My dad has passed away, and the title deed is in my dad s name, do his siblings have the right to di

Whether siblings have the right to divide the house depends on whether the house is your father's personal legal property and whether the siblings have the right to inherit. If the house is your father's personal legal property and siblings have the right to inherit it, they have the right to divide the house.

First of all, Article 1122 of the Civil Code of the People's Republic of China stipulates that inheritance is the personal legal property left by a natural person when he or she dies. An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.

If the nature of the property is the joint property of your parents, even if it is registered in the name of the deceased individually, it does not change the nature of the joint property of the decedent, and the inheritance can only occur because of the decedent's share of the house.

Secondly, Article 1123 of the Civil Code stipulates that 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 decedent has left a corresponding will, clarifying the issue of property inheritance, then it is necessary to inherit according to a valid will.

If the will excludes the siblings from inheriting, then the siblings have no right to inherit the house.

Finally, Article 1127 of the Civil Code stipulates that inheritance shall be carried out 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.

It can be seen that after the succession begins, if there is a first-in-line heir, the second-in-line heir does not inherit. Therefore, if the decedent has any one of their spouses, parents and children, the brothers and sisters do not have the right to inherit.

If you're alive, they don't stand a chance. Just look at the definition of legal heirs:

Article 10 of the Inheritance Law states that the inheritance shall be in the following order:

First order: spouse, children, parents.

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.

The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren.

The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents.

The term "brothers and sisters" in this Law includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

Theoretically, your father's siblings have the right to share the house. But there are certain conditions, such as when your father dies, grandpa is still alive, if grandpa dies first. Not anymore.

The reasons are as follows: In the case of legal succession, the first-order heirs are: spouse, children, and parents.

Therefore, when your father dies, if your grandfather is still alive, then your grandfather is entitled to a part of your father's property (unless your grandfather renounces the inheritance in writing).

Then when your grandfather dies, the part of the property that your grandfather belongs to is used as an inheritance, and his children have the right to inherit it. So it will appear that your father's siblings (i.e., your uncles and aunts) will have the right to inherit the house.

No, spouses, children, and parents are the first in line of succession, and as long as these people have surviving brothers and sisters, they have no right to inherit, because the brothers and sisters are the second in order, unless the decedent has left a part of the will to the siblings.

Dad passed away, and if a will was left, the estate was distributed according to the will. If there is no will, it will be distributed according to the legal inheritance, and the spouse, children, and parents are all first-order heirs. If your mother and grandparents are alive, they have the same inheritance rights as you.

As long as there is any first-order heir alive, it will not be your father's siblings to divide the house, they are second-order heirs. When there are first-order heirs, second-order heirs do not inherit.

His siblings did not have the right to divide the house. The landlord's father died, and the house was used as an inheritance, and if there was a will, it would be inherited according to the will, and if there was no will, it would be inherited in order. The first heirs are parents, spouses and children, and the brothers and sisters belong to the second in line, and here the landlord as the father's children are the first in line and the other first in line (if there are any) inherit together, so there is nothing in the second line of succession.

If the title deed is in your father's name, it means that the owner of the property is your father. After your father's death, the property is inherited as an inheritance. If your father left a valid will, he will inherit according to the will.

If there is no will or the will is invalid, it shall be inherited by the legal heirs in the first order, including his parents, spouse and children. His siblings are second-order heirs and have no right to inherit if there is a first-order heir.

No. First in line to the throne includes the deceased's parents, spouse, and children. Second-in-line heirs include grandparents, maternal grandparents, and siblings.

As long as there are still people alive among the first heirs, the second in line will not receive a dime. Only when the first in line is extinct, the second in line can participate in the distribution.

According to the provisions of the Civil Code, the heirs in the first line of succession include parents, spouses and children, excluding the siblings of the decedent. Speaking of your father specifically, your father's parents are definitely no longer alive, and then your mother, and your siblings are the first in line of succession. The house is in your father's name, but your mother is also half.

The remaining half of the property is an inheritance and is inherited by the first heir.

The title deed is the property in your father's name, and your father's siblings have no right to inherit it, because they belong to your father's collateral family, and only your father's children, wife, children, and parents are the immediate family members and have the right to inherit.

No, the order of inheritance: spouse, children, parents. Widowed daughters-in-law and widowed sons-in-law who have fulfilled the main obligation of support to their parents-in-law or parents-in-law shall be the first-order heirs.

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. From the time of the death of the decedent, the inheritance rights of the legal heirs are established. The heirs who are subordinate to the first order can propose to inherit the estate at any time, and they can also expressly renounce the right of inheritance before the division of the estate.

If there is no express renunciation, it shall be deemed to have acquiesced in its inheritance rights.

If your father has first-order heirs and does not leave a will, his siblings are not entitled to inherit according to the Civil Code. It should be inherited by your father's spouse, children, and parents, and his siblings are second-order heirs.

