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First, in terms of inheritance, there is no difference between the inheritance of the house inheritance and other estates in principle, and there is also a will to be subject to the will, without a will, according to the statutory inheritance, the difference is that the transfer of the house inheritance generally needs to be notarized
Second, the inheritance of real estate requires a notarial deed issued by a notary office, as well as two certificates and two certificates
1. Go to the police station to issue a death certificate for the deceased.
2. The property right certificate or other certificate of the house;
3. Go to the deceased's unit (or neighborhood committee or village committee) to issue a legal heir certificate. The content mainly includes the names of the deceased's spouse, parents, children, and whether the deceased's parents have passed away.
4. If there is more than one legal heir, and the property is transferred to only one of them, the written consent of the other person is required to renounce the inheritance of the property.
5. The identity document of the heir.
3. After the inheritance begins, the inheritance should be distributed equally among the heirs in the same order, and generally cannot be divided more or less. If the parties to the inheritance have any objection to this, they can negotiate with the parties, and if the negotiation fails, they can ask a credible third party to mediate, and if the mediation fails, they can also file a lawsuit with the court (inheritance is not applicable to arbitration).
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Analyze the key points, first of all, the house is a resettlement house, the situation at that time is not clear enough, since it is arranged by the unit, I guess it should belong to your father. Your parents divorced in 68 years ago, and they have no relationship for a long time. Your mother remarried in '76 and her will was only valid for the rest of the property.
On the positive side, your parents have nothing to do with each other, your father dies and you and your brother have the right to inherit, and your mother's will is partially valid, and the will is invalid for property that she has no right to dispose of. Let's just look at it and understand. Maybe someone else has a better answer than I do.
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Personally, I think you have the right to inherit your father's house, and your mother can only dispose of a small part of her inheritance.
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1. Where a person cohabits again after divorce and does not go through the formalities for remarriage, it shall be regarded as illegal cohabitation rather than a de facto marriage;
China's "Marriage Law" clearly stipulates that after divorce, if a man and a woman voluntarily resume their relationship as husband and wife, they must go to the marriage registration office to register their remarriage. There has been no de facto marriage since 1 February 1994.
If your parents divorced and cohabited after February 1, 1994 and did not register their remarriage, then they are not legally married.
2. Your mother has the right to dispose of her own property, but the property rights of the resettlement house do not belong to her, but to the unit, and she cannot distribute the house, so your mother's will can only be partially valid.
3. If you are not mentioned in your mother's will, then you cannot inherit your mother's property, but you have the right to inherit your father's property jointly with your brother.
4. There are several key conditions for the validity of a will: 1. It is the true will of the person; 2. The testator must have the capacity to act; 3. The property disposed of in the will must be the legally owned property of the individual, and the disposal of other property is invalid; 4. The inheritance rights of heirs who are unable to work and live shall not be cancelled in the will; 5. The inheritance share of the fetus should be retained in the will. Your mother's will is valid as long as it meets these points, and has nothing to do with your brother's attitude towards you.
We hope it will be helpful to you, but you should still consult with a professional local lawyer.
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Houses without title deeds are generally not dealt with by the courts.
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