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Does a daughter have the right to compete with her son for a house?
1. If the son's name is registered on the real estate license, the legal ownership of the property belongs to the son himself; Others, including daughters, have no right to divide or claim joint ownership in principle;
2. If the real estate license is registered in the name of the parents, the daughter, as one of the legal heirs, has the right to inherit the property according to law after the death of the parents and share it equally with the son;
3. Parents can transfer the property to their children by gift before their children die, but if the children violate the gift agreement or the conditions stipulated by law, parents have the right to cancel the gift and recover the property.
The legal provisions of real estate inheritance:
1, principle of inheritance law: According to Chinese laws, men and women have equal inheritance rights;
2. Legal succession order: First, determine the heirs according to the legal succession order, including spouses, children, parents, etc.
3. Testamentary succession: if there is a will, it should be carried out according to the contents of the will;
4. Joint inheritance: when there is no will, the children jointly inherit the inheritance of their parents;
5. Distribution of heritage: The distribution of heritage should be agreed by consensus. If no agreement can be reached through consultation, you can apply for a court ruling.
To sum up, the daughter's right to real estate depends on the registration of real estate license and legal inheritance rules: if the real estate license is registered in the son's name, the daughter usually has no right to ask for division; If registered in the name of parents, daughters have equal inheritance rights; The property donated by parents before their death can be revoked under certain conditions, which will affect the rights and interests of daughters.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 1070
Parents and children have the right to inherit from each other.
Article 126
The right of inheritance is equal between men and women.
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