Why the relocation grant is not part of the estate

The house demolition subsidy is not an inheritance. In the event of a demolition compensation, the compensation should go to the continuing tenant and not the inheritance.

Article 1122 of the Civil Code An inheritance is the personal lawful property left by a natural person upon his death. An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.

Therefore, in practice, how to inherit the estate is generally confirmed by following the following steps:

1) If the deceased signs a bequest and maintenance agreement with a citizen other than the relevant collective organization or the legal heir during his lifetime, and transfers his property to a dependant who bears the obligation of birth, support, death and burial, the dependent will obtain the inheritance according to the agreement between the two parties, that is, the inheritance right of the legal heir is excluded from the bequest and maintenance agreement.

2) If the decedent makes a will in accordance with the law during his lifetime, designating his property to be inherited by one or more of the heirs, or donating his property to a person other than the state, the collective or the legal heir, the designated heir or donee will receive the inheritance according to the will, that is, the will excludes the inheritance rights of legal heirs other than the testamentary heirs.

3) If the deceased does not make a will or bequest and maintenance agreement to dispose of his property before his death, his estate will be inherited by his legal heirs in accordance with the law in the legal order.

According to the relevant laws and regulations, the relocation subsidy does not belong to the personal legal property left by the deceased, so it does not belong to the property.

The relevant law provides for the Inheritance Law of the People's Republic of China

Article 3 Inheritance is the personal lawful property left by a citizen when he or she dies, including:

a) the income of citizens;

2) Citizens' houses, savings and daily necessities;

3) Citizens' forests, livestock, and poultry;

4) Citizens' cultural relics, library materials;

5) the means of production that are permitted by law to be owned by citizens;

6) Property rights in citizens' copyrights and patent rights;

7) Other lawful property of citizens.

It is a property that is exclusive to the person and is issued only to a specific person. Therefore, it is not counted as an inheritance.

For example, the early move reward is a reward for the act of moving early, and has nothing to do with the homeowner.

How can it not be counted? As long as the family's property during the period of living together is considered joint property! How can it not be an inheritance?

The private relocation incentive fee is an inheritance. The compensation for the price obtained from the demolition of the house, the incentive fee for monetary resettlement, and the compensation for the right to use belong to the scope of the estate. An estate is a personal legal property left behind by a natural person upon his or her death.

After the commencement of inheritance, it shall be handled in accordance with the statutory inheritance; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; If there is an agreement on the bequest and maintenance of scattered acres, it shall be handled in accordance with the agreement. Article 1122 of the Civil Code provides that an estate is a personal property left behind by a natural person when he or she dies. In accordance with the law or according to its nature, it is not allowed to inherit the estate of Hail Qi, and it is not allowed to inherit.

Article 1123:After the commencement of succession, it shall be handled in accordance with 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. The distribution of the estate is sufficient, and notarization is not a condition for the validity of the will. After the commencement of inheritance, it shall be handled in accordance with the 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.

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Rental subsidy for eviction**: Rental subsidy for relocation** is generally not considered an inheritance. According to the Inheritance Law of the People's Republic of China, inheritance refers to the property left behind by the decedent after his death, including immovable property, movable property, intellectual property rights, etc.

The rent subsidy provided by the demolition ** is a **subsidy or compensation** subsidy, which does not belong to the property of the deceased, so it is not counted as inheritance. It should be noted that if the decedent appoints an heir in the form of a will during his lifetime, the heir named in the will can receive <>

Take this amount. In addition, if the heir believes that the rent subsidy should be inherited as the property of the decedent, he can protect his rights and interests through legal means such as litigation.

Whether the rental subsidy given by the eviction** is considered an inheritance.

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Rental subsidy for eviction**: Rental subsidy for relocation** is generally not considered an inheritance. According to the Inheritance Law of the People's Republic of Zhongshou Xunyanhua, inheritance refers to the property left behind by the decedent after his death, including immovable property, movable property, intellectual property rights, etc.

The rent subsidy provided by the demolition ** is a **subsidy or compensation** subsidy, which does not belong to the property of the deceased, so it is not counted as inheritance. It should be noted that if the decedent appoints an heir in the form of a will during his lifetime, the heir designated in the will can receive <>

Take this amount. In addition, if the heir believes that the rent subsidy should be inherited as the property of the decedent, he can protect his rights and interests through legal means such as litigation.

The subsidy is the <> of **, the organization carrying hail or the individual for some purpose

Financial support given to another party is usually to promote the development of a cause or activity or to compensate for certain losses.

Summary. Hello dear, happy to answer your <>

The rental subsidy given by the eviction** is not considered an inheritance.

Whether the rental subsidy given by the eviction** is considered an inheritance.

Hello dear, happy to answer your <>

The rental subsidy given by the eviction** is not considered an inheritance.

The legal analysis made by Qinqin for you is as follows: the house demolition subsidy does not belong to the inheritance of the group. In the event of demolition compensation, the compensation should be owned by the tenant of Jixiyou, not the inheritance.

The relevant legal basis for the reorganization of the civil code is as follows: Article 1122 of the Civil Code An estate is a personal legal property left behind by a natural person when he or she dies. According to the law, the inheritance that cannot be inherited or by its nature shall not be inherited.

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Whether the relocation compensation is considered an inheritance depends on whether the statutory conditions are met. According to the provisions of China's Civil Code, inheritance generally refers to the personal legal property left by a citizen when he or she dies. Usually contains:

Citizens' income, houses, and other legal property. Only if the following three conditions are met can it be considered an inheritance. For example:

1. It must be the property left behind by the death of the citizen; 2. It must be the property owned by the individual citizen; 3. It must be legal property.

[Legal basis].Civil Code of the People's Republic of China Article 1122 Inheritance refers to the lawful property left by a citizen when he or she dies, including the citizen's income, house and other lawful property. That is, the estate must meet three conditions:

1. It must be the property left behind by the public at the time of death;

2. It must be the property owned by the individual citizen;

3. The suspicion must be legal property. Only if all three conditions are met at the same time can it become a heritage.