Democratic to the case: Mother died before the grandfather, can the children inherit the grandfather's heritage?

An old man in the old town has 5 children, of which 2 daughters died before the elderly. After the death of the elderly, a set of real estate was left. This set of real estate was later allocated by the other three children of the elderly for obtaining compensation for more than 600,000 yuan for demolition. So, does the children of the two daughters who have died have the right to inherit this demolition compensation? A few days ago, the reporter went to the court to interview such a case.

Due to the compensation for demolition, they complained to the court, the aunt and others to the court

Lao Du and his wife, Ms. Song, had 2 sons and 3 daughters: Du 1. Du Mou 2. Du Mou 3, Du Mou 4. Du Mou 5. Lao Du died in 2017, and his lover Ms. Song died in 2005. His son Du Mou 2 died on March 22, 2021, daughter Du Mou 4 died in 2003, and daughter Du Mou 5 died in 2012.

After the death of the old Du and his wife, there were a set of real estate in Chundu Road. In 2019, the real estate was levied by 620995 yuan. In the meantime, the collection of compensation procedures for the collection of this property, the relocation of the items in the house, and the relocation of property facilities were actually operated by Du Mou 1. Du Mou 2 and Du Mou 3.

Du Mou 4's son Zhang and Du's daughter Li, also the grandchildren and granddaughter of the old Du, believed that the compensation for demolition should be evenly distributed by the five children of the elderly, and the share of the mother of the two of them should be. Inheritance of the generation, because the negotiation failed, the wife of Du, Du Mou 3 and Du Mou 2 said to the old city people's court 6, and Du Mou 6, who requested 4 defendants to have 2 plaintiffs to enjoy 2/ The 5 -share demolition compensation funds were returned at 248398 yuan.

The defendant believes that the plaintiff has not fulfilled the obligations, and should not be divided or less or less.

The four defendants argued that the demands of the two plaintiffs were divided into specific third -party heritage disputes, but the plaintiff could not prove that the mother and the relevant evidence provided by them or the relevant evidence provided by themselves could not prove whether The relationship between the father and daughter between Lao Du, and the demolition agreement does not have any signature information on the plaintiff. Therefore, he does not have the qualifications of the lawsuit and has no right to file a corresponding lawsuit.

The four defendants said that the two plaintiffs had never done their best to support Lao Du. The defendant Du 1. Du Mou 2. Du Mou 3, in the absence of multiple diseases and abnormal economic difficulties, he still took many years and took care of his father's life with a weak age and unable to take care of his own. Especially from 2013 to 2017, the elderly were hospitalized 14 times. For nearly 40 months, the plaintiff regardless of whether, the defendant took care of the duty class, and made money to the elderly to see a health care for the elderly. In accordance with the principles of equal equivalent and obligations and the relevant provisions of the Code, the plaintiff should be compensated for demolition of real estate involved in the case.

The child of the heir to the death of the heir to the child who is inherited by the child who is inherited by the child

The court trial believes that the right to inherit the right should be protected by law. The child of the inheritance first died of the heir, and the younger child who was inherited was inherited from the throne. In this case, the evidence submitted by the two plaintiffs can confirm that the two have the right to inherit the inheritance and the qualifications of the lawsuit.

Regarding the inheritance scope of the heir. The case involved in the compensation procedures for the collection of houses, the relocation of the items in the house, and the relocation of the property facilities are all operated by Du 1, Du 2. Du Mou 3, and should deduct the corresponding relocation cost of 49971.46 yuan in the total compensation funds. From 2014 to 2017, during the hospitalization of Lao Du, Du Mou 1. Du, Du 2. Du Mou 3 took turns to take care of the hospital, and took turns paying for medical expenses, living and health care fees, a total of 76283.87 yuan, and should be deducted in total compensation. The remaining 494739.67 yuan is determined to be inherited inheritance.

"Disputes caused by the legal facts of this case occurred before the implementation of the Civil Code, and the provisions of the law and judicial interpretation at that time should be applied." According to the judges of this case, in accordance with the relevant laws and regulations, the heirs fulfill the main support obligations of the inheritance. More points. The evidence provided by the four defendants in this case can prove Du Mou 1. Du Mou 2. Du Mou 3 has fulfilled his father's main support obligations and gave him a 30%legacy of each person as appropriate. The amount of heritage that Zhang should be divided was 83854.18 yuan. Because Du Mou 1. Du Mou, Du 2. Du Mou's 3 pairs of legacy was evenly distributed, so the amount of the inheritance of the two plaintiffs should be assigned the same amount to the two plaintiffs. Inherited Dumou's 2 legacy of 2 plaintiff 55902.79 yuan; the defendant Du Mou 1. Du Mou 3 returned 2 plaintiff 55902.79 yuan, respectively. (Luo Bao Rong Media reporter Shen Lichao Correspondent Shen Wenjuan)

Source: Luoyang.com

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