When the father dies, the name of the house is the father s mother, does the mother have the right t

Updated on society 2024-02-25
21 answers
  1. Anonymous users2024-02-06

    Hello. 1. If there is no will to the individual, then this house is your father's personal inheritance, half of the mother and son (if your father has parents, or other children, they also have a share), if this house is purchased by your parents during the marriage, then half is your mother's, and the other half is your father's estate divided equally by your mother and son, but no matter if you have a share, your mother has no right to transfer the property alone, but the housing management department should also let it be transferred, and it must be approved by your signature;

    2. Because your mother has the right to inherit your father's property, part of the property belongs to your mother, so his other two children have the right to inherit it, not your father's, but your mother's, and the girl who followed your mother also has the right to inherit your father's property (provided that your parents were under the age of 18 when they got married).

    3. This is similar to the first one, because your father passed away, part of the property will be inherited by your mother, so he is married, and after your mother dies, he will of course have the right to inherit your mother's personal property;

    Your question is too complicated, but if you divide the property if the father dies, divide it first, and then divide the mother's property if the mother dies, it is clear that the first priority of legal succession: spouse, parents, children! If they are all there, they all have shares, and in principle, they are divided equally!

  2. Anonymous users2024-02-05

    In terms of your question, they are as follows:

    1.After your father's death, the house becomes an inheritance, and in the absence of a will, if the house was owned by your father before marriage, your grandfather, grandmother, mother, you, sister, etc., divide the property equally; If the house is owned by your father and your mother after marriage, half of it will be your mother's share first, and the rest will generally be divided equally according to the above division method. Presumably, you should be an adult, so your mother does not have the right to change her name without the consent of the other person who has the right to inherit.

    2.If all the elders pass away, the house will be left with you and your sister, the daughter of your mother and her ex-husband. It can't be just one you or just you.

    3.They have a share of the rights, but less than you, and they have your mother's share.

    Also, people should be self-reliant, and don't look forward to inheritance. Because when dividing the inheritance, it is all with the pain of bereavement, which is not a good thing. In this world, there is nothing more important than parental and brotherly affection. It's yours, the law says; It's not yours, don't scramble.

    If there is anything wrong with the above, please forgive me!

  3. Anonymous users2024-02-04

    The father has the right to dispose of the property and is the one who has the most right to dispose of the propertyBecause the name on the real estate deed was originally my father's name, plus my mother has been dead for many yearsLegally, the house is your father's. As for what your father does, it's your father's personal freedom, and it has nothing to do with anyone. If the property is to be demolished, the person who handles it should also be your father, and no one else has the right to dispose of it.

    First of all, the law stipulates that whoever is in the name of the real estate deed, and the property belongs to whomThe title deed means that your father has legal ownership of the houseThe property can be used by comrades-in-arms, as well as the income and disposal, and your father is legally owned, which is also a written proof of your father's ownership of the house, which can avoid many disputes. The title deed only has your father's name on it, it is not part of the joint property of the marriage, and your mother has passed away and has no ownership of the house during her lifetime, let alone after her death. So your father has the best right to dispose of the property.

    Secondly, there is only your father's name on the title deed, and there is no evidence to prove that the house belongs to your father and your mother, which means that only your father can handle the property. And your mother has died, and your father inherits your mother's estate according to the law, and your father is also your mother's first heir, and the law states that the first heir to the estate is the spouse. So no matter how you look at it, the house is your father's name, and it has nothing to do with your mother's death, the house is your father's, and he naturally can do whatever he wants.

    Because he bought the house, if there is any dispute, he can provide the corresponding evidence to seek the help of a lawyer.

    In general, whoever is in the name on the title deed belongs to whomever the house belongs to, and the owner of the house has the legal right to dispose of the house, so there is no doubt that your father will deal with the property and it is also legal, and how he handles the house is also protected by the law. Of course, your father also has the right to transfer the house to you.

  4. Anonymous users2024-02-03

    The father has the right to dispose of the property, after all, the name of the title deed is the father's name, and the father has the right to deal with it.

  5. Anonymous users2024-02-02

    After all, the right is in the other party's name, and the other party's partner has passed away, so it can be handled well at this time, whether it is bought or sold or rented out.

  6. Anonymous users2024-02-01

    I think my father has the right to dispose of the property, especially if it belongs to the father alone, so I don't have any worries.

  7. Anonymous users2024-01-31

    It has been 9 years since the mother died, and a house was divided into a house after demolition, and the old house was not transferred to any party, and the three children

  8. Anonymous users2024-01-30

    If the house is registered only in the father's name, but it is the joint property of the parents, the child shall have the right to inherit the share in the mother's name after the mother's death. If the mother has left a will, the inheritance shall occur in accordance with the will, and if there is no will, the inheritance shall be divided according to the method of statutory inheritance. If the father transfers the property to one of the children without permission, the other children are still entitled to claim their share of the inheritance.

    The father can also organize the children to negotiate how the mother's share is to be divided, and after reaching an agreement, an agreement on the division of the estate can be signed, and all heirs should sign it together. If it is only about how to deal with the share of the real estate in the father's name, the father can write a will by himself, and if it is a will, it does not need to be signed by other children, that is, the heirs, only need to sign the testator himself and indicate the date.

    [Legal basis].

    Article 1127 of the Civil Code [Scope and Order of Inheritance of Legal Heirs] The inheritance of the estate shall be in the following order:

    1) First order: spouse, children, parents;

    2) Second order: siblings, grandparents, maternal grandparents.

    After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir, the second-order heir shall inherit.

    For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren.

    For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship.

