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No, after all, the property rights belong to the second elder. Therefore, whether the money is not money depends entirely on the meaning of the second elder; There is also a situation where as an inheritance, and you are the only heir, at this time the property right is yours.
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The house belongs to the second elder and has nothing to do with his son. Not to mention that the second elder is still alive, that is, on the eve of his death, the second elder has the right to give all his property to others or hand it over to the state, and not to his son. It is not natural for a son to inherit his parents' property, it is all in the parents' thoughts.
Why do you want to divide the money from the sale of the property of the second oldest? If the second elder has already made an ancient inheritance, it is still possible. In short, when the parents are old, the son has the right to inherit.
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There is no money to share from the second elder's property right house to sell his son, because the house belongs to the second elder and has nothing to do with his son. It is their right for the old man not to give it to his son.
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The second old property is sold, and the son has no money to share, because the house belongs to your parents and has nothing to do with you.
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This does not belong to the inheritance, the property right of the house belongs to the parents, the son has no property rights, and he is not eligible to share the money if he sells the house, and the specific use of the money depends on the attitude of the parents.
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The child has no right to share, because the money is your parents' money, he is not your money, you have to get your parents' consent, you can ask your parents' opinion.
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If there is a son's name on the old man's real estate certificate, he will have the son's money, which is the second elder's real estate and the son has no right to share the money.
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The second elder's property right house is sold, and the son does not have the right to ask for this money, unless the old man voluntarily gives it to you.
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The second elder's property right house is bought, and the old man agrees, and the son has money.
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The second elder's property is sold, and the son has no share, unless the parents are willing to give the son that's almost no.
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Home ownership. Housing property rights refer to the rights enjoyed by the owner of the property in accordance with the laws and regulations of the state, that is, the sum of the rights and interests of the house, that is, the right of the owner of the house to occupy, use, benefit and dispose of the house property. The term of house ownership is permanent, while the land use right is one year or 70 years according to the relevant laws and regulations, and the renewal fee is increased by 1%-10% at that time (i.e., the land use right transfer fee).
Chinese name. Home ownership.
Foreign name. property rights of houses
Classification of property rights. Small property rights, large property rights.
**。Acquisition of purchases, acquisitions of construction, etc.
Documents. Housing ownership certificate, land use certificate.
Fast. Navigation.
Property rights**Property rights, property rights years, handling procedures, property rights certificates, other prime ministers.
Housing classification. Classified by property rights.
The name of the property. Land ownership.
The type of fee payment.
Certificate of ownership is issued.
Unit. Mortgages, loans, etc.
Above-ground house type.
Term of land use right.
Large property rights. State-owned.
land transfer money, etc.
State, Housing Authority.
Yes. There can be commercial, residential, affordable housing (affordable housing), limited price housing, etc.
70 years: residential;
50 years: education, culture, sports and work;
40 years: business travel and entertainment;
Small property rights. Collectively owned.
Unpaid. Township ** or village.
Not available. Ordinary dwellings.
There is no definite time and can be terminated at any time.
Classified by home ownership.
Classification by attribution of home ownership. At this stage, China's residential houses can be divided into the following according to property rights
1) State-owned residences;
2) Collectively owned dwellings by working people;
3) privately owned dwellings of citizens;
4) Residences owned by other economic organizations (such as Sino-foreign joint ventures, etc.). Non-residential houses are mainly owned by the whole people (state property) and collectively owned properties, and only a small number of properties owned by other economic organizations.
I acquire it by purchase. Buying is one of the main forms of property rights that people acquire. When buying a home, you should pay attention to the following issues:
First, it should be examined whether the purchased house is legal, whether the relevant procedures are complete, and whether the seller has a legal identity; Second, a house purchase contract should be signed with the seller, and the terms of the house location, purchase method, price, payment method, rights and obligations of both parties should be specified in detail in the contract; Third, you should go to the housing management department in time to go through the registration and transfer procedures.
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After the parents' house is sold, if the parents are still alive, then the parents must be in charge of the sale money, and their son has no right to share it.
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The second elder's house is sold, and the son is not eligible to share the money.
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This is not the case, if they are willing to give it to you.
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According to the Marriage Law, the first heir of the parents' property is the child! You don't have to worry about not getting the money.
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Those who belong to the second elder are willing to share it with you.
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Why do you want to divide the money from the sale of the property of the second oldest? If the second elder has already made an ancient inheritance, it is still possible.
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Yes, you can only sue to the court, first of all, you have to determine who the property right is now, let the old man sue later, the request is to ask him to return the unjust enrichment of the sale of the property and compensate for the corresponding losses, if the house is purchased in good faith, then it is not possible to ask for return, second, who owns the property right of the old house, if it is owned by the old man, you can ask the court to declare the eldest son's settlement invalid. What you said is too general, and many questions are still not detailed. So these are the only answers.
But what is certain is that the legal process must be followed, and the sooner the better, because you cannot afford to delay it.
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It is possible to go to court to file a civil lawsuit against this son.
1 It is necessary to prove that the defendant did not support the elderly.
2 Prove that the defendant concealed the positive = true content of the contract when the old man signed the contract with his son.3 The contract signed by the old man and his son was not the true intention of the old man.
1.Return of property.
"Return of property" means that after the contract is confirmed to be invalid or revoked, the parties to the contract have the right to claim the return of the property that has been delivered to the other party, and the other party has the obligation to return the property that has been accepted. There are two forms of return of property: First, unilateral return.
