According to the provisions of the law, there is a limitation of action in the succession of real estate, but the premise is that there is a dispute and the parties have to deal with it through litigation. How long is the limitation of the succession of real estate? How to solve the property inheritance dispute? Let's have a look.
In today's era, relatives become more and more estranged from each other because of the problem of property inheritance. The property is within the scope of the heritage. If the decedent dies, his estate will be jointly owned by his legal heirs or the testamentary heirs in the will he drafted before his death.
According to the provisions of the law, the inheritance of real estate has limitation of action, but the premise is that there is a dispute, and the parties have to deal with it through litigation, then the issue of limitation of action will be involved. In general, when a property inheritance dispute is encountered, the time limit of the action is three years (the time limit of action is adjusted in the general provisions of the civil law), but not more than 20 years at the latest. According to different situations, the limitation of action is generally divided into two categories, including special limitation of action and general limitation of action.
According to the law of our country, when the inheritor has already known that his rights and interests have been infringed upon when he brings a lawsuit, the time limit for filing a lawsuit is three years, starting from the party concerned knowing that his rights and interests have been infringed. However, if the inheritor discovers that his rights and interests have been infringed after more than 20 years The situation is not protected by the law of the state, because no action can be brought in court for more than 20 years.
However, if the property of the deceased has not been transferred, and the property has been in the state after the death of the deceased, the limitation of time will not be calculated. In the process of litigation, if the successor of one party puts forward some requirements or needs to abide by some obligations, which leads to the suspension of the limitation of action, then the limitation period should be recalculated from the moment of cessation. If, from the beginning of calculating the limitation of action, in the last six months, due to some unavoidable reasons and some unknown problems, the parties can not exercise their right of claim, the law will determine that the current limitation of action is stopped.
If the limitation of action continues to be counted, it should be calculated from the time when it stops. It should not exceed 20 years at the latest, which is calculated from the time when the inheritor begins to inherit the decedent's property.
In fact, the limitation of action of inheritance of real estate is generally used when the successor needs to bring a lawsuit to the court when he has disputes over the inheritance of real estate. If we deal with the inheritance dispute by other ways, the limitation of action will not be involved. In addition, in practice, the limitation of action of real estate inheritance is also applicable to suspension, interruption and other situations.