Do I enjoy my grandparents' inheritance?
Reply:
The 2014 Law on Marriage and Family, in Article 66, stipulates the settlement of property of husband and wife in case one party dies as follows:
1. When one spouse dies or is declared dead by the Court, the surviving spouse manages the couple's common property, unless the will appoints another person to manage the estate or heirs. Plan an agreement to appoint someone else to manage the estate.
2. When there is a request to divide the inheritance, the common property of the husband and wife is divided in half, unless the husband and wife have agreed on the property regime. The property of a spouse who dies or is declared dead by the Court is divided according to the law on inheritance.
Accordingly, your grandparents' house is their common property, so when he dies, she will be the manager of that common property. In this case, there is no will and other heirs are not appointed. Someone else manages the estate. Now your two aunts (your grandparents' biological children) come back and demand to sell the house to divide the proceeds. According to regulations, this will be resolved according to the inheritance law.
For the property that is the grandparents' shared house, your two aunts only have the right to request a division of the inheritance for their portion of that shared property and do not have the right to the entire house. Because the house is the common property of the grandparents, in principle this property will be divided in half, then his portion of the property will continue to be inherited according to the law on inheritance.
Determine the heirs to your grandfather's estate:
Inheritance according to line of inheritance: Article 651 of the 2015 Civil Code stipulates inheritance according to line of inheritance as follows:
- The first line of inheritance includes: wife, husband, biological father, biological mother, adoptive father, adoptive mother, biological children, and adopted children of the deceased;
- The second line of inheritance includes: grandfather, grandmother, maternal grandfather, maternal grandmother, biological brother, biological sister, younger sibling of the deceased; grandchildren of the deceased and the deceased is a grandfather, grandmother, maternal grandfather, maternal grandmother;
- The third line of inheritance includes: paternal and maternal great-grandparents of the deceased; paternal uncle, paternal uncle, paternal uncle, paternal aunt, paternal aunt of the deceased; nephew of the deceased and the deceased is a paternal uncle, maternal uncle, maternal uncle, maternal aunt, maternal aunt; The deceased's great-grandchildren are paternal and maternal great-grandchildren.
Heirs of the same line enjoy equal shares of the inheritance. Those in the next line of inheritance are only entitled to inherit, if there is no one left in the previous line of inheritance because they are dead, have no right to inherit, are disqualified from inheriting or refuse to receive the inheritance.
According to the above regulations, your grandfather's first line of inheritance includes: wife (your grandmother); his biological children (your two aunts). You are in the second line of inheritance, and because the first line of inheritance still has living heirs, you are not eligible to inherit according to the deceased's line of inheritance.
Besides,Article 652 of the 2015 Civil Code regulates succession as follows:
In case the child of the person leaving the legacy dies before or at the same time as the person leaving the legacy, the child will enjoy the portion of the inheritance that the child's father or mother would enjoy if still alive; If the grandchild also dies before or at the same time as the person leaving the estate, the great-grandchild will enjoy the inheritance that the great-grandchild's father or mother would enjoy if still alive.
According to this regulation, a grandchild will receive a portion of the inheritance from the grandfather's estate when the grandchild's father dies before or at the same time as the grandchild, so if the father dies after the grandfather's death, the grandchild will not receive enjoy the inheritance that your father would have enjoyed if he were still alive. Therefore, in your case, your father passed away after your grandfather passed away, so you are not eligible to inherit according to the regulations on succession inheritance.