Yangcheng Evening News reporter Wang Nan correspondent Zhong
Sue's parents died young, and Sue was unmarried and childless for life. When he was old, he went to see his niece Xiao Su. Sue took good care of his life before he died.
Sue had two properties before her death. But Sue's parents, grandparents and grandparents all died early, and even his only brother died before him, which means that Sue has no legal heir. Article 32 of the original "Inheritance Law of People's Republic of China (PRC)" stipulates: "The inheritance without inheritance or bequest belongs to the state; If the deceased was a member of a collective ownership organization before his death, it belonged to a collective ownership organization. " Since there is no legal heir, the property left by Sue becomes "ownerless property".
So, is the "ownerless" property really ownerless? With questions, I came to Shaozhou Notary Office of Shaoguan City for consultation at the end of 2020, hoping to inherit the property left by Su.
The notary in charge told me that the Civil Code implemented from 202 1 to 1 expanded the scope of subrogation inheritance people. As Sue's niece, she could inherit her uncle's inheritance. She can go to the notary office after the civil code is officially implemented.
On February 24th, 20021year, I came to Shaozhou Notary Office of Shaoguan City again to apply for notarization of Su's inheritance. According to the Civil Code and the Supreme People's Court's Provisions on the Time Validity of the Civil Code of People's Republic of China (PRC), the notary successfully handled the notarization of inheritance. The original "ownerless" property successfully found a new owner.
?the Civil Code
The children of the decedent's brothers and sisters can inherit in subrogation inheritance.
Article 128 of the Civil Code stipulates: "If the decedent's children died before the decedent, subrogation inheritance's children are the direct descendants of the decedent's children. If the decedent's brother or sister died before the decedent, the children of the decedent's brother or sister in subrogation inheritance. Subrogation inheritance people can only inherit the share of the inheritance that subrogation inheritance people have the right to inherit. "
"the Supreme People's Court on the application of
Source: Jinyang.com.