Do brothers and sisters have inheritance rights?

1. If the legal conditions are met, the younger sister can inherit the elder brother's inheritance.

Sister and brother are the second heirs. After the inheritance begins, the first-order heirs (spouse, parents and children) participate in the distribution. In the absence of first-order heirs, the second-order heirs (brothers and sisters, grandparents, grandparents) participate in the distribution.

3. If the parents have passed away and the elder brother is unmarried and childless, the younger sister has the right to inherit.

If my brother made a will before his death and decided to give the property to my sister, then my sister can get the property regardless of whether my brother has the first heir or not.

First, the immediate siblings property transfer process

1. Sign the confirmation letter.

Before going through the formalities of property donation, the owner needs to take the donee to the Housing Authority to sign the confirmation letter and bring all relevant materials. Relevant information includes: property ownership certificate, purchase contract, gift certificate and gift certificate. These two notarial certificates need to be issued by both parties at the same time. On the one hand, it shows that free gift is the true will of the donor, and at the same time, it shows that accepting gift is the true will of the recipient.

2. Real estate appraisal.

After signing the relevant confirmation letter, you can wait until the Housing Authority sends a professional real estate appraiser to survey and map the house, and then wait for the results of the house evaluation. The evaluation content generally includes real estate depreciation rate, infrastructure construction, water and electricity communication, benchmark land price, calibrated land price, house replacement price, reserve price and premium.

3. handle the notarization of the gift.

Although it can be said that notarization is not needed in the process of real estate donation, notarization is relatively safe for both the owner and the donee. Notarization of gift requires the following materials: donor's ID card, original and copy of household registration book, gift book, gift list and ownership certificate.

4. Various taxes and fees.

In the process of real estate donation, the donee also needs to pay various taxes, including deed tax, stamp duty and registration fee. The deed tax is 3% of the overall appraisal value of the house, and the stamp duty is 0.5% of the overall appraisal value. The registration fee for the transfer of real estate rights is subject to the pricing of the local housing authority. However, if the donor and the recipient are immediate family members, the deed tax may be exempted. There is also a land transfer fee, which depends on the nature of the donated property.

5. apply for a new real estate license.

The last step of real estate donation is to apply for a new real estate license. There are several points to explain here: first, gift is a free legal act, and its legal consequences cannot be equal to paid transfer; Second, gift is not inheritance, and there are essential differences between them. Third, the notarized gift cannot be revoked, and it must be considered clearly before notarization. Once again, we must be cautious when handling the formalities of real estate gift, and consider it clearly before going through it.

Legal basis:

Article 127 of the Civil Code of People's Republic of China (PRC)

Inheritance is carried out in the following order:

(1) First order: spouse, children, parents;

(2) The second order: brothers and sisters, grandparents and 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. The children mentioned in this part include children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency. The parents mentioned in this part include biological parents, adoptive parents and step-parents with dependent relationship. Brothers and sisters referred to in this part include brothers and sisters of the same parents, half-brothers, adopted brothers and sisters, and stepbrothers and sisters with dependent relationship.