Rules
about marriage and heir stipulated in the Code of Civil Law ("Civil
Code"), applicable to class Chinese citizen Foreign Easterners, who are
not Muslim. In the Civil Code Article 852 stated among other things that:·
Heirs are all children or their descendants, though born of other
marriage though, heir of both parents, grandparents or all of their
blood relatives in a straight line up next to no difference between male
or female and there is no difference between first birth.·
They heir head to head with the dead if they were related to the degree
of family unity and each has the right for self; their heir stake to
stake, if they all or just some of them act as a substitute.·
In the case of the legacy of a husband or wife dies first, the wife or
husband who live longest equalized with a legitimate child of the
deceased.Under
the terms of the above means that children are entitled heir offspring
of parents or grandparents and blood relatives with the same part
number. So did his wife, has the right and the amount of inheritance as well as the legitimate son.But in general for all citizens, no positive law that applies to all of us, namely Law no. 1
of 1974 concerning marriage ("Marriage Law"), which also has nothing to
do with the legacy problems, because of the provisions of the Joint
Treasure.In the Marriage Law of Property is set on the marriage in Article 35, which states:1) Assets acquired during the marriage becomes joint property.2)
treasure inherited from each marital and property obtained respectively
as a gift or inheritance is under the control of each of the parties
does not specify all the others.
This means that:
- During
the marriage Mr. and Mrs., though only Mr.'s all work for a living and
collect treasure, the mother was entitled to half of the property
acquisition father, and vice versa.
- And
if you split "LEGACY OF FATHER", then it is a LEGACY FATHER in the
Marriage Act, is half (1/2) of all community property acquired during
the marriage of Mr. and Mrs., plus:
- Mr Treasure Default (if any). It is property acquired before the marriage with her mother.
- Can
also be the father of the prize of a person, from the family or agency,
then it could also be incorporated into the treasure HERITAGE MR.
- Another
one is inherited from the father obtained Her family, the estate was
put into the group HERITAGE PROPERTY MR, which will be distributed to
all heirs.
And
for a Muslim, devoted more settings in the Compilation of Islamic Law
("KHI"), which regulates the Joint Treasure, which states:1) Article 85:The existence of community property in a marriage does not preclude the possibility of the property of each spouse.2) Article 86:(1) Basically there is no mixing between the assets and property of the husband wife by marriage.(2)
Assets wives and wives remain the full commanded by him, as well as
husbands remain the property and controlled by her husband.3) Article 87:(1)
Assets innate respective husbands and wives and property obtained
respectively as a gift or inheritance is under the control of each, all
the other parties do not specify in the marriage contract.(2)
A husband and wife have the full right to take legal actions on their
property in the form of grants, gifts, or other sodaqah.
The articles KHI means:a. Although
there is treasure Together in Marriage, but there may be individual
property, which is either innate property before marriage, inherited
property acquired after marriage, there is a welcome gift when one party
in a marriage, or it could be as agreed in the Covenant Marriage .b. That the treasures at a point, no mixing, and each is entitled to recognize him as his personal property. And is entitled to act for and on behalf of itself.If
there are heirs who sought out the division LEGACY FATHER, only the
Father alone property that can be distributed in advance. That belongs to my mother, separated. Technically
it is rather troublesome, if you want to share immediately, because
sometimes mother does not have money for monetizing the assets Mr.
parts, so that you can do is sell TREASURE WITH Father and Mother, then
the result is divided by two. Part Mother submitted to Mrs. utilization. Whether to buy a replacement home, or other designation. The
thing to remember, too, that although Mother had received from TREASURE
WITH ½, he is still entitled to a part in his capacity as the wife (at
1/8 of the Treasure LEGACY Father, if there are children). In accordance with the applicable provisions of Islamic law.
But
it can also LEGACY OF FATHER maintenance division, remain to be done,
just to find out who the heirs and their share, while the execution has
not been carried out before. This
can be done by considering example, because my mother still occupies
(in the case of a legacy of a house) because it will also include
sections Capital assets, especially his mother is still there. So, depending on mutual agreement only.
Meanwhile,
if we are referring to Islamic law (which is not positive law that
already applies in Indonesia), which does not recognize the concept
PROPERTY JOINT, if the father dies and the property is a treasure quest
father, during his lifetime, then the property can be distributed, to
ensure first,
nonpayment his debts, as well as the issuance of rights of Mother, for
example in case your mother never rewarded with something when Dad was
alive. Or is there a mother treasures mixed in with it, such as whether it was a gift, or inheritance.As
a side note, I wish to inform you that in the absence of Islamic law
community property in a marriage can actually be anticipated when a
woman's dowry to marry. A right to ask for dowry the bride wants, which could be for example in the form of a house (or anything else). If
her husband is not a long life and die first, then the effect is purely
Islamic law (not the positive law of Indonesia, which is the property
during the marriage is considered as PROPERTY JOINT), then for the wife,
she has had a place to live. And
when her husband dies, she is only entitled to inherit from her husband
for 1/8 (eighth) section if there are children, the husband of the
Treasure LEGACY.As to the portion of each heir, after separation HERITAGE PROPERTY MR, which will be divided, who have recorded their heirs.Do you still have the biological parents (my grandparents)? If it is, then they deserve to be heir father. If there are children then the share of each 1/6. But,
to his Mom Dad, there's notes: First, if the Heir has a son or
daughter, grandson or descendant of boys; Second, if the Heir has a
brother that is two or more siblings.Wife In addition, if there are children, then part 1/8. And
each child gets the rest after the cut section grandfather /
grandmother and my mother, with the distribution of male and female is
2:1.So what can we say, may be useful.Here I add attachments table inheritance division Indonesian version, may be useful.
