Beijing Yingtong Law Firm has focused on the protection of the rights and interests of private enterprises for many years. It has represented many corporate rights protection cases in the legal practice of rights protection in natural resources, mining, land, waters, territorial space, corporate equity, criminal defense, factory demolition, environmental protection shutdown, prohibition and vacation, etc., including large-scale real estate...
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Article author:Yingting Lawyers Group | Update time:2023-06-20 | Reading times:539
Due to the complexity of expropriation and demolition work, which takes a relatively long time, various situations will inevitably occur, such as the death of the head of the house being demolished. So what should be done in this situation and how should compensation be distributed? Today, a farm house demolition compensation lawyer will talk about this issue.
my country's "Succession Law" stipulates that the scope of inheritance is limited to the personal property owned by the deceased at the time of death.
Therefore, if the benefits obtained from house demolition have not been actually determined and a demolition agreement has not been signed, the demolition rights cannot be inherited as inheritance. It can be divided into the following situations:
1. If a demolition and resettlement agreement has not been signed, and the demolition and resettlement object dies before signing the demolition and resettlement agreement, first of all, the demolished house must be inherited. Depending on whether the house is a private house or a public house, the owner or lessee must be determined respectively. The new owner or lessee must go through the relevant change procedures before going through the demolition procedures.
Beijing Yingtong Law Firm focuses on administrative litigation and rights protection cases for medium and large enterprises, and has boldly explored and summarized a number of unique methods for resolving government-enterprise disputes and administrative litigation cases. It has solved the problems of government-enterprise disputes for many medium-sized and large enterprises, successfully improved the benefits due to administrative counterparts in accordance with the law, and has won the trust of the majority of business owners.
2. A demolition agreement has been signed but the resettlement house has not been obtained, and the demolition and resettlement object has died before the demolition benefits are actually obtained after signing the demolition agreement. In this case, the division and distribution of the relevant inheritance should be carried out after the relevant demolition benefits are actually obtained. If it takes a long time to obtain the real estate certificate for the demolition resettlement house, the inheritance of the demolition money and other properties that have been obtained can also be divided.
After the demolition and resettlement houses obtain the property rights certificate or the real estate registration center can handle relevant registration procedures, the heirs of all parties will divide and inherit the demolition and resettlement houses.
3. The demolition agreement has been signed and the resettlement house has been obtained. The property involved in the case of the demolition and resettlement object who dies after actually receiving the demolition benefits can be inherited as inheritance. The demolition assessment compensation of the demolished house belongs to the house demolition compensation.
Since the right holder has passed away, it should be inherited as an inheritance according to the will or the "Succession Law", and the relocation incentive fee is a compensation for the registered population and should be divided as an inheritance. Of course, in actual cases, specific issues must be analyzed in detail. If you really don't know how to distinguish, you can consult relevant professionals.Demolition compensation lawyer.
The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail.