First of all, "main property" itself is a relatively subjective concept, and the key lies in how to explain the word "main". Law is a universal social rule, which naturally comes from life and adapts to local conditions. In China, the most important property in people's lives is real estate, even the biggest asset of enterprises is real estate, so generally speaking, "main property" can be understood as "real estate", and the location of main property can also be understood as including the location of real estate. Secondly, understanding "main property" at the judicial level, that is, at the law enforcement level, is a vocabulary set up to solve disputes efficiently. The "main property" here should be understood as "the property that can maximize the interests of the winning party", and it is also convenient for the court accepting the case to preserve and execute such property. At this time, the main property should refer to real estate, stocks, futures and other property types that can fully or maximally realize the interests of the winning party. Finally, the Civil Procedure Law stipulates that inheritance disputes shall be under the exclusive jurisdiction of the place where the main heritage is located. At the same time, the law also stipulates the concurrence of jurisdiction. Therefore, the main property does not only refer to real estate, but should be understood from the perspective of how to better realize the interests of the winning party and facilitate the court to exercise its judicial power. This is not an expanded explanation, but a natural explanation.
Second, the scope of the heritage
1, legal income of natural persons;
2. Houses and daily necessities of natural persons
3. Trees, livestock and poultry of natural persons;
4. Cultural relics and books of natural persons;
5, the law allows all the means of production of natural persons;
6. Property rights in natural person's copyright and patent right;
7. Other legal property of natural persons mainly refers to various bills, securities and creditor's rights in the form of property.
Three. Heritage elements
To constitute a heritage, the following conditions must be met:
1. Legacy must be property. Property includes positive property and negative property. Negative assets are debts. Heritage cannot be personal rights, identity, etc.
This is determined by modern inheritance law as property inheritance, which is different from the patriarchal inheritance system in ancient society.
2. The inheritance must be the legal property owned by the deceased before his death. Everything here is in a broad sense, including not only property rights such as ownership as property rights, but also the creditor's rights enjoyed by the deceased before his death, as well as property rights in various compound rights such as intellectual property rights and equity rights.
The inheritance must be the property of the deceased. Some properties are not inheritable according to individual characteristics, so they cannot be inherited. For example, the right to claim pension insurance will disappear after the death of the insured.
The form of inheritance is not limited to the state left by the deceased. The property or substitute property derived from the property left by the deceased is the inheritance.
The above is a detailed introduction on how to determine the location of the main heritage for you. The location of the main heritage generally refers to real estate, that is, the location of real estate. If there is an inheritance dispute, you can bring a civil lawsuit to the court where the property is located, requesting the court to make a fair judgment.