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First, the situation of the parties:
1. It can be handled in accordance with the provisions of Article 31 of the Inheritance Law of China;
2. It is also possible to make a will with the decedent before his death, designating the party as the sole heir.
Article 31: Citizens may sign bequest and maintenance agreements with their dependents. According to the agreement, the dependant undertakes the obligation of the citizen's birth, death and burial, and enjoys the right to receive the bequest.
Citizens can sign bequest and maintenance agreements with collectively-owned organizations. According to the agreement, the collective ownership organization undertakes the obligation of the citizen's birth, maintenance, death and burial, and enjoys the right to receive a bequest.
Article 16: Citizens may make a will to dispose of their personal property in accordance with the provisions of this Law, and may designate an executor.
A citizen may make a will to designate personal property to be inherited by one or more of the legal heirs.
Citizens may make a will to donate their personal property to persons other than the state, the collective, or the legal heirs.
Article 17 The notarized will shall be handled by the testator through a notary public.
The self-written will shall be written and signed by the testator, indicating the year, month and day.
A scrivener will shall be witnessed by two or more witnesses, one of whom shall write on behalf of the testator, indicating the year, month and day, and shall be signed by the scrivener, other witnesses and the testator.
A will made in the form of a recording shall be witnessed by two or more witnesses.
The testator may make an oral will in a critical situation. An oral will should be witnessed by two or more witnesses. After the critical situation is resolved, if the testator is able to make a will in written or recorded form, the oral will made is invalid.
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First of all, the whole family will find a lawyer, and the eldest son will write a waiver letter, which will be kept after legal appraisal, and the house inheritance agreement will be written to avoid problems in the future
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Just transfer the title and you're done.
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The agreement for the children to renounce the inheritance of the house is as follows:
1. Renunciation of inheritance is a "statement", not an "agreement";
2. Declaration of renunciation of inheritance: I ** (ID number), the legal heir of ** (name of the decedent), I hereby declare that I voluntarily give up the inheritance** (the name of the item or the specific address of the real estate that renounces the inheritance). Finally, it must be signed and dated by the person;
3. If the heirs negotiate between the heirs to inherit the property by one person and compensate the other heirs, the heirs shall write another compensation agreement;
4. In the agreement, it is written that the heir **renounces inheritance** (the name of the decedent), and the real estate located in a certain place shall be compensated by the heir** (the name of the party contributing compensation) to the renunciated heir according to a certain standard, and the heir who renounces the inheritance shall assist the other party in handling matters related to inheritance and transfer. when and how compensation will be paid;
5. The agreement must be signed and dated by all the heirs involved. The agreement can be drawn up between the heirs or notarized.
Legal basis: Article 112 of the Civil Code of the People's Republic of China.
After the commencement of inheritance, if the heir renounces the inheritance, he shall make an expression of renunciation of the inheritance in writing before the estate is disposed of; where there is no expression, it is deemed to have accepted the follow-up search.
The legatee shall, within 60 days after knowing of the bequest, make an expression of acceptance or renunciation of the bequest; If it is not indicated at the expiration date, it shall be deemed to have waived the bequest.
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Multi-child house Inheritance agreement Party A: Specific identity letter Liang Xi) Party B: Specific identity information) Party C:
Specific identity information) Party A, Party B and Party C are brother and sister and are the owners of the house under this agreement, and in accordance with the relevant provisions of the Civil Code of China, the three parties jointly enjoy the rights and interests of inheriting the real estate. In order to promote the harmonious coexistence of families and prevent the occurrence of family disputes, Party A, Party B and Party C have reached an internal paid transfer agreement on the ownership of the house located in the town and village through consensus on the principle of sincerity and voluntariness, so as to jointly abide by it. 1. The house mentioned in this agreement is located in the registration certificate number, and the registered owner of the house is.
2. Party B is willing to give up the legal inheritance right of the house in the town. The original inheritance part will be transferred to Party A, and Party A will pay RMB 2. Party C is willing to give up the legal inheritance right of the house in the town. The original inheritance part will be transferred to Party A, and Party A shall pay RMB 3. The above are the true wishes of Party B and Party C.
On the issue of ownership and inheritance of houses in towns and villages. Party B and Party C shall not file any form of litigation or other forms of objection against Party A for any reason. 4. Party A is willing to inherit the house in the city.
The agreement on the reform of the five high judgments and this agreement shall take effect after being signed and sealed by both parties, in quadruplicate, with one copy each held by A, B, and C, and one copy shall be kept. Party A: Party B:
Party C: Witness: Witness:
Date of signing: Note: This agreement is a simple house inheritance agreement, if applied to practice, it needs to be further improved or modified in combination with the situation of the house and the results of the negotiation between the heirs.
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Can be waived. The content of the agreement on the child's renunciation of the parents' house inheritance is: the information of the parties, the basic situation of the house, the explanation of the renunciation of the inheritance right, the legal basis and the relevant matters that need to be explained.
Legal basis: Article 1124 of the Civil Code of the People's Republic of China After the commencement of inheritance, if the heir renounces the inheritance, he shall make an expression of renunciation of the inheritance in writing before the estate is disposed of; If there is no indication, it shall be deemed to have accepted the inheritance. The legatee shall, within 60 days after becoming aware of the bequest, make an expression of acceptance or renunciation of the bequest; If there is no indication at the expiration date, the cherry attack will be regarded as a waiver of the bequest.
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OK. Inheritance is a right. Can be waived.
The content of the agreement on the child's renunciation of the parents' house inheritance is: the information of the parties, the basic situation of the house, the explanation of the renunciation of the right to inheritance, the legal basis and the relevant matters that need to be explained.
Legal basis: Article 1124 of the Civil Code of the People's Republic of China After the commencement of inheritance, if the heir renounces the inheritance, he shall make an expression of renunciation of the inheritance in writing before the estate is disposed of; If there is no indication, it shall be deemed to have accepted the inheritance. The legatee shall, within 60 days after knowing of the bequest, make an expression of acceptance or renunciation of the bequest; Those who do not indicate it when it expires shall be deemed to have renounced the bequest.
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