The old man s house was sold by his son without permission, and there is no evidence for both partie

Updated on society 2024-07-15
7 answers
  1. Anonymous users2024-02-12

    Just kidding.

    First, if the name of the house is the old man's, the son can't sell it privately. No transfer! As long as the house book is still in the name of the old man, the house is the old man's, and the proof of the sale process and the like are invalid!

    Second, if the son forged the certificate or the like, then his behavior is illegal and needs to bear the corresponding legal responsibility. Even if the buyer moves into the house, it needs to be returned to the elderly. In the process of buying a house, all the fees paid by the buyer need to be returned by the seller.

    If the money is not used for any other purpose, the buyer has the right to apply for recovery of the property.

    Third, what does the subject mean by the so-called evidence? Books, receipts, or whatever.

    The house could have gone to the original unit of the house, the housing authority and other places to inquire about the certificate, and there would be a case; The transaction record of the purchase and sale can be replaced by the bank transfer record + other evidence. As long as it's not a cash transaction, evidence can definitely be found.

    Fourth, whether the parties are buyers or the elderly, there is no need to rush when encountering such a thing, and do not solve it through informal channels. It is good to seek legal assistance directly or find a lawyer to come forward.

  2. Anonymous users2024-02-11

    If the property belongs to the old man, his son cannot sell it without his unauthorized consent. It must be that the son coaxed the old man to write a power of attorney, or deceived the old man in other ways and managed to sell the house, which is illegal, and the court can declare the son's act of selling the house by deception invalid by legal means with sufficient evidence, so as to recover the old man's house.

  3. Anonymous users2024-02-10

    How can you get it back if you've already sold it? Who would spend money in vain and not want a house.

    If you pay attention to the distribution of the house payment, this is more realistic.

    It is impossible to get the house back from the sale.

  4. Anonymous users2024-02-09

    The elderly can definitely donate their property to one of their children. Because of the old man's real estate, the old man has his own right to claim, and he can completely donate his real estate to one of his children. Others have no right to interfere, let alone be forced.

    It can even be donated to the state, schools, poor mountainous areas, and welfare homes, which are the rights of the elderly) In our country, the inheritance methods are divided into the following four types: (1) testamentary inheritance, that is, the decedent makes a will before his death and designates the heir to inherit his own estate. (2) Bequest, that is, the decedent made a will before his death, and donated the estate to the state, the collective, or a person other than the legal heir.

    3) Bequest and maintenance agreement, that is, the decedent and the dependant enter into an agreement that the decedent shall bear the obligation of the decedent's life and burial, and all or part of the decedent's property will be transferred to the dependant after his death. This method mainly occurs when the elderly have no one to support them. (4) Legal inheritance, that is, in the absence of the above three circumstances, the law determines the order of distribution of the estate according to the distance of kinship.

    If there are more than two types of inheritance at the same time, among the four types of inheritance, the bequest and maintenance agreement has the highest effect, followed by testamentary succession and bequest, and the least effective is statutory succession.

    Civil Code of the People's Republic of China

    Article 1126:Men and women are equal in inheritance rights.

    Article 1127 The inheritance shall be in the following order:

    1) 1st Order: Spouse, Children, Parents (2) 2nd Order: Siblings, Grandparents, Maternal Grandparents.

    After the inheritance begins, it will be inherited by the first-order heir, and if the second-order heir does not inherit, if the first-order heir inherits, it will be inherited by the second-order heir.

    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.

    Article 1133:Natural persons may make a will to dispose of personal property in accordance with the provisions of this Law, and may designate an executor.

    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.

    A natural person may establish a testamentary trust in accordance with the law.

  5. Anonymous users2024-02-08

    Summary. Hello dear, I'm happy to answer your <>

    The house left by the old man was sold by the younger son, and the other children could still get it back<> as long as the property was not given to the younger son in the will, the other children could get it back<>.

    Hello dear, I'm happy to answer your <>

    The house left by the old man was sold by the younger son, and the other children can still get it back<> Qizen As long as the property is not given to the younger son in a will, he can ask for his children to <>get it back.

