Article 2 of China s Inheritance Law stipulates: Inheritance begins at the time of the death of the heir. Article 8 of the Law stipulates: The period for bringing a dispute over the right of inheritance is two years. However , if more than 20 years have passed since the date of the succession, no further lawsuit can be instituted. That is, the longest limitation period for a succession lawsuit is 20 years. The right to victory has been lost for more than two decades . Substantive rights still exist, but there is no legal protection.
The Supreme Court s opinion on the implementation of certain issues of the Inheritance Law of the People s Republic of China stipulates that: within the period from the 18th to the 20th year from the date of the succession, if the successor knows that his rights have been violated, he will bring a lawsuit The right shall be exercised within 20 years from the date of the commencement of the inheritance. After 20 years, no further lawsuit may be instituted.
Real estate inheritance, like other inheritance inheritance, refers to the legal act of transferring the ownership of the inherited house and its land use right to the heir in accordance with legal procedures. Real estate inheritance is a way to obtain ownership and use rights.
1. Succession must begin after the death of the heir. The right of inheritance stipulated by law is just a right of expectation enjoyed by the heirs. If the heirs do not die, the inheritance relationship will not occur. Only after the heirs die, the right of inheritance becomes a vested right. In order to realize the right of testament, there must be a legal will before the life of the person to be inherited and the person who is the heir has died, otherwise the relationship of testament will not happen. If the parents are alive, their real estate children cannot inherit. Parents are willing to donate their real estate to their children, but this behavior is called a gift during life, not inheritance.
2. The person who inherits the estate must be the legal heir of the heir, that is, the legal heir or the heir to the will. The legal heirs identified in China s inheritance law are: spouse, children, parents, siblings, grandparents, and grandparents.
3. The inheritance obtained by the heir in accordance with the law must be the legal property owned by the individual prior to his or her life or other legal property rights that can be inherited according to law. Family property, husband and wife property, and partnership property cannot be inherited without division as inheritance. Property such as this must be divided after the deceased personally owns the property. All illegally acquired property does not belong to the estate and may not be inherited.
1. Article 26 of the Inheritance Law. In addition to the agreed property, if the property is divided, the spouse should first divide half of the jointly owned property as spouse, and the rest Is the legacy of the heirs.
2. Article 5 of the Inheritance Law shall be handled in accordance with legal succession after the commencement; if there is a will, it shall be handled in accordance with the will or bequest; if there is a bequest maintenance agreement, it shall be handled in accordance with the agreement.
3. Article 29 of the Inheritance Law The division of inheritance shall be conducive to the needs of production and life, without compromising the effectiveness of the estate. Heritage that is not suitable for division can be dealt with by discounting, appropriate compensation or sharing
4. Opinions of the Supreme People s Court on Several Issues in the Implementation of the Inheritance Law of the People s Republic of China Article 42 The testator has several conflicting wills in different forms, including the notarized will. The notarized will will prevail; if there is no notarized will, the last will will prevail.
5. Opinions of the Supreme People s Court on Several Issues in the Implementation of the Inheritance Law of the People s Republic of China Article 58 The People s Court shall divide the houses, production materials and property required for specific occupations in the inheritance according to It is beneficial to give play to the benefits of its use and the actual needs of the heirs, and to deal with the interests of the heirs.
In summary, we can understand that after the death of the heir, if he has a will before his death, or if he has signed a bequest maintenance agreement with a social organization or individual, he should first use the content of the will or bequest maintenance agreement For processing.