When my father died, my brother's name was written on the property certificate. Does my brother have the right to inherit the house?

When my father died, my brother's name was written on the property certificate, and my brother had no right to inherit the house. This is the property given to my brother by both parents and belongs to my brother personally. The house was given by parents, and it has been transferred. It is regarded as a gift and belongs to personal legal property. When inheriting parents' inheritance, the house is not divided as inheritance and has no right to inherit the house.

Legal analysis

The real estate license is registered under the younger brother's name, so it is the property legally owned by the younger brother, and its rights and interests are protected by law, and others may not divide it. If the house is named after my brother and my father, then my brother can inherit part of the real estate share under my father's name. Parents pay money and write their brother's name. According to the relevant laws and regulations, this is the property designated by both parents as a gift to the younger brother, which belongs to the younger brother personally and no one else has the right to divide it. This is my brother's property, not my parents' legacy. Of course, my brother cannot inherit it. If the house is a gift from parents and has been transferred, it is regarded as a gift and belongs to personal legal property. When inheriting parents' inheritance, the house is not divided as inheritance and has no right to inherit the house. After the inheritance begins, the successor in the first order inherits, and the successor in the second order does not inherit; If there is no successor in the first order, it is inherited by the successor in the second order. My brother has no right to inherit this house.

legal ground

People's Republic of China (PRC) Civil Code

Article 1070 Parents and children have the right to inherit from each other.

Article 127 The inheritance shall be in the following order: (1) The first order: spouse, children and parents; (2) The second order: brothers and sisters, grandparents and grandparents. After the inheritance begins, the successor in the first order inherits, and the successor in the second order does not inherit; If there is no successor in the first order, it is inherited by the successor in the second order. The children mentioned in this part include children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency. The parents mentioned in this part include biological parents, adoptive parents and step-parents with dependent relationship. Brothers and sisters referred to in this part include brothers and sisters with the same parents, half-brothers, adopted brothers and sisters, and stepbrothers and sisters with dependent relationship.