    Dear, hello, the principles of estate division include: the principle of freedom of estate division; the principle of retaining the share of fetal inheritance; The principle of mutual understanding and mutual concession, and the principle of negotiation and division of socks is high; It is conducive to production, life and does not harm the principle of heritage use value. Methods of estate division include:

    physical segmentation; Variable compensation split; Preservation of common divisions. Article 1155 of the Civil Code provides that when the estate is divided, the fetus's share of inheritance shall be retained. Qi Qingda replied that the fetus was dead when it was delivered, and the reserved share was handled in accordance with the legal inheritance.

  6. Anonymous users2024-02-07

    Summary. <>

    Hello dear, glad to answer for you! If the buyer does not know that the house is shared by the children, the buyer obtains the house in good faith, and the other children cannot return the house, but can only ask the younger son to divide the money from the sale of the house according to the statutory inheritance, according to the provisions of the Civil Code of the People's Republic of China, if the person without the right of disposition transfers the immovable property or movable property to the transferee, the owner has the right to recover; Except as otherwise provided by law, the transferee acquires ownership of the immovable or movable property under the following circumstances: (1) the transferee is acting in good faith when transferring the immovable or movable property; (2) Reasonable transfer; (3) The transferred immovable or movable property shall be registered in accordance with the provisions of law, and the transfer shall be delivered to the transferee if it is not required to be registered.

    Where the transferee acquires the ownership of immovable or movable property in accordance with the provisions of the preceding paragraph, the original owner has the right to claim damages from the person without the right of disposition. Where the parties acquire other real rights in good faith, the provisions of the preceding two paragraphs shall apply by reference.

    The house left by the old man was sold by the younger son, can the other children come back?

    Hello dear, glad to answer for you! If the buyer does not know that the house is shared by the children, the buyer obtains the house in good faith, and the other children cannot return the house, but can only ask the younger son to divide the money from the sale of the house according to the statutory inheritance, according to the provisions of the Civil Code of the People's Republic of China, if the person without the right of disposition transfers the immovable property or movable property to the transferee, the owner has the right to recover; Except as otherwise provided by law, the transferee shall acquire ownership of the immovable or movable property if the following circumstances are met: (1) the transferee is bona fide when transferring the immovable or movable property; (2) Reasonable transfer; (3) The transferred immovable or movable property shall be registered in accordance with the provisions of the law, and the transferee shall be delivered to the transferee if it is not required to be registered.

    If the transferee obtains the ownership of immovable or movable property in accordance with the provisions of the preceding paragraph, the owner of the original source orange has the right to claim damages from the person without the right to dispose of it. Where the parties acquire other real rights in good faith, the provisions of the preceding two paragraphs shall apply by reference.

    Hello dear, you can take a look at these fine prints first.

    Hello dear, but it shouldn't be that simple to come back. It's time to sue for it.

  7. Anonymous users2024-02-06

    However, it is okay to be a household, but this will bury a lot of hidden dangers, so it is best to dissolve the property as soon as possible and determine the ultimate owner of the property. The inheritance of real estate should first go to the notary office to go through the notarization procedures for real estate inheritance, and then go to the real estate transaction center to go through the real estate inheritance procedures. The procedures required for the transfer of property after the death of the elderly person are:

    1. Go to the police station where the decedent's household registration is located to cancel the household registration and apply for a death certificate.

    2. To go to the district or city notary office (the original export commercial housing to the city notary office) for inheritance notarization.

    3. Handle the registration of housing transfer, and the person applying for the suspension of erection is the heir or legatee.

    4. Bequests are different from statutory inheritance and testamentary succession, and taxes need to be paid. Since it is a legal obligation to support one's parents, even if the old man gives all his property to one son, all the children of the old man still have the legal obligation to support the old father.

    If the son of the maintenance agreement, who stipulates that he should support the elderly, does not actually support the elderly, then he has violated his obligations under the agreement, and naturally cannot enjoy the benefits given in the agreement, and this agreement has lost its practical significance because of his non-performance of his obligations. Sign the sales contract, deliver the documents, pay the tax, pay the tax and transfer the account, and obtain the certificate. Sometimes the procedures vary from region to region, for example, it is possible to pay taxes first and then submit the documents.

    Signing a sales contract refers to the negotiation and signing of a contract between the buyer and the seller together with the intermediary party (if any) on the real estate, delivery method, payment method, etc. Deliveries refer to:

    The buyer and seller should bring the relevant documents to the housing authority to apply for real estate transfer registration.

    The old man is conscious, as long as he meets the conditions of Yihong which song, it is effective.

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