The death of the only child who inherited the property was the first to prove "I am the only child".
Shun Net - Ji'nan times
in 2014 and 2015, the citizens of Ms. Zhu's parents were leaving the world. As an only child, she should inherit her mother's property in a logical way. However, when she went through the relevant procedures, she found that things were far more complicated than imagined. I went to the notary office to notarization of the right of inheritance. The staff asked me to prove that my mother had no adopted children and no other children. I really do not have brothers and sisters, but how can I prove this? She is very upset.
Ms. Zhu said that in February this year, her mother left a will before leaving the house, leaving her property in the garden district. Recently, Ms. Zhu intends to transfer her house to her name, and then goes to the notary office for advice.
because of the notarization of the will, the staff said, in addition to proving my mother's kinship and marital status, I also have to open a.Amp; lsquo's bid for the inheritance notarization of kinship related to.Amp; rsquo. It made her difficult. To put it simply, I want to inherit the property and prove that my mother has only one daughter.
in order to prove this paper, Ms Zhu almost broke her leg. I called the police station, the police let me go to the neighborhood committee to open the certificate, but the neighborhood committee said there was a rule, and I did not give me a consultation with the street office. They said that it should be opened by the neighborhood committee and the streets could be sealed.
I am indeed an only child. Why is it so difficult to prove it? MS Chu is a little desperate.
(neighborhood committee)
no right to bear legal responsibility to prove
14 afternoon, the reporter contacted the neighborhood committee of the garden district community, a staff member said that, according to the relevant regulations, the neighborhood committee had the right to refuse to give Ms. Zhu a proof.
in November 2014, the provincial Civil Affairs Department issued the "ten provisions on reducing the community burden to enhance the autonomy and service efficiency of the community residents' committee". No department and unit should ask the community to issue a variety of certificates beyond the scope of the public seal. The staff member said that the seal of the neighborhood committee could not be used in any proof of legal liability and economic joint liability. Even if it was open, it could only prove that her parents had no adopted son and could not prove that there was no other child. She said Ms. Zhu had to prove that relatives could go to the district police station.
reporters consulted the Hong Jia Lou police station on this matter. If the successor and parents are on the same account book with their parents, the police station can provide evidence for them if they are not together, and the two level of the community and the streets are required to prove it. The household registration department, one of the police, said.
knows this result, Ms Zhu sees hope. My parents and I happen to be in the same account book. This problem should be solved.
[notary office]
the non notarial heir of a testament must issue a proof of the inheritance of the only child of
to prove that the parents have no other children? For this, a staff member of the notarization office of the Licheng District, in accordance with the joint notice of the Ministry of justice and the Ministry of construction, on the strengthening of notarization in the management of real estate registration. The will beneficiary will inherit the formalities of the estate. Even if there is a notarized Testament, the probate will be notarized after the death of his parents.
step children who form dependency relations also have the right of inheritance and have the same legal status as their own children. If there is no such proof in the notarization of the right of inheritance, the notary office will not be notarized. The staff said, Ms. Zhu's mother's will is not a notarial will, can not distinguish between authenticity, only the judiciary to identify the authenticity of the will. The successor can also take the legal way directly. He said.
the lawyer said
the only child inherited the legacy parents to do the testamentary notarization
Shandong Qilu law firm partner lawyer Gao Qiang said, in general, the only child inherited the heritage is not difficult to do. China's inheritance is mainly divided into inheritance litigation and inheritance notarization. The only child can adopt these two ways to deal with inheritance and other matters. Gao Qiang said that in the legal procedure of the property transfer in the inheritance of inheritance, according to the relevant provisions, it is true that the notary should be made by the notary office before the notarization is made by the notary office, and the house property department will handle the formalities of the housing inheritance. When handling the notarization of inheritance rights, the parties need to provide proof of identity, death certificate, kinship and so on. It is not difficult to prove the relationship between the only child and their parents and the sole successor. He said that if the Department of the deceased, the neighborhood committee or the police station did not want to issue relevant certificates, Ms. Zhu could bring a lawsuit in accordance with the law.
in order to benefit the only child, parents should be notarized. In the testament, the executors and legacy of the executors can be arranged in advance to solve their worries. Said Gao Qiang.