Can you inherit an affordable housing property if you already own it?

Affordable housing can only be transferred after 5 years. A legal will is valid. "Inheritance Law of the People's Republic of China" Chapter III Testamentary Succession and Bequest Article 16 [General Provisions on Wills and Bequests] Citizens may make wills to dispose of personal property in accordance with the provisions of this Law, and may appoint executors.

A citizen may make a will to designate personal property to be inherited by one or more of the legal heirs. Citizens may make a will to donate their personal property to persons other than the state, the collective, or the legal heirs. Article 17: [Form of Will] A notarized will shall be made by the testator through a notary public.

The self-written will shall be written and signed by the testator, indicating the year, month and day. A scrivener will shall be witnessed by two or more witnesses, one of whom shall write on behalf of the testator, indicating the year, month and day, and shall be signed by the scrivener, other witnesses and the testator. A will made in the form of a recording shall be witnessed by two or more witnesses.

The testator may make an oral will in a critical situation. An oral will should be witnessed by two or more witnesses. After the critical situation is resolved, if the testator is able to make a will in written or recorded form, the oral will made is invalid.

Article 18: [Testamentary Witnesses]The following persons cannot be testamentary witnesses: (1) Persons who are incapacitated or have limited capacity; (2) heirs and legatees; (3) Persons who have an interest in the heirs or legatees. Article 19: [Provisions on Special Retention of Shares] The will shall reserve the necessary share of the inheritance for the heirs who lack the ability to work and have no livelihood.

Article 20: [Revocation and Modification of Wills] The testator may revoke or change the will he has made. If there are several wills and the contents conflict, the final will shall prevail. Self-written, scrivener, recorded, or oral wills shall not be revoked or changed.

Article 21: [Will with Obligations] Where there are obligations attached to a testamentary inheritance or bequest, the heirs or legatees shall perform their obligations. Where a person fails to perform his obligations without a legitimate reason, the people's court may revoke his right to receive the inheritance at the request of the relevant unit or individual. Article 22: [Invalidity of Wills] A will made by a person who is incapacitated or has limited capacity is invalid.

The will must express the true intention of the testator, and the will made under duress or deception is invalid. A forged will is invalid.

does not affect, word count patch.

It is possible to inherit, and only needs to pay taxes.

1. Stamp duty, including contract stamp duty and warrant stamp duty. Contract Stamp Duty: According to the stamp duty tax item and tax rate table, the property right transfer document shall be decaled at 5/10,000 of the amount contained therein.

For example, a house of 1 million yuan needs to be inherited and transferred, and it is necessary to bear a contract stamp duty of 1 million yuan; Stamp duty on warrants: $5 per copy. 2. Deed tax.

According to the relevant regulations, the legal heirs of Chiyou are exempt from paying deed tax when they inherit real estate; For non-statutory heirs to transfer real estate, it is necessary to pay deed tax and tax rate. 3. No matter how many heirs are the heirs, they do not have to pay any taxes to the tax department, which can also be said to be a name change procedure, only the cost of production. If you buy and sell, the tax paid is about half higher, because the personal income tax paid is as much as 20% of the total price of the house.

4. The real estate certificate has passed for 2 years and can be exempted; The real estate certificate is less than 2 years old, and the valuation, to sum up, if you inherit, you need to notarize the inheritance agreement, you need to pay the notary fee, and you need to pay the real estate appraisal fee, deed tax, stamp duty and production fee when the transfer is made.

Affordable housing can be inherited and is not subject to the five-year restriction on the number of years of listing, but the nature of affordable housing is still maintained after inheritance, that is, the re-listing must also meet the conditions of five years from the date of obtaining the real estate certificate for the first time.

When inheriting affordable housing, it is important to note that:

1. During the review and Huai stage, if any of the applicant's family members has passed away, the qualifications of other family members will be re-examined. If the audit has been completed, there is no need for a new review.

2. After the lease contract of the affordable housing is signed, if one of the applicant's family members dies, the lease contract is still valid, and if the deceased is the main applicant, the main applicant needs to be changed and the contract is re-signed.

3. At the end of the contract, if one of the family members of the application dies, whether the family still meets the criteria will be re-examined.

4. If the owner of the house dies, the heirs can settle it through negotiation.

Affordable housing, like other affordable housing, is also likely to be repossessed, and if a resident does not meet the conditions for affordable housing but applies for affordable housing, the affordable housing will be repossessed after being found, and a certain fine will be imposed. In addition, idleness, renting, or lending of affordable housing will also lead to the repossession of affordable housing.

If you want to inherit the property, the affordable housing will be repurchased by ** according to the regulations and the contract.

According to the Notice of the Ministry of Construction, the National Development and Reform Commission, and the Ministry of Supervision on Printing and Distributing the Administrative Measures for Affordable Housing (Revision).

Article 31.

If a family that has already purchased affordable housing buys other housing, the original affordable housing shall be repurchased by ** in accordance with the provisions and the contract. **Affordable housing repurchased by towns and towns should still be used to address housing difficulties for low-income families.

Article 32.

Families who have participated in welfare housing are not allowed to purchase affordable housing until they have returned their housing allocation, and families that have already purchased affordable housing are not allowed to purchