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The first and third houses are not divided, so B's ownership cannot be excluded. If B wants to claim the rights to the three houses, he should divide them first and then inherit them.
Article 26 of the Inheritance Law: Unless otherwise agreed, if the jointly owned property acquired by the husband and wife during the marriage relationship is divided, half of the jointly owned property shall be divided into the spouse's property and the rest shall be the decedent's estate.
Where the inheritance is in the common property of the family, the property of others shall be divided first when the inheritance is divided.
2. Children may request the division of property. In the case of property, it can be divided, and if it cannot be divided, it can be awarded to one of them and compensation can be made to the other party.
Article 29 of the Inheritance Law: The division of the estate shall be conducive to the needs of production and life, and shall not damage the utility of the inheritance.
Inheritances that are not suitable for division may be disposed of by means such as discounting, appropriate compensation, or joint ownership.
3. Because of the nature of the three houses, they were not demolished, and no compensation for demolition was implemented. Therefore, when suing before compensation, the house is divided into a lawsuit. If the house was demolished before the lawsuit was filed, compensation was actually made. The compensation is inherited property, and a lawsuit can only be filed on the grounds of division of the compensation.
4. If there is a conflict between the new agreement and the original filing agreement, the new agreement shall not take legal effect unless it is proved that the registration and filing agreement is invalid due to fraud and coercion, or damage to the interests of others, the public interest, or illegality.
5. Divorce shall be carried out by registration. Once the divorce is registered, the effect of the registration takes place. That is, it can be proved that the divorce was a sham divorce and does not have the effect of automatic remarriage.
Therefore, the last issue is that B cannot claim that the marriage continues after the divorce. Inheritance may not be claimed on this basis.
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In the absence of a will, children and grandchildren can inherit.
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Eun, yes, because this is the rest of the relatives.
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According to the blood relationship, whoever is close to him will inherit it.
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If the uncle has no children, the nephew cannot inherit the estate if there is no will or bequest agreement, but the uncle's parents and spouse can inherit as the first-order heirs, and if there is no first-order heir, the uncle's siblings can inherit the estate. His nephew can inherit only if he meets the conditions for subrogation.
The distribution of property inheritance is as follows:
1. If there is a will, it shall be distributed according to the testamentary inheritance or bequest;
2. If there is a bequest and maintenance agreement, it shall be distributed in accordance with the agreement;
3. Where there is no will or agreement, the property shall generally be distributed equally in the same order of statutory succession.
The procedures required for inheritance are as follows:
1. Apply to the notary public where the estate is located for inheritance procedures;
2. Go to the police station where the decedent's household registration is located to cancel the household registration and apply for a death certificate;
3. The heirs go to the relevant departments of the estate to go through the formalities for the transfer of the estate.
Legal basisArticle 1127 of the Civil Code of the People's Republic of China.
The estate is 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.
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Summary. Dear, I'm honored to answer for you! If the decedent has no children and no parents, and his estate is assigned to the nephew, then the nephew is the legal heir as the testamentary heir!
If the decedent has no children and no parents, and his estate is assigned to a nephew, is the nephew the legal heir?
Dear, it's an honor to answer your travel difficulties! If the deceased has no children and no parents, and his estate is assigned to his nephew, then the nephew will be the heir of the testament and the legal heir!
Legal basis: Testamentary succession can change the legal succession relationship. After the commencement of inheritance, if there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; If there is no will, the inheritance shall be carried out according to the method of succession.
Testamentary succession is to make a will, which faction Kiritsu according to their own will to designate part or all of their estate by whom to inherit, the heir according to the designation of the will to enjoy the right of inheritance, and is not limited by the order of inheritance; In the case of statutory inheritance, the scope and order of inheritance shall be prescribed by law, and the heirs shall directly enjoy the right of inheritance in accordance with the provisions of the law and inherit the inheritance in the order prescribed by law.
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Hello, nieces can inherit their uncle's estate only in case of subrogation. That is, the uncle's first heir is no longer there, and the niece's own father is no longer there.
Article 1127 of the Civil Code The inheritance of inheritance shall be in the following order:
1) First order: spouse, children, parents;
2) Second order: siblings, grandparents, maternal grandparents.
Article 1128:Where the children of the decedent die before the decedent, the blood relatives of the children of the decedent are to inherit by subrogation.
If the decedent's siblings die before the decedent, the children of the decedent's siblings shall inherit by subrogation.
Subrogated heirs can generally only inherit the share of the estate to which the subrogated heir is entitled.
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Even if he has no children and no daughters, his first heir in line still has his parents and spouse, and even if these people are gone, his second in line will have grandparents, maternal grandparents and siblings, and it will not be his niece's turn.
First of all, half of it is the joint property of the parents and the husband and wife, and there is no inheritance, which is the property of the mother. The remaining half is generally divided equally between the mother and the child, provided that the father's parents are gone, and if the father's parents are still alive, they can also be divided.
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