Inheritance

继承案件中能否一并处理析产与继承?

根据《继承法》第二十六条第二款规定的本意在于,继承案件应先确定继承财产的范围,进而确定如何继承。

即对可继承财产有争议的,通过析产确定继承财产的范围是人民法院审理继承案件的前提。所以,对于继承纠纷案件中原告提出对讼争房屋享有部分所有权的情况,没有必要要求其另行提起析产之诉。

审判实践中,对于此类情况为了减少当事人讼累,一般作为析产继承案件予以直接审理,不再要求原告另行提起析产之诉。因此,第二种意见是正确的。

继承案件中房屋产权证书上的名字是不是判断房屋权属的唯一依据?

依据最高人民法院《关于父母的房屋遗产由兄弟姐妹中一人领取了房屋产权证并视为己有发生纠纷应如何处理的批复》，这种行为应当认定为代表共有人登记取得的产权证明，该房屋仍属各继承人共同共有的财产。所以房屋产权证书上的名字并不是判断房屋产权的唯一依据。

本案中的房产虽然登记在冯龙名下，但是房产是由冯达荣、黎桂兴以及其几个子女共同出资共同建造的，由此可以推知，未被分割的房子仍然属于各建造人共同所有。

联系现实，被继承人死后各继承人未表示放弃继承，遗产也未分割，后发生争议要求分割遗产，如何处理?

就现实而言，在较多的继承案件中，由于各继承人组成的家庭在被继承人死亡后仍没有解体或者由于其它原因，对于被继承人遗留下的遗产未进行分割，而是由全体继承人或者部分继承人占有、使用，在经过较长时期如20年或更久之后才进行分割。

对于这种情况下的诉讼，究竟有没有过诉讼时效?这种纠纷究竟是属于继承纠纷还是共同共有的财产的析产纠纷?

法律关系的不同将导致不同的法律后果。如果根据继承纠纷则诉讼请求往往时效已过。如果属于析产纠纷则能取得应有份额的继承权。

根据《最高人民法院关于继承开始时继承人未表示放弃继承遗产又未分割的可按析产案件处理的批复》中规定：

被继承人死亡后，各继承人都没有表示过放弃继承，根据《继承法》第二十五条第一款的规定，应视为均已接受继承。

诉争的房屋应属各继承人共同共有，他们之间为此发生之诉讼，可按析产案件处理，并参照财产来源、管理使用及实际需要等情况，进行具体分割。

Can property analysis and inheritance be handled together in inheritance cases?

According to the second paragraph of Article 26 of the "Inheritance Law", the original intention is that the scope of inherited property should be determined in succession cases, and then how to inherit.

That is, if there is a dispute over inheritable property, determining the scope of inherited property through property analysis is the prerequisite for the people's court to hear inheritance cases. Therefore, there is no need to require the plaintiff to file a separate property analysis lawsuit in the case of inheritance disputes.

In the trial practice, in order to reduce the litigation burden of the parties, the plaintiff is no longer required to file a separate lawsuit for property analysis and inheritance. Therefore, the second opinion is correct.

Is the name on the housing ownership certificate in inheritance cases the only basis for judging housing ownership?

According to the Supreme People’s Court’s “Response on the Parent’s House Inheritance Obtained by One of the Brothers and Sisters of the House Ownership Certificate and Regarding How to Deal with the Dispute”, this behavior should be recognized as a certificate of ownership registered on behalf of the co-owner The house is still the common property of all heirs. Therefore, the name on the housing title certificate is not the only basis for judging the housing title.

Although the real estate in this case was registered under Feng Long's name, the real estate was jointly built by Feng Darong, Li Guixing and their children. It can be inferred that the undivided house is still jointly owned by the builders.

In connection with reality, after the death of the decedent, the heirs did not give up the inheritance and the inheritance was not divided. After a dispute arises and requires the division of the estate, how to deal with it?

In reality, in more inheritance cases, because the family composed of the heirs did not disintegrate after the death of the deceased or due to other reasons, the inheritance left by the deceased was not divided, but all the heirs or some Heirs occupy and use, and divide them only after a long period of time, such as 20 years or more.

For the litigation in this case, is there any statute of limitations? Is this kind of dispute a inheritance dispute or a joint property dispute?

Different legal relations will lead to different legal consequences. If it is based on inheritance disputes, the time limit for litigation claims has often expired. If it is a property analysis dispute, it can obtain the right of inheritance.

According to the "Supreme People's Court's Reply to the Case of Property Analysis in which the heir did not expressly give up the inheritance at the beginning of the inheritance and is not divided":

After the death of the deceased, none of the heirs has indicated to give up the inheritance. According to the first paragraph of Article 25 of the "Inheritance Law", all heirs shall be deemed to have accepted the inheritance.

The house in dispute should be shared by all heirs. The litigation between them can be handled as a property analysis case, and specific divisions should be made with reference to the source of property, management and use, and actual needs.