Article 10 of the Inheritance Law shall be inherited in the following order:
First order: spouse, children, parents.
The second order: brothers and sisters, grandparents, 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.
Children referred to in this Law include children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency.
Parents referred to in this Law include biological parents, adoptive parents and step parents who have a dependency relationship.
Brothers and sisters referred to in this Law include brothers and sisters of the same parents, half-brothers, adopted brothers and sisters and stepbrothers and sisters with dependent relationship.
Article 11 If the decedent's children died before the decedent, the descendants of the decedent's children shall be in subrogation inheritance. Generally speaking, subrogation inheritance people can only inherit the share of the inheritance that their father or mother has the right to inherit.
Extended data
Case:
Chen and Wang Ping got married on 1957, and they had four children, namely a son, an eldest daughter, a second daughter, Wang Li, and a third daughter. On March 20 10, Wang Ping died. The couple don't have much savings, and the only valuable thing is a property located in Diankun Road, Haikou.
In order to avoid disputes between children due to inheritance, Chen and his eldest son reached an agreement: Chen paid RMB 6,543,800+0.2 million and gave up the right to inherit and use the property. On 20 15 1510.3, the company signed a declaration of abandonment of property rights, stating that it has received RMB 0/20,000 from Chen/kloc and is willing to give up the right to use and inherit the property.
However, after the son took the money, he did not move out of the house. Chen is worried that after a hundred years, her children will still have disputes over real estate. On February/6 this year, she filed a lawsuit with the People's Court of Meilan District, Haikou City, requesting the court to make a ruling: to confirm that the Declaration of Abandonment of Property Rights signed by the defendant Wang Xiaohai on February 3, 20/Kloc-0+5+05 is legal and valid; Confirm that the defendant has no right to inherit and use the property located in Diankun Road, Haikou City.
Wang Xiaohai admitted in court that he did negotiate with his mother and signed a statement renouncing property rights. But in addition, he also signed an agreement on my inheritance from my parents' property and alimony. "Before the notarization, the mother did not show this support agreement, and neither side notarized it." Wang Xiaohai said that she agreed to fulfill her mother's request, but the legal fees should be paid by her mother, because she has been laid off for many years and has no financial resources, and her mother "has a pension".
The court found through trial that the property of Diankun Road in Haikou City belongs to the plaintiff and Wang Ping, and it is still registered under the name of Wang Ping.
20 15 10 3. Defendant Wang Xiaohai signed the Declaration of Abandonment of Property Rights, which reads: "My parents and I bought a property located in Kunming Road, Haikou City. After consultation with my family, my mother gave me RMB120,000 yuan in cash. I am willing to give up the right to inherit and use the property, and I will never go back on my word in the future. If I go back on my word, I will bear all the legal consequences.
On the same day, Wang Xiaohai, Wang Hong, Wang Li and Wang Hua signed the Agreement on Inheriting Parents' Property and Support:
Master agreement: before Chen's death, the property right of the house was owned by him; Wang Xiaohai agreed to give up the right to inherit and use the house, and actively cooperated to handle all changes; In case of government demolition or other factors such as house appreciation and depreciation, Wang Xiaohai has no rights and interests; Now the inheritance right of the property belongs to Wang Hong, Wang Li and Wang Hua. Wait a minute.
The court held that civil activities should follow the principle of voluntariness. In the lawsuit, the defendant admitted that he had received RMB 6.5438+RMB 2,000 from the plaintiff, and claimed that he had moved out of the house. The statement of giving up property rights issued by it is the expression of its true meaning and recognizes the plaintiff's claim.
According to the relevant laws and regulations, the judgment is as follows: the declaration of abandonment of property rights made by the defendant Wang Xiaohai on June 3, 20 15 is legal and valid; Defendant Wang Xiaohai has no right to inherit and use the property of Kunlu Road, Haikou. The acceptance fee of this case is 3,650 yuan (the plaintiff has paid in advance), which shall be borne by the defendant.
People's Daily Online-I am afraid that my mother will pay 1.2 million yuan to "buy" my son's inheritance right due to inheritance disputes.