    The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

    Article 1132: [Methods for Handling Inheritance]Heirs shall handle inheritance issues through consultation in the spirit of mutual understanding, mutual accommodation, harmony and unity. The time, method and share of the division of the estate shall be determined by the heirs through consultation; If the negotiation fails, the people's mediation committee may mediate or file a lawsuit in the people's court.

    Article 1134: [Self-Written Wills] Self-written wills are to be written and signed by the testator, indicating the year, month, and day.

  9. Anonymous users2024-01-29

    If there is no will, it is necessary to inherit half of the property rights in the name of the deceased in accordance with the inheritance law of the first series of heirs, the spouse of the deceased, the children of the deceased, and the parents of the deceased. Article 60 of the Law on the Administration of Urban Real Estate: When real estate is transferred or changed, it shall apply to the local people's ** real estate management department at or above the county level for registration of real estate change, and apply to the people's ** land management department at the same level for registration of change of land use right with the changed house ownership certificate, and the people's ** land management department at the same level shall replace or change the land use right certificate after verification by the people's ** land management department at the same level.

    Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws.

  10. Anonymous users2024-01-28

    The simplest is to have a will (written, preferably notarized or witnessed by an authoritative authority), according to which the transfer of ownership is sufficient.

    The procedure of not having a will is more cumbersome. There are two effective ways to transfer the property by inheritance:

    The first is to do inheritance notarization, and all the father's first-order heirs should participate, including those born out of wedlock. As long as the other first-order heirs renounce the inheritance, you can take the corresponding rights to the house. If the documents are complete, the notary office will issue a notarial deed, and you can handle the transfer of ownership of the property with the notarial deed.

    For details, please consult the notary office where you are registered or where the property is located.

    The second is to file a lawsuit with the court. You sue all of your father's first-order heirs, and as long as they renounce their inheritance, you can take the corresponding rights to the house. The principle is similar to notarization. Wait for the court judgment to take effect before applying for enforcement. You can then transfer the title in accordance with the law.

    The above two methods are highly legally effective and can successfully complete the transfer of real estate in any province. There may be other ways to check with your local real estate registry.

  11. Anonymous users2024-01-27

    If the father's parents are no longer alive, then only the mother's consent is required to go to the housing authority to change the owner of the house to a son. If one or both of the father's parents is still alive, the mother's consent to change the owner of the property to the son's name is required for the parents to renounce the son's inheritance.

    Procedures for changing the name of the property:

    Application for registration of change of ownership of the house (the original copy is retained);

    Proof of the applicant's identity (check the original and keep the copy);

    Certificate of Ownership (except for those not collected);

    Proof of direct relationship (check the original and keep the copy);

    An agreement between a father and a son to change the owner of the house (check the original and keep the copy).

    The registration body shall complete the review within 30 days from the date of accepting the application for modification of registration.

    Stamp duty: $5 per house ownership certificate. Cost of production:

    If a certificate of housing ownership is issued, the cost of the certificate shall be exempted; When issuing a certificate of ownership to more than one house owner, the cost of the certificate shall be paid at 10 yuan per certificate for each additional certificate. Handling agency: Property Rights Section of the local housing authority.

  12. Anonymous users2024-01-26

    The father's house, the father dies, the mother and the son are the heirs, if the father's title deed is changed to the son's name, then the mother needs to give or sell that part of it to the son. This will allow the owner on the title deed to be changed to the son's name.

  13. Anonymous users2024-01-25

    Hehe, there is no co-owner of the property. If the father dies, the mother is the first heir as the husband and wife, and she can directly bring the relevant documents to change the mother's name, and there is no need to pay taxes. Then add the son's name on the title deed, indicating 1 interest.

    There is no cost for this, and then after a period of time to modify the equity ratio, mother 1 son 99 This is also no cost. Finally, you can remove your mother's name or that's it. This is currently the easiest and most convenient way to avoid taxes.

  14. Anonymous users2024-01-24

    When your father dies, the first heir is your wife, that is, your mother, and the second in order is your son. To go through the real estate transfer procedures, your mother must first take the marriage certificate, household registration book, real estate certificate and your father's death certificate, and go to the real estate registration center to change it to your mother's name, as long as your mother agrees, you can also put your son's name on it, and your mother can also change the real estate registration to her son's name again if she wishes.

  15. Anonymous users2024-01-23

    If you want to change the name of the real estate certificate after your father's death, you must first take your father's death certificate and your mother to the notary office, do inheritance justice and your mother give up the inheritance justice, and then you can take the notarial certificate to the real estate trading hall to handle the transfer.

  16. Anonymous users2024-01-22

    If you want to change the real estate certificate to the son's name, the first thing to do is for the mother and son to bring the father's death certificate, ID card, copy of ID card, and household registration book to the notary office for notarization.

  17. Anonymous users2024-01-21

    Because the mother and son are joint heirs, if the title deed is changed to the son's name alone, then it is enough to give her part of the inheritance to the son, such as the mother's consent letter or gift certificate.

  18. Anonymous users2024-01-20

    After obtaining the mother's consent, you can change the son's name to the son's name by going to the notary office with the mother to go through the gift procedures, and the son's name is on the real estate certificate.

  19. Anonymous users2024-01-19

    After your father's death, if you are the only son, you and your mother are the legal heirs, and you cannot write all the houses in your name unless your mother agrees to give up the inheritance to you.

  20. Anonymous users2024-01-18

    Hello, you can call all his legal heirs to the real estate office and change the name to the son's name.

  21. Anonymous users2024-01-17

    You must take your mother to the notary office for notarization, which means that your mother voluntarily transfers all her shares, or something else.

    Bring your household registration and ID card, including your father's death certificate, real estate certificate, and other certificates, to the notary office where your household registration is located. They know how to operate, and with a notarial deed can the property be processed.

    That's probably what it means.

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