If the house is the joint property of husband and wife, the joint property belonging to parents should be divided first. In principle, parents should share it equally. Then the part that belongs to the father as the inheritance belongs to the heir, and the mother has no right to dispose of this part.
The inheritance of the legal heir shall be inherited in the following order:
1. Unless otherwise agreed, half of the property jointly owned by husband and wife belongs to one spouse, and the rest belongs to the decedent's estate, which is inherited by will or by law;
2. If there is a will before death, the inheritance shall be distributed according to the contents of the will; If there is no will, the will shall be distributed according to the legal succession order;
3. First order inheritance: spouse, children and parents. Second-order heirs do not inherit;
4. If there is no successor in the first order, the successor in the second order shall inherit it. The second order: brothers and sisters, grandparents, grandparents.
The distribution of inheritance according to law shall abide by the following principles:
1, principle of equal division
Generally speaking, the share of heirs in the same order should be equal. Generally, the meaning here is roughly the same. However, it is difficult to grasp the equality of some inheritance distribution. However, it can also be the inequality of consensus among heirs;
2, reflect the principle of providing for the aged and raising children.
Heirs who have special difficulties in life and lack the ability to work should be taken care of when distributing their inheritance. Namely, more inheritance;
3. The principle of consistency between rights and obligations
(1) Heirs who have done their main duty to support or support the decedent or live with the decedent can get more points in distribution;
(2) If the heirs who have the ability and conditions to support the decedent fail to perform their maintenance obligations, they shall not divide or divide the estate;
4. The principle of due care
For those other than the heirs who depend on the support of the decedent, those who lack the ability to work and have no source of income, or those who support the decedent more than the heirs, they can inherit appropriately. You can divide the inheritance according to the specific situation.
To sum up, after the death of the old man, another old man owns half of the property rights of the house, and the other half, that is, the inherited part, is shared equally by the old man and other children. If the house is given to one of the children, the transfer of property can only be handled with the consent of each heir.
Legal basis:
Article 1 153 of the Civil Code of People's Republic of China (PRC).
Unless otherwise agreed, when dividing the joint property of husband and wife, half of the joint property shall be divided into the property of the spouse and the rest shall be the inheritance of the decedent.
If the inheritance is in the common property of the family, when the inheritance is divided, the property of others should be divided first.
Article 127
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 with the same parents, half-brothers, adopted brothers and sisters, and stepbrothers and sisters with dependent relationship.