Experts:
netizen: there is a hot post on the Internet that one child inherits the parents' heritage, and may encounter a court and a notary public. " Two plugging. For example, if a parent dies, he has to inherit the property, but his grandparents also have the right of inheritance. And a long time, many people have no proof of death. So, inheritance becomes a difficult problem. But is it really the case? Are there any precautions?
reporter: our reporter interviewed the professionals and experts in related fields. In fact, the speculation that "the only child can not inherit their parents' Heritage exaggerates the special cases in real life.
according to the inheritance law of our country, children inherit two types of parental property: legal succession and testamentary succession. If the parents had already set up a will before their children's life, their children could inherit the inheritance smoothly in the way stated on the will. If there is no will, it needs to be inherited in accordance with the order of law. The first place includes spouses, children, parents, and second, including siblings, grandparents and grandparents.
at present, property is the "big head" in inheritance, and the housing registration office often asks to take a notarization or court decision as a proof material. On the Internet, it is believed that under the legal succession, the only child may not be able to prove that the other first successor is dead because of the early age file, which leads to the delay of the parents' property.
is this common? Zhou Zhiyang, President of Beijing Notary Association, gave a negative answer. Zhou Zhiyang said that most of the inheritance of family property in China satisfies the conditions of inheritance. Even if there are problems in individual families, the law still provides a way of litigation, and the parties can confirm their rights through the courts. As for the file loss and "dead file" caused by the long time or the "close to the side" of the unit, the notary agencies in practice do not mechanically require the death certificate of other successors, and if the other documents and materials provided by the children can be printed with each other, they can also carry out the notarization. In real life, the situation which is still unable to be satisfactorily resolved through the above way is a very rare case.
What if we really encounter extreme situations? Zhou Zhiyang believes that notarial institutions will generally do their best to investigate; if it is true that it is impossible to find out, the notary can form the inner conviction of the facts, and the notary can also make a notarization based on the inference.
Liu Zhewei, an expert on civil action at the Law School of Peking University, said that although the "only child cannot inherit" obviously exaggerates the facts, the "card shell" on the proof material also reflects the problem of administrative omission in the housing registration office. The housing registration authority in our country requires the provision of a public certificate or a court verdict when the house has passed the house, so that it has shirking his own responsibility for the substantive review. Therefore, even if it is not possible to complete the notarization of inheritance, the housing registration authority should allow the house to transfer smoothly after the examination is qualified.