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Regarding the previous lawsuit, I will not comment much here. Because the conditions actually given won't answer any questions for you. About how to protect your grandmother's rights and prevent your uncle from getting the property here.
There are a few things you have to do. 1. If the ancestral house is in your grandmother's name, if it can be transferred, transfer it to your father's name. However, I would like to remind you that if your uncle comes to make trouble, there is a share that may be given to him, that is, your grandfather's share of the ancestral house after your grandfather's death.
Roughly to tell you, the total share of the ancestral house is 1, and your grandfather and grandmother each have a share of the ancestral house. If your grandfather dies, your grandfather's share will be shared by your grandmother, father, and uncle. But in fact, there should also be a share of your grandfather's adopted daughter, but let's put it aside for the time being.
Second, if your uncle is a scoundrel and acts roughly, then you can only call the police. or litigation solutions. The division of the estate is legally clear, and your uncle has not fulfilled his maintenance obligations for many years, and according to the inheritance law, he may receive less of your grandmother's property.
3. If your grandmother wants to give all the property in her name to your father, take your grandmother to your local notary office for inheritance notarization. In this way, the effectiveness of the notarial estate is the highest.
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It depends on whether the adopted daughter takes care of the old man before her death.
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Legal analysis: After the death of the elderly, the spouse can inherit the property, but the spouse is not the only heir, and the children can inherit according to the Civil Code, unless the old man has made a will.
Legal basis: Article 1127 of the Civil Code of the People's Republic of China The inheritance of the estate shall be in the following order:
1) First order: spouse, children, parents;
2) Second order: siblings, grandparents, maternal grandparents.
After the succession begins, it will be inherited by the heirs in the first order, and the heirs in the second order will 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 stepchildren in a dependent relationship.
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.
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If the old man and the daughter have been legally determined to be mother and daughter, and the old man has no other biological children, then the daughter has the right to inherit and as the first heir, she has the right to inherit all the old man's property.
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After the death of the elderly, the daughter can inherit the estate of the old man under normal circumstances, but if the old man has made a will, the daughter may not be able to inherit the estate.
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There must be the right of inheritance, and from the perspective of legal procedures, he also belongs to the first heir of the old man.
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Hello, where do the parents' rural shares and trillion warrants go to the world, the daughter can inherit, most of the land in our country is implemented in the public ownership system, belongs to the collective, if your father bought this land before the lease was born, and registered it in his own name, this land belongs to his inheritance, and inheritance can occur.
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1. Who inherits the rural shares after the death of the elderly.
1. The main body of rural share inheritance after the death of the elderly is as follows:
1) If the old man has a will, the heirs designated by the will shall inherit it;
2) If the elderly do not have a will, they shall inherit by the spouse, children and parents of the first heir in accordance with the legal inheritance;
3) If there is no first heir of the Xunsheng clan, it will be inherited by the second heir siblings, grandparents, and maternal grandparents.
Inheritance refers to the system in which the property left by the deceased during his or her death is transferred to others in accordance with the law. The following is how to confirm the scope of inheritance
1) To find out whether the property left behind by the death of a citizen is lawful and acquired;
2) to ascertain whether citizens actually enjoy ownership of the property actually in their possession during their lifetime;
3) It is necessary to strictly distinguish between the property of individual citizens and the property jointly owned by others;
4) the non-transferable personal rights of certain decedents;
5) It is necessary to clarify whether the ownership of the property left behind by the death of a citizen has been transferred during his or her lifetime.
2. How to confirm the scope of inheritance.
An inheritance is an individual's legal property left behind when a citizen dies. Inheritance refers to the system whereby the property owned by the deceased during his or her lifetime is transferred to others in accordance with the law.
1) To find out whether the property left behind by the death of a citizen is lawful and acquired; The property illegally acquired by a citizen before his or her death cannot be used as an inheritance for inheritance;
2. It is necessary to find out whether the citizen really enjoys the ownership of the property actually occupied by him during his lifetime, and if it is a property rented from others, it cannot be used as an inheritance for inheritance;
3. It is necessary to strictly distinguish between the property of individual citizens and the property jointly owned by others, and if it is a common property, the property should be disposed of first, and then inherited;
4. Some non-transferable personal rights of the decedent, such as the right to be supported and supported, the right to receive pension, pension, and allowance for the sick and disabled, cannot be inherited;
5) It is necessary to clarify whether the ownership of the property left behind by the death of a citizen has been transferred during his or her lifetime.
Legal basis: 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 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 1127 Inheritance shall be inherited in the following order:
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.
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Legal analysis: The old man died, the son died, and the daughter-in-law can inherit the inheritance. If the daughter-in-law has fulfilled the main maintenance obligation to her father-in-law and mother-in-law, the daughter-in-law can inherit the inheritance of the father-in-law as the first-order heir.
In addition, the old man did not make a will when he died, and the son enjoyed the right of inheritance as the legal heir. As long as the son does not renounce the inheritance, the right to inherit the estate shall be transferred to his legal heirs, and the daughter-in-law is the legal heir of the husband, so the daughter-in-law can inherit the estate.
Legal basis: Civil Code of the People's Republic of China
Article 1129:Where a widowed daughter-in-law has fulfilled the primary obligation of support to her parents-in-law, or a widowed son-in-law has fulfilled her primary obligation to support her parents-in-law, she is to be the first-order heir.
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Dear is happy to answer for you, dear, one of the sons died and their children can inherit the property of the old man. When the old man's son dies, the grandparents' inheritance grandson can have the right to inherit. However, the grandson is not the legal heir, and it should be said that the grandson has the same right of subrogation as the grandson in law, not the right of inheritance.
Grandparents can also make a will for their grandchildren to inherit. Where the decedent's children die before the decedent, the descendants of the decedent's children shall inherit by subrogation. If there are other children, the grandchildren have no inheritance rights.
According to the law, if the first heir is there, the first heir will inherit the first heir, and the first heir includes: parents, children, and spouses. If the first heir is gone, the second heir can inherit it, and the grandson and brother are the second heirs.
If you want to get property, you can only do it by gift or testamentary inheritance.
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