Traditional Culture Encyclopedia - Traditional festivals - Can a married daughter divide the family property?
Can a married daughter divide the family property?
Because according to the regulations, for a married daughter, if her parents have a will and appoint an heir, the inheritance should be divided according to the will. If there is no will, the married daughter should inherit her parents' inheritance as an heir.
The inheritance is distributed as follows:
1. After the inheritance begins, if there is a will, it will be inherited according to the will. After the death of the decedent, if he had a will before his death, it shall be handled according to the will first;
2. If there is a legacy support agreement, it shall be handled in accordance with the agreement. If the decedent has a legacy support agreement with a social organization or individual after his death, the inheritance matters shall be handled according to the contents of the legacy support agreement;
3. If there is no will or agreement, it shall be treated as legal inheritance;
4. Generally, it should be evenly distributed among the heirs in the same order;
5. For the heirs who have special difficulties in life and lack the ability to work, they should be taken care of when distributing the inheritance;
6. Heirs who have made major support obligations to the decedent or live with the decedent can get more points.
Provisions on the order of successors:
1, the order of inheritance is spouse, children and parents, and the second order of inheritance is brothers and sisters, grandparents and grandparents;
2. After the inheritance begins, if the heir abandons the inheritance, he shall make a written statement of abandonment before the disposal of the inheritance. If there is no indication, it is regarded as accepting inheritance. An inheritance that cannot be inherited according to the law or the nature of the inheritance shall not be inherited.
To sum up, the married daughter can divide the family property. Because according to the regulations, for a married daughter, if her parents have a will and appoint an heir, the inheritance should be divided according to the will. If there is no will, the married daughter should inherit her parents' inheritance as an heir.
Legal basis:
Article 127 of the Civil Code of People's Republic of China (PRC)
First order: spouse, children, parents.
The second order: brothers and sisters, grandparents, grandparents.
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.
Children referred to in this Law include children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency.
Parents referred to in this Law include biological parents, adoptive parents and step parents who have a dependency relationship.
Brothers and sisters referred to in this Law include brothers and sisters of the same parents, half-brothers, adopted brothers and sisters and stepbrothers and sisters with dependent relationship.
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