Legal progress of real estate inheritance
How to handle the formalities of handling and registration of house inheritance and bequest? 1. If the transfer registration of house ownership is requested due to inheritance or bequest, the requester is the heir or legatee.
2. The applicant shall submit the following documents to the registration arrangement: (1) Application for Registration of House Ownership (original); (2) Identity certificate (original/copy); (3) Property Ownership Certificate (original); (4) notarial certificate of inheritance or will and bequest (original).
Present situation of cases of property inheritance of childless elderly people
Grandpa Wang and grandma Wu have been married for decades and have never had children. The neighbor's son Zhao has taken care of two old people for more than 20 years. Two elders recognized Zhao as their adopted son 10 years ago, but did not go through the adoption formalities. Grandpa Wang died on 20 10, and the only house was inherited by his wife, Grandma Wu, who went through the notarization transfer procedures. Grandma Wu died on 20 14, leaving a note on behalf of the book, expecting the house to be inherited by her adopted son Zhao. But grandma Wu's grandson disagreed and occupied the house, so he had an argument with Zhao.
The court held that Grandpa Wang and Grandma Wu had no children, but Zhao had been taking care of Grandpa Wang and Grandma Wu for many years, and had the adoption contact certificate issued by the neighborhood Committee and the testimony of many witnesses in the neighborhood, and the defendant also recognized the fact that Zhao raised Grandpa Wang and Grandma Wu, which was enough to identify Zhao as the adopted son of the husband and wife. The authenticity of grandma Wu's last words on behalf of the book was cross-examined by both the original and the defendant, and the collegial panel also recognized it. Through the joint efforts of judges and lawyers, we told the parties about the legal relationship, and persuaded and persuaded Wu Mou from the perspective of facts and jurisprudence. In the end, the two sides reached a mediation, and the court issued a civil mediation book to transfer the house involved to Zhao's name.
Expert opinion on property inheritance of childless elderly people
This case touches on the dispute over the inheritance of last words, the identification of adopted sons and the validity of last words on behalf of books. According to Article 10 of the Inheritance Law of People's Republic of China (PRC), "the order of inheritance is: the main order: lover, children, father and mother. The second order: brothers and sisters, grandparents, grandparents. After the inheritance begins, the heirs in the primary order inherit, and the heirs in the secondary order do not inherit. If there are no successors in the main sequence, the successors in the second sequence will inherit. Children mentioned in this Law include children born in wedlock, children born out of wedlock, adopted children and stepchildren related to upbringing. "
As the adopted son of Grandpa Wang and Grandma Wu, Zhao certainly has the right to inherit his estate. Although according to Article 15 of the Adoption Law of People's Republic of China (PRC), "adoption shall be registered with the civil affairs department of the people's government at or above the county level, and the adoption relationship shall be established from the date of registration." Although Zhao has not gone through the adoption formalities, he has taken care of the elderly for many years, and has the adoption contact certificate issued by the neighborhood Committee and the witness testimony of several neighborhoods, which has also been recognized by the defendant, so Zhao's adoption contact can be recognized. Grandma Wu's last words also expected Zhao to inherit his will and fully respect the wishes of the elderly. In addition, even if Zhao is not his adopted son and grandma Wu's grandson, he is not the legal main heir, and he can't inherit the estate without grandma Wu's legacy.
After reading the property inheritance policy for the childless elderly mentioned in the above small series, do you know more about the relevant knowledge points of China law?