage.

Article 32 In the event of any of the following circumstances, the parties concerned shall apply for registration of the transfer of ownership of the house after the relevant legal documents take effect or the facts occur:

a) Buying and selling; 4) Inheritance and bequest;

Article 33 The following materials shall be submitted to apply for registration of the transfer of ownership of houses:

1) Application for registration;

2) Proof of the applicant's identity;

3) Certificate of ownership of the house or certificate of real estate rights;

4) Materials proving the transfer of ownership of the house;

5) Other necessary materials.

The materials in item (4) of the preceding paragraph may be sales contracts, exchange contracts, gift contracts, bequest certificates, inheritance certificates, division agreements, merger agreements, legal documents effective by the people's courts or arbitration commissions, or other materials proving the transfer of ownership of the house.

Has the inherited property been transferred? If there is no transfer, you have no right**.

If there is a will at the time of inheritance, inherit according to the will; If there is no will, legal inheritance will occur, you may only be one of the heirs, and the property must be registered in your name first. First of all, all the legal heirs in the first order must renounce the inheritance in writing, otherwise the property will not be transferred. It's not your property, you don't have the right to sell it.

1. The heirs in the first order stipulated in the Inheritance Law are: the parents, spouse and children of the decedent.

If you are only one of the legal heirs, then the house is still in common ownership, and the other heirs cannot directly handle it in your name without giving up the inheritance.

2. If the property has been transferred, you can sell it as you want, and the law will not interfere.

Recommendations:With your father's death certificate, as well as a written statement and ID card information from other heirs, in practice, the housing management department generally requires all heirs to be present and go to the housing authority to go through the registration procedures for the change of property rights. How to operate, the regulations vary from place to place, and it is best to consult the local housing management department first.

For details, please go to your local notary office for consultation. Also discuss specific matters with your aunt.

Refer to the Inheritance Law of the People's Republic of China.

Article 10 The inheritance shall be carried out in the following order:

First order, spouse, children, parents;

Article 13: 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 Appropriate inheritance may be distributed to persons other than heirs who lack the ability to work and have no livelihood who rely on the support of the decedent, or who do not support the deceased more than the heirs.

Article 15 The heirs shall, in the spirit of mutual understanding, mutual accommodation, harmony and unity, negotiate and handle the issue of inheritance. The time, method and share of the division of the estate shall be determined by the heirs through consultation. If the negotiation fails, the people's mediation committee may mediate or file a lawsuit in the people's court.

Whether to pay a deposit or deposit shall be negotiated between the buyer and the seller.

1. The house certificate is still in your grandmother's name, and the house is still your grandmother's inheritance in the legal sense.

2. What I don't understand is: it should be inherited by your father, and your father is here, how can you have the right to inherit?

3. If your uncle doesn't go, you can take the original agreement to the court to sue for settlement: if the agreement is signed after the death of your grandmother, it is the true intention of both parties, and there is a certificate from your two brothers-in-law, you have a high chance of winning, but your uncle may say that he does not admit his wife's signature, and you should also find evidence that can prove that your uncle knows about this matter in order to win.

Agreements not signed by the person are invalid;

Your uncle can't do it if he doesn't go to notarization, you can only go through the court, and the court will pass all the heirs to mediate in court. Teach you to recruit more poisonous, if you get the right to trade through the court's judgment, you can meet your uncle's requirements.

The central idea is that you don't give him the money after you sell the house, or lower the demands he made in the first place. This approach has been proven and is possible. You can hi me for specific implementation details.

First, your father can get the property but not get it back, because it didn't belong to your father before.

Second, they were also the legal heirs of the estate, but they could only inherit it legally if your grandfather did not make a will, but now your grandfather has made a will, and the estate is all inherited by your father, so they do not have the right to inherit.

Third, of course, it is the most cost-effective to use inheritance. If you give it away, your father will have to pay taxes if he wants to sell the house in the future, so it is even less cost-effective to use it now.

Fourth, they don't need to sign it, it's your grandfather's property, and they don't have the right to dispose of it. They no longer have the right to inherit the estate because of your grandfather's will, so they can't talk about giving up the inheritance.

First of all, before answering the question, I want to tell you a concept. According to Article 99 of the Property Law, if the co-owners agree not to divide the jointly owned immovable or movable property in order to maintain the co-ownership relationship, it shall be in accordance with the agreement, but if the co-owners have serious reasons to divide it, they may request division; If there is no agreement or the agreement is not clear, the co-owners may request division at any time, and the co-owners may request division when the basis of the co-ownership is lost or there are serious reasons for the division.

Where damage is caused to other co-owners as a result of the division, compensation shall be given.

That is, until your grandfather and grandmother have not lost their relationship as husband and wife, the property is not divided. So don't worry about the matrimonial property division agreement.

Let's start giving you advice:

Testamentary succession needs to make an expression of acceptance of the bequest within two months (law: Article 25 of the Inheritance Law, after the commencement of inheritance, if the heir renounces the inheritance, he shall make an expression of renunciation of 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 knowing that he has received the bequest, make an expression of acceptance or renunciation of the bequest, and if he does not do so by the expiration date, it shall be deemed to have given up the bequest. ）。I guess your father didn't accept the expression, so the will has lapsed, which is very regrettable.

If your father's siblings return, they will have equal inheritance rights to your grandfather's estate with your father and grandmother. Of course, since your grandmother has successfully registered the estate, did they have already been present to sign it? If they are already present, your grandma has successfully obtained all the property rights and will not dispute your grandpa's estate.

On the basis of , because gifts, sales and sales have the problem of paying individual income tax, and inheritance does not need to pay tax. Therefore, inheritance is the most cost-effective.

The best way to adopt inheritance is testamentary succession. The safest way for testamentary succession is to ask a notary public to notarize the will (Article 17 of the Inheritance Law: A notarized will shall be handled by the testator through a notary public).

The self-written will shall be written and signed by the testator, indicating the year, month and day. A scrivener will shall be witnessed by two or more witnesses, one of whom shall write on behalf of the testator, indicating the year, month and day, and shall be signed by the scrivener, other witnesses and the testator. ）。

At this time, because your grandmother is the legal right holder, the children have no right to interfere with her actions, and there is no need to ask them to sign. As long as your father is able to make an expression of acceptance of the bequest within 2 months after your grandmother's 100th century, it will be foolproof.