Your dad dies and your dad's name is written on the title deed, so the ownership of the house belongs to your father. Under inheritance law, you are a first-in-line heir, and you have the right to inherit your father's property. His siblings belong to the second-order heirs, and they can only inherit the property when there is no first-order heir, because with you as the first-order heir, they have no inheritance rights.

That depends on whether your grandparents are still alive or not, and if the grandparents are still alive, then. There will be grandparents, but no. His siblings' share.

But if. Dad dies first, and then grandparents die. He had all his siblings.

Because they're going to inherit your grandparents' share.

According to Article 1127 of the Civil Code, "the inheritance shall be inherited in the following order: (1) the first order: spouse, children, parents", if the grandfather dies before the father, he is no longer the legal heir of the father and has no right to inherit the father's estate.

Since Dad's siblings are not the legal heirs of Dad, they are also not entitled to inherit Dad's estate.

Your father has passed away, and the title deed is in your father's name, and the property should be the joint property of your father and your mother; The one-half property that belongs to Dad after Daddy's death should be inherited by Daddy's first-order heirs in equal shares, and this order of heirs includes your grandparents, your mother and all your siblings, and Dad's siblings have no right to inherit.

When your father dies, your father's share of the property can be inherited by the legal first-order heirs, that is, your father's parents, spouse, and children, and if the first-order heirs do not exist, the legal second-order heirs can be inherited, and your father's brothers and sisters belong to the legal second-order heirs.

The first heir is your mother, if your mother is gone, you are the heir in order, if there is no will, other relatives also have the right to inherit, this depends on the law, it is very troublesome.

You should say that if the title deed is in your father's name, his siblings have no rights, and it is generally inherited by the spouse and then the children. , which is not related to any other siblings.

If your father's name is on the real estate certificate, it means that the house belongs to your father, and if your father has children, the children are the first heirs, and the father's siblings have no right to share it.

If the property was bought by your grandfather and written in his father's name, then his siblings can have the right to ask for a share, and if the property is the joint property of your parents, his siblings are not eligible for a share, it should be divided between your mother and your children.

If your father's name is on the real estate deed, there will be a testamentary heir after your father's death, and if there is no testamentary heir, it will be inherited according to the legal will. The first in legal succession are parents, spouse and children (illegitimacy). In the absence of a first-order heir, there is a second-order sibling inheritance, even if you are the first-order heir, your father's siblings have no right to share your father's house.

The real estate certificate is your father's name, and generally our conventional rule is whether his siblings have the right to inherit, but according to the current law, the first heir is the husband and wife, and then the children and grandparents come down, and then the siblings are the third heir, so they should have the right to inherit.

Your house belongs to your father, and your father's name is written on it, and as long as there is no financial matter, his siblings have no right to share the house.

Your father's siblings have no right to divide the room, but what about your mother? What about your grandparents? Do you have any other siblings?

If they are gone, and your grandparents died before your father, you are the only heir; If your father died before your grandparents, your grandparents' share of the property inherited by your father's siblings and you will inherit it equally.

According to the law of inheritance, your father's first heir is his spouse (i.e. your mother).

Children (i.e. your siblings), parents (i.e. your grandparents). As long as your father's primary heir exists, your father's siblings as secondary heirs cannot inherit.

However, if your father had a will during his lifetime and let someone else inherit it, he needs to inherit according to the will, not in the order of heirs.

According to the relevant law, your father's siblings do not have the right to divide the property. As for the detailed reasons, let's briefly talk about them below.

First of all, the property is in your father's name, and the property will be considered his inheritance after his death on the same day, and your father's brothers and sisters have no right to divide the property according to the order of inheritance according to the laws of our country. In the order of heirs stipulated by the laws of our country, spouses, children, and parents are the heirs in the first order, while siblings, grandparents, and maternal grandparents are the heirs in the second order. So, the only people who can divide the property are your mom, yourself, and your siblings and grandparents.

Secondly, if your father made a will during his lifetime, which clearly stated that the property would be inherited by one of his siblings, then they have the right to divide the property. In fact, in front of the legal heirs, the will has priority. That is to say, if your father previously indicated that the property would be given to his siblings when he was completely in his mind, then his siblings would have the right to divide the property after his death.

But don't worry, although this is possible, I am sure that your father will not ignore you and give away the property to his siblings.

In the end, it is better to sit together as a family and discuss the distribution of your father's estate. In fact, in real life, many families will fall into the turmoil of inheritance competition after the death of their loved ones, and in the end, they will lose more than the enemy. Therefore, in order to ease the relationship, you can pull them all down and sit together, and give them some legal knowledge about inheritance, and I believe that they will not embarrass you for the sake of your dead father.

If they really want to fight for your father's property, then use legal means to protect their interests.