1. Can children inherit the rural homestead after it is confirmed?
After the rural homestead is confirmed, the iss
1. Can children inherit the rural homestead after it is confirmed?
After the rural homestead is confirmed, the issue of children's inheritance can be brought to court, and the conditions for prosecution are:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
Second, can rural homestead self-built houses be inherited?
Self-built houses in rural homestead can be inherited, and self-built houses are the legal property of villagers. In judicial practice, the heritages that can be inherited include:
1, legal income of citizens;
2. Citizens' houses, savings and daily necessities;
3. Trees, livestock and poultry;
4, citizens' cultural relics, books and materials;
5. Legal means of production;
6. Property rights in copyright and patent rights;
7. Other lawful property.
Three, after the confirmation of rural homestead, how to determine the legal succession order of self-built houses?
(1) First order: spouse, children, parents; Children, including legitimate children, illegitimate children, adopted children and stepchildren with dependency. Parents, including biological parents, adoptive parents and step-parents with dependent relationship.
(2) The second order: brothers and sisters, grandparents and grandparents. Brothers and sisters, including brothers and sisters of the same parents, half-brothers or half-brothers, adopted brothers and sisters, and step-brothers and sisters with support.
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.
Widowed daughter-in-law has done her main duty to support her in-laws, and widowed son-in-law has done her main duty to support her in-laws, so she is the first heir.
Four, what are the prosecution materials for the inheritance disputes of self-built houses after the rural homestead is confirmed?
1, indictment.
2. Evidence materials.
3. The plaintiff's ID card and the materials to prove the defendant.
4. If another person is entrusted to represent the lawsuit, submit 1 copy of the power of attorney with clear authorization and the ID card of the trustee, and provide the original for inspection.
5. If a lawyer is entrusted to represent the lawsuit, a clearly authorized power of attorney and a copy of the certificate, letter and lawyer's card of the entrusted law firm shall be submitted.
As long as there are inheritance disputes, civil subjects can handle them through prosecution, but the homestead is collective property, and the villagers have the right to use the rural homestead only after they have confirmed their rights. The prerequisite for inheriting the homestead is that there is a self-built house on it, and the legal heir inherits the right to use the homestead when inheriting the self-built house.