Eldest brother died, and my sister-in-law married my niece. How can I inherit the property?
The property inheritance law is an act of transferring the property left by the decedent to the heir in accordance with the provisions of the inheritance law. It is a way of real estate transfer. However, this transfer mainly refers to the transfer of land use rights or housing ownership, rather than directly reflecting commodity relations. Inheritance is a legal system, and inheritance relations can only occur under certain conditions. First, inheritance should occur after the death of the decedent (the person who left the property in the inheritance of real estate). This is the first condition of inheritance. Some property owners give their property rights to their heirs before their death, for example, to one or all their children, in order to avoid future disputes between their heirs. This is also a legal act, but it is not inheritance, because inheritance has not yet begun, but a gift from them before their death. Two, the person who inherits the estate shall be the legal heir of the decedent, that is, the heir who can be the heir according to the law. This is the second condition of inheritance. If the decedent makes a will, transferring the property to someone other than the legal heir, or donating it to the state or the collective, it is also a way for the decedent to dispose of the estate, but this is not inheritance, but bequest. Three, the inheritance should be the property owned by the decedent before his death. This is the third condition of inheritance. Some property belongs to * * *, such as * * jointly owned by husband and wife. When one party dies, not all the property becomes an inheritance. At this time, the property right should be divided into the share of the decedent's spouse (unless otherwise agreed, half of the property share should be divided) and then inherited. After the beginning of inheritance, it shall be handled according to legal inheritance: if there is a will, it shall be handled according to the will inheritance or bequest; If there is a legacy support agreement, it shall be handled in accordance with the agreement. After the death of the decedent, if he made a will before his death, or signed a bequest and support agreement with social organizations or individuals, he should first dispose of the estate according to the contents of the will or bequest and support agreement. If there is no will or agreement, it shall be treated as legal inheritance. Statutory inheritance shall be carried out by the heirs in accordance with the order and share of inheritance prescribed by law. The legal heirs stipulated in the inheritance law are: spouse, children, parents, brothers and sisters, grandparents and grandparents. The succession order refers to the succession order of the above-mentioned heirs. Inheritance law divides heirs into two inheritance orders: the first order: spouse, children and parents; The second order: brothers and sisters, grandparents, grandparents. After the inheritance begins, it is inherited by the successor in the first order, and the successor in the second order inherits without the successor in the first order (including those who have no successor in the first order and all give up or lose their inheritance rights). Inheritance share means that when heirs in the same order inherit the estate, the share is generally equal. For people with special difficulties, minors, and heirs who lack the ability to work and have no source of income, they should be taken care of and properly distribute more inheritance. For heirs who have the ability and conditions to support, if they fail to fulfill their obligation to support, they shall not divide or divide the inheritance. After consultation, the heirs can distribute the inheritance evenly or unevenly, which is particularly important in real estate inheritance. The heir's right of inheritance can be lost due to the following acts of the heir: 1. Intentionally killing the decedent; 2. Killing others in order to compete for inheritance; 3. Abandoning the decedent or seriously abusing the decedent; 4. Forging, tampering with or destroying a will, if the circumstances are serious. The inheritance and division of real estate is different from other property. Although real estate can be divided, this division is limited, such as not dividing a house into many parts. In this case, it can be taken as the property owned by * * * and inherited by the successor * * *. If you need to subdivide, you can use the method of price subdivision. There are two forms of real estate inheritance: one is legal inheritance, that is, the deceased did not explain or make a will before his death, so the order of inheritance is carried out according to the procedures prescribed by law; The other is testamentary succession, that is, the deceased left a clear will and instructions before his death, indicating who the inheritance will be left to after his death. 1. How to register the transfer of property rights for inherited real estate? The following documents should be submitted when applying for real estate inheritance and transfer: ① application; 2 heir identity card; ③ Original title certificate; ④ Death certificate of the decedent; (5) Inheritance certificate and notarial certificate. 2. What is the appropriate way to divide the house heritage? The division of house heritage is different from the division of other properties, because houses are real estate and cannot be moved at will, or because there are many heirs who are difficult to divide, or because the structure of house heritage itself is difficult to divide. If forced division or partition, it may damage the utility of the house, resulting in abnormal use of production or inconvenience to life. Therefore, if it is objectively feasible to divide the house heritage, it can be divided without damaging the utility of the house and affecting production and life. For houses that are not suitable for division, the following two methods can be adopted: 1 and discount compensation method. Generally belonging to residential users, according to the heirs should inherit the share of housing heritage discount compensation. Housing pricing standards can be determined by the heirs themselves through consultation, or according to the evaluation standards of private houses stipulated by the local people's government and with reference to local market prices. 2. * * * There are methods. The heir may also agree that the estate house shall be jointly owned by * * *, which may be shared by shares or * * *. In the division of housing heritage, we should try our best to adopt the method of discount compensation. Some methods do not completely solve the dispute and should be used as a supplement to the first method. For example, the discount party cannot afford the discount because of its financial ability, and the contradiction can also be reduced by adopting the method of * * *.