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Succession dispute
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Real estate inheritance dispute classic case

(Introduction) : In real life, real estate is one of the important properties, as the inheritance of the estate, the heirs often fight for the property from verbal quarrels to fights。The following case is also a real estate inheritance dispute between a son and a daughter over who can inherit the father's property。
(案例):
Mr. And Mrs. Zhang have a son and a daughter, all of whom have married and bought houses。The rest of the old couple live in Zhang Lao Han unit when the housing reform bought a two-bedroom。In 2000, his wife passed away, leaving Zhang alone。In 2003, Mr. Zhang wrote a will in his own handwriting, naming his son to inherit his property。In 2006, Zhang Laohan was diagnosed with advanced lung cancer, during the hospital, the daughter's meticulous care, let Zhang Laohan heart is very satisfied, intend to write a will to her daughter, but at this time Zhang Laohan has been unable to write, by the daughter asked lawyers to witness the scene and made a will, designated by a daughter to inherit the property。
After the death of the old man Zhang, the children each hold a will dispute, litigation to the court。
(Lawyer analysis) :
1. The real estate involved in the will is distributed and purchased by Zhang Laohan after marriage, which belongs to the joint property of husband and wife according to law, and husband and wife should share half of each other。
2, when Zhang Laohan's wife died, because there was no will, applicable legal inheritance, Zhang Laohan and his son and daughter have the right to inherit, generally equal, three people each get (1/2*1/3=1/6) real estate。
3. Zhang's will is valid for his own (1/2+1/6=4/6), inherited by his daughter, who deserves (4/6+1/6=5/6) real estate。
4. The son deserves 1/6 of the property。
5, After assessing the value of the property, the property can be acquired by the daughter, and the son's share can be paid by the daughter to the son。
(Lawyer's reminder) :
Real estate inheritance, like other inheritance, refers to the legal act of transferring the house ownership and land use right left by the decedent to the inheritor according to legal procedures。Real estate inheritance is one of the ways of acquiring ownership and use right。
Real estate inheritance dispute classic case
(1) Succession must commence after the death of the decedent。The inheritance right stipulated by law is only a kind of expectation right enjoyed by the heir, if the decedent has not died, the inheritance relationship will not occur, and only after the death of the decedent, the inheritance right will become a vested right。To realize the right of testamentary inheritance, there must be a legal will made by the decedent and the decedent has died, otherwise the testamentary succession will not happen。If the parents are alive, their children cannot inherit the property。
It is okay for parents to wish to give their property to their children, but this behavior is called gift during life, not inheritance。
(2) The person inheriting the estate must be the legal heir of the decedent, that is, the legal heir or the testamentary heir。The legal successors determined by China's inheritance law are: spouse, children, parents, brothers and sisters, grandparents, maternal grandparents。
(3) The estate acquired by the successor according to law must be the lawful property owned by the decedent himself before his death or other lawful property rights and interests that can be inherited according to law。Family property, husband and wife property and partnership property can not be inherited as an inheritance without division。Such property must be divided into the part of the deceased person to be the estate。All illegally acquired property is not part of the estate and may not be inherited。
(Relevant legal basis) :
(1) Article 26 of the Inheritance Law Article 26 of the jointly owned property acquired by husband and wife during the duration of the marital relationship, unless otherwise agreed upon, if the estate is divided, half of the jointly owned property shall first be divided among the spouses, and the rest shall be the estate of the decedent。
If the estate is among the common property of the family, when the estate is divided, the property of others shall be divided first。
Real estate inheritance dispute classic case
(2) Article 5 of the Succession Law shall be handled in accordance with statutory succession after the commencement of succession;If there is a will, it shall be handled in accordance with testamentary succession or legacy;If there is a legacy maintenance agreement, it shall be handled in accordance with the agreement。
(3) Article 29 of the Inheritance Law The division of an estate shall be conducive to the needs of production and living, and shall not impair the utility of the estate。The estate that is not suitable for division may be disposed of by means of discount, appropriate compensation or co-ownership
4、《最高人民法院关于贯彻执行<中华人民共和国继承法→若干问题的意见》第四十二条遗嘱人以不同形式立有数份内容相抵触的遗嘱,其中有公证遗嘱的,以最后所立公证遗嘱为准;没有公证遗嘱的,以最后所立的遗嘱为准。
5、《最高人民法院关于贯彻执行<中华人民共和国继承法→若干问题的意见》第五十八条人民法院在分割遗产中的房屋、生产资料和特定职业所需要的财产时,It should be based on the benefit of its use and the actual needs of the successors,Take into account the interests of all heirs。


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