The name of the grandfather and the father who have the right to use the house, how can the grandfat

Let's help you analyze it in this way. The house is in the names of Grandpa and Dad, and the ownership should be 50% each, if there are no specific provisions, and then:

Grandpa's part: 50% of the grandpa is owned by the grandmother, which is 50% * 50% = 25% of the house, and the remaining 50% of the grandpa part (i.e. 25% of the house) is divided equally between all the grandpa's children and the grandpa's parents (if they are still alive).

Daddy's part: Mom accounts for 50% of it, that is, 50% of the house * 50% = 25%, and the remaining 50% of the daddy part (that is, 25% of the house) is divided equally between all of the father's children and grandma (considering that grandpa is gone, assuming grandma is still there).

In this way, you can calculate how to divide it.

If your grandfather and dad have the right to use the house, but they both passed away, then their children will inherit it.

Because the house belongs to the right of use, that is, whoever has a household registration here will live there temporarily, and when the property rights are changed in the future, it will be distributed according to the law.

It should be that the children have the right to inherit, and the house should be introduced according to the inheritance right, right?

I guess it's the property right of the house.

Oh, using the names of the former grandfather and father, the grandfather and father are gone, how can you say that? Dad, if you have a few children, just share them.

May I ask if the property is in my grandfather's name, and the land use certificate is in my father's name, and now that my grandfather has passed away, who should the house belong to? According to Article 5 of the Inheritance Law, after the commencement of inheritance, it shall be handled in accordance with 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 there is no will, then the inheritance should be handled in accordance with the statutory succession.

According to Article 10 of the Inheritance Law, the estate shall be inherited 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.

If there is no first-order heir, the second-order heir shall inherit. According to Article 13 of the Inheritance Law, 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.

Do you understand this explanation?

Whether the house is inherited after the death of the grandfather's name depends on whether it is a testamentary inheritance or a legal inheritance. If the time of the father's death precedes the grandfather, subrogation will occur here. Subrogation refers to:

In legal inheritance, the decedent's children die before the decedent, and the descendants of the decedent's children inherit by subrogation. A person who inherits by subrogation can generally only inherit his share of the estate to which his father or mother is entitled.

1. What is the right of subrogation?

Subrogation, also known as "indirect succession". It refers to the legal system in which the children of the decedent die before the decedent in legal inheritance, and the descendants of the decedent's children inherit the decedent's estate in place of their parents' inheritance order.

The establishment of this system is based on the fact that the subject of the exercise of the right of inheritance should be the actual living quarter, and if the heir dies before the decedent, it is obviously impossible to exercise the right of inheritance. In order to protect the material and economic interests of the direct blood relatives of the heirs who died before the decedent, a system of subrogation was established.

Article 1128 of the Civil Code (effective as of January 1, 2021) stipulates that "if the children of the decedent die before the decedent, the descendants of the decedent's children shall inherit by subrogation." A subrogated heir can generally only inherit the estate to which his father or mother is entitled.

Subrogation only applies to children who die before the decedent in the first order of legal succession.

2. If the father dies, can the son inherit the grandfather's property?

When the father dies, the son inherits the grandfather's property.

According to Article 1128 of the Civil Code, if the decedent's children die before the decedent, the decedent's children shall be subrogated by the blood relatives of the decedent's children.

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.

According to the provisions of Article 1123, after the commencement of succession, it shall be handled in accordance with the 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.

3. When a non-statutory heir has the right to inherit.

The following circumstances do not allow the heir to inherit by law: 1. If the children of the decedent die before the decedent, the descendants of the decedent's children shall inherit by subrogation. A subrogated heir can generally only inherit his father's or mother's share of the estate.

2. If the widowed daughter-in-law has fulfilled the main maintenance obligation to the father-in-law and mother-in-law, the widowed son-in-law shall be the first-order heir. 3. For those other than the heirs who are dependent on the decedent's support, lack the ability to work and have no livelihood, or those who support the decedent more than the heirs, they can be given an appropriate inheritance.

Other children have no right of inheritance, and when the grandfather is alive, the transfer of the property to your father's name is regarded as a personal gift from your grandfather to your father, and when the name on the property certificate is changed, the gift has been completed, and it is regarded as your father's personal property, and the house is no longer your grandfather's personal property.

The so-called inheritance is the personal legal property left by the citizen when he dies, and the inheritance will be distributed by the legal heirs in the absence of a will. Therefore, the grandfather's other children have the right to inherit the grandfather's other property, and the house that has been transferred to your father is no longer included.

[Legal basis].

Article 657 of the Civil Code A gift contract is a contract in which the donor gives his property to the donee free of charge, and the donee expresses his acceptance of the gift.

Article 209 of the Civil Code The creation, alteration, transfer and termination of immovable property rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.

The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Article 217 of the Civil Code The certificate of ownership of immovable property is the proof that the right holder enjoys the right to the immovable property. The matters recorded in the certificate of ownership of immovable property shall be consistent with the immovable property register; In the event of inconsistencies in the records, the immovable property register shall prevail unless there is evidence to prove that there is an error in the immovable property register.

Article 1127 of the Civil Code The inheritance shall be 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. 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.

Article 1123 of the Civil Code After the commencement of inheritance, it shall be handled in accordance with the 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 1133 of the Civil Code A natural person may make a will to designate personal property to be inherited by one or more of the legal heirs. A natural person may make a will to donate his or her personal property to an organization or individual other than the state, collective, or legal heirs.

The house is an attachment to the land, and the prerequisite for the registration of the house right is to obtain the land use right, and the question of the ownership of the house you raise depends on the order of the registration of the real estate certificate and the land use right certificate, if the real estate certificate is registered before the land use right certificate, it proves that the property has been transferred to your father; If the land title deed is registered before the title deed, it proves that the property belongs to your grandfather.

Your grandfather's property counts as an inheritance.

All legal heirs can make distributions. Uncles, aunts can ask for allocation.

The land is your father's, no problem.

The house belongs to the person who has the right to inherit.

Did your grandfather have a will? If not, it should be your dad's.

It must be your dad, and your dad is the legal heir.

The house is grandpa's place, and the house is built by dad, whose family does it belong to.

No matter who built the house, as long as the name of the land owner is inconsistent with the name of the owner of the Yinyuan house, there is a situation where the land right is separated from the house right, in this case, the house is your father's, but because the land is your grandfather's, your uncles and uncles can ask for the division of your grandfather's property, and the house built by your father will be discounted at most when the property is allocated, and then deducted from your grandfather's wealth cave.