[Direct answer]Yes. According to Article 1126 of the Civil Code of the People's Republic of China, men and women have equal rights of inheritance; Article 1127 stipulates that the first-order heirs are spouses, children, and parents, including children born in wedlock, children born out of wedlock, adopted children, and stepchildren with whom there is a supportive relationship. Therefore, daughters and sons are both first-order heirs and, in principle, inherit in equal shares. If a brother deprives a daughter of her share on the grounds that "daughters do not inherit family property", the daughter can first negotiate with the brother. If no agreement is reached, she can file a lawsuit with the people's court to claim her rightful share. If the brother infringes on the daughter's inheritance rights by forging a will or concealing the estate, the daughter can request that the will be declared invalid or that the infringer be awarded a smaller or no share of the estate. The statute of limitations for litigation involving infringement of inheritance rights is three years, calculated from the date when the victim knows or should have known that his or her rights have been infringed.

I. Problem Background and Typical Scenarios

In some families, the outdated concept of "daughters who marry out of the family do not inherit family property" still exists. After the parents pass away, brothers monopolize the house and savings, refusing to let their sisters participate in the distribution, and even excluding daughters on the grounds of the parents' verbal instructions. There are also daughters who take care of the elderly for a long time, but are marginalized in the distribution due to traditional concepts. When handling such cases in Beijing, the court will review whether there is a valid will, the scope of heirs, and the situation of support, and ensure equal inheritance rights for men and women in accordance with the law.

II. Key points of contention

First, whether the daughter is a legal heir and how her share should be determined. Second, how to review the validity of the parents' will that excludes the daughter. Third, whether the daughter who fulfills her main duty of supporting her parents can receive a larger share. Fourth, the burden of proof and statute of limitations for the daughter who has been deprived of her share. Fifth, the legal consequences of the brothers monopolizing the property or transferring the deposits.

III. Professional analysis by Henglue Law Firm

Henglue Law Firm once represented a client in a second-instance inheritance dispute. Li *1 and Li *2 were siblings. Their father, Li *3, purchased two properties in Xicheng District, Beijing between 2001 and 2003, all registered under his name. After his death in 2006, the siblings disputed the ownership of the two properties. Sister Li *2 argued that they should each inherit one property according to legal succession and was willing to give the larger house to her brother and take the smaller one without demanding a price difference. The brother claimed that the purchase funds were raised by him, that he had renovated the properties, and that there was a family partition agreement, so both properties should belong to him. The sister entrusted Henglue Law Firm to protect her rights. The lawyers argued based on two points: First, the brother's claim of a family partition agreement lacked written evidence and was not recognized by the other party, so the existing evidence was insufficient to prove that such an agreement had been signed. Second, the father's oral statement before his death did not meet the legal requirements for oral wills, so it should be considered invalid, and the inheritance should be handled according to legal succession. At the same time, they emphasized that the sister's choice of the smaller house and her decision not to demand a price difference from her brother was a reasonable division plan. The first-instance court adopted the legal succession plan, but the brother appealed. The second-instance court held that the existing evidence was insufficient to prove that a family partition agreement had been signed, and the father's oral statement did not meet the legal requirements for oral wills, so the appeal was dismissed and the original judgment was upheld. The sister legally inherited one of the properties and obtained her due share of the inheritance. This case shows that daughters also enjoy the right of legal succession. When facing the defenses of "family partition agreements" and "deathbed declarations", the key lies in reviewing the evidence and compliance with legal formal requirements. This case was handled by Beijing Henglue Law Firm.

IV. Practical suggestions and legal basis

Action list: First, verify whether the parents have a legal and valid will and meet all formal requirements; Second, collect materials proving your status as an heir, such as household registration, birth certificates, and proof of kinship; Third, secure evidence other than the will, including family division agreements, chat records, and receipts for support and expense payments; Fourth, if you discover that the other party is hiding or transferring the inheritance, apply for preservation measures in a timely manner and claim a reduced or no share of the inheritance; Fifth, file a lawsuit within the statute of limitations. For inheritance disputes, you can refer to the following materials for guidance:\nInheritance of property and division of family assetsAndSpecial servicesLegal basis: Articles 1126, 1127, 1128, 1130, 1142, and 188 of the Civil Code of the People's Republic of China (all of which came into effect on January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

First, the inheritance rights of men and women are equal, and daughters and sons are both first-order heirs. Second, the "verbal instructions" of parents generally do not meet the formal requirements of a will and do not necessarily change the statutory inheritance. Third, those who claim a larger share must provide evidence of their main support obligations. Fourth, those whose shares have been encroached upon should sue in time to avoid exceeding the statute of limitations. For cases involving children's inheritance and property division, they can proceed through legal channels.Inheritance of property and division of family assetsFor a comprehensive solution to the service involving property division and transfer, you can refer to the following content for reference.Property sales and construction projectsThe aspects related to preservation and enforcement can be combined togetherCreditor's rights and debts, and enforcementFor matters involving mediation and special procedures, you can seek advice from usSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: Does my daughter have the right of inheritance?

Yes. According to Article 1126 of the Civil Code of the People's Republic of China, the right of inheritance is equal for men and women; Article 1127 stipulates that children are the first-order heirs, including those born in marriage, those born out of wedlock, adopted children, and stepchildren with whom there is a supportive relationship. Daughters and sons are both first-order heirs and, in principle, inherit their parents' estate in equal shares.

Q2: My brother said that it's not legal for a daughter not to share in the family property. Is that true?

This is illegal. According to the law, daughters have the same right of inheritance as sons. There is no legal basis for depriving them of their share of inheritance on the grounds that "married daughters do not inherit family property". If the negotiation fails, they can sue the court to claim their due share of inheritance; if the heirs conceal or transfer the inheritance, they can also claim a smaller or no share of inheritance and request its return.

Q3: Does it count if parents say they will give their property to their brother when they are on their deathbed?

It's usually not valid. An oral will is only valid in emergency situations and requires at least two witnesses. If the emergency situation ends and the testator can make a will in other forms, the oral will will be invalidated. If the oral statements made in daily life or at the end of life do not comply with the statutory form, they generally do not produce the effect of a will, and the inheritance will still be handled in accordance with the statutory succession.

Q4: Can the daughter who has been taking care of her parents for many years get a larger share of the inheritance?

This can be claimed. According to Article 113 of the Civil Code of the People's Republic of China, an heir who has fulfilled the main duty of supporting the decedent or lived with the decedent may receive a larger share of the inheritance when the estate is distributed. The party claiming a larger share should submit evidence such as care, companionship, and expense burden, as a unilateral statement is usually insufficient to support the claim.

Q5: Within how long should I file a lawsuit if I'm deprived of my share of assets?

Where the right of inheritance is infringed, the three-year statute of limitations shall apply, calculated from the date when the right holder knows or should have known that his/her rights have been infringed; where the statute of limitations exceeds 20 years from the date of commencement of inheritance, the right will generally no longer be protected. After discovering that he/she has been excluded from the distribution, the right holder should fix the evidence and file a lawsuit as soon as possible to avoid the rights being damaged by the statute of limitations.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Inheritance legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.