Unilateral return refers to the return of property by one party to the other party in accordance with an invalid contract, and the party returns the property to the other party; Or, although both parties have accepted property from the other party, but one party has not committed an illegal act, and the other party has committed an intentional illegal act, the party who has not committed the illegal act has the right to request the return of the property, while the party who has committed an intentional illegal act has no right to request the return of the property, and the property in the possession of the other party shall be turned over to the state treasury in accordance with law. Unilateral return is to return the property of the other party in the possession of one party to the other party, and the return should be the original thing, and the original delivery of the currency should be returned in currency; If the property was originally delivered, the property should be returned. Second, both sides returned.
The return of the property by both parties means that both parties have received payment from the other party, and the property of both parties is returned to the other party and the property is returned; If the parties deliberately violate the law in the case of the return of the currency, all the property obtained by the parties from the other party shall be returned to the State treasury.
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There is a real problem in the realization of society, that is, when parents give all their property to their children in advance, they are very miserable, so you now write the money and the house in the name of your son, do you think they will really treat you well, or do they say that they were good to you before because of your property, to tell the truth, no one can guess through the belly, in short, others are not as good as their own. Don't divide the property until the end.
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For the sake of family harmony, as a family, it is fair to divide the two sons, to have a bowl of water, and they all want a good house, but the price of the large and small houses can be divided equally.
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The eldest son has already given him a set, and now, of course, it is for the second son. It is also necessary to give due consideration to the appreciation of the eldest son's house, and finally balance the value between the two sons.
You can also sell the small property right house that the eldest son doesn't want, and buy two more houses, one for each person.
Thank you for your question.
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Large and small property rights are actually a common term for practitioners in our industry.
The so-called large property rights refer to the real estate purchased from the developer for which the land transfer fee has been paid, including: commercial housing, apartments, secondary transactions and purchased public housing and affordable housing for which the land transfer fee has been paid;
Small property rights refer to the purchased public housing purchased at cost price from the original property right unit participating in the housing reform. It is also proven. Ownership can be transferred.
But there is also a so-called small property right, which is not recognized by the state and has no legal procedures, so be careful! This type of property is common in rural brigades that develop their own unapproved real estate projects. This kind of "small property rights" is precisely said to be - no property rights, no property rights legally recognized by the state, and can even be regarded as illegal buildings in the registration of the real estate bureau.
As long as the transfer can be smooth, there is no big problem. You can ask for the final payment after closing. Generally, it is tens of thousands of yuan.
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Isn't that simple? Does the seller have a real estate certificate in a big red book? Yes, there is a large property right.
If the unit is divided, the individual buyout is called a house to change the house, and the land transfer fee needs to be paid back when the transaction is made, which is only a thousand yuan. Don't you look at the seller's procedures when buying a house? If you are still not at ease, you can go to the local housing authority with the seller to check the file.
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This problem is worth paying attention to, there used to be a number of houses built with state funds, the state accounted for 51%, individuals accounted for 49%, that kind of house he did not have a real estate certificate, as long as he has a real estate certificate, it is a large property right, small property rights can not get a real estate certificate.
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According to the law, the eldest in the name of the eldest shall belong to the eldest person, and the other set shall be in the name of the parents, which shall be an inheritance and be jointly inherited by four people. But if the girl wants to get married, the eldest already has a house, whether it is emotionally or in court, the judges will also favor the second child. The four are brothers and sisters, and the property may belong to the second child, or it may be inherited by the four people, but it will be biased towards the second child, and it will also affect the relationship between the four brothers and sisters.
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Small property rights?
Nowadays, the risk of buying a small property is very high, and it is difficult to transfer the ownership.
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It shouldn't be, because the property is not in your name now, so you can only count as having a house.
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Of course, it is a second suite, you can transfer it to them, and it is not a second suite.
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That shouldn't count, because the old man's property is not yours alone.
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1. The term of the land use right of the residential house shall be 70 years, which shall be counted from the time of obtaining the land use right of the place.
2. The starting time of the land use period of the property right of the house reform house shall be subject to the first house to pay the land transfer fee after the above-ground house on the plot participates in the housing reform.
3. The service life of affordable housing is 50 years. If the time of the real estate company to buy the land begins, the purchase contract will state, for example, the land use period is from 1997 to 2067, a total of 70 years, if the time of buying the house is 2006, then your land use right is only 61 years, but you have the permanent property right, and by 2067, you only need to pay the land transfer fee, you can continue to live, because land is not allowed to be privatized in China. Land ownership is always vested in the state, and individuals are only granted the right to use the land.
2. The term of property rights.
According to Article 12 of the Interim Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Rights, the maximum term of land use rights transfer shall be determined according to the following purposes:
1) 70 years of residential land;
2) 50 years for industrial land;
3) 50 years of land for education, science and technology, culture, health and sports;
4) 40 years for commercial, tourism and recreational land;
5) 50 years for comprehensive or other land use.
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OK.
Small property rights housing refers to the construction of houses on the collective land of farmers, without paying land transfer fees and other fees, and its property rights certificate is not issued by the state housing management department, but by the township ** or village committee issued by the circulation and transfer of small property rights There are many restrictions, because small property rights only have the use of ordinary commercial housing, but do not have the legal nature of ordinary commercial housing, in fact, it is not commercial housing, and there will be no real estate certificate. >>>More
Generally speaking, "small property right house" is a house built on collective land, and according to the current policy, ** is generally not supported, and the property right certificate that can issue this kind of house can only be issued at the township level and village level, so it is "township property right house", also called "small property right house". The so-called small property rights issued by the township ** actually have no real property rights. This kind of house does not have a land use certificate and pre-sale permit issued by the state, and the land and housing management bureau will not file the purchase contract. >>>More