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Chapter II: Statutory Succession.
Article 9: Men and women are equal in inheritance rights.
Article 10 The inheritance shall be carried out 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.
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.
Article 11: Where the children of the decedent die before the decedent, the descendants of the decedent's children are to inherit by subrogation. A subrogated heir can generally only inherit his father's or mother's share of the estate.
Article 12: Where a widowed daughter-in-law has fulfilled the primary obligation to support her father-in-law or mother-in-law, or a widowed son-in-law to her father-in-law or mother-in-law, she is to be the first-order heir.
Article 13: 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.
Article 14 Appropriate inheritance may be distributed to persons other than heirs who lack the ability to work and have no livelihood who rely on the support of the decedent, or who do not support the deceased more than the heirs.
Article 15 The heirs shall, in the spirit of mutual understanding, mutual accommodation, harmony and unity, negotiate and handle the issue of inheritance. The time, method and share of the division of the estate shall be determined by the heirs through consultation. If the negotiation fails, the people's mediation committee may mediate or file a lawsuit in the people's court.
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You can go to the notary office and sign a gift agreement. However, it must be done by both husband and wife. Or the couple and their son can go directly to the housing management department to transfer the property.
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The two parties negotiated, made a notarization and then went to the real estate department to transfer the ownership.
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For real estate during the existence of the husband and wife relationship, there is no such thing as "the man has not paid a penny"! "The title deed has the names of the 2 remarried couples" indicates the joint property of the two people, unless there is evidence that the down payment is pre-marital or personal property! Otherwise, two people and one half!
The woman can only give her co-ownership to her son! Or the husband and wife go through the gift procedures at the same time!
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You can do a notarization of the gift and then transfer the ownership.
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1. How to inherit the property after the father remarries.
1. After the father remarries, the children inherit the property as follows:
1) If the decedent does not make a will, the heir established by the will is the heir in the first line;
2) If the decedent does not make a will, the inheritance should be in accordance with the statutory inheritance, in this case, the spouse and children are the first in line of succession, and then the second in line of succession are siblings, grandparents, maternal grandparents.
2. Legal basis: Article 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. If there is no first-order heir, the second-order heir shall inherit.
The term "children" as used in the Honno Shuliang compilation includes legitimate children, illegitimate children, children who raise Bilu, and stepchildren who have a relationship of dependency.
For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship.
For the purposes of this Part, the term "brothers and sisters" includes siblings of the same parents, half-siblings or half-siblings, adoptive brothers and sisters, and step-brothers and sisters who have a relationship of support.
Article 1128.
Where the decedent's children die before the decedent, the decedent's children are to be subrogated by the direct descendants of the decedent's blood relatives.
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.
2. What materials are needed for real estate inheritance.
1. Application form;
2. Identity document of the heir;
3. The original real estate warrant;
4. Death certificate of the decedent;
5. Inheritance certificate and notarial certificate;
6. Housing survey table, house plan and cadastral map provided by the Municipal Housing and Land Surveying and Mapping Center;
7. Housing appraisal list.
If you can ensure that the child can be given a good growth environment, then it is okay to be born, if you are uncertain and the economic ability and living conditions are limited, in the spirit of a responsible attitude towards the child, then put it off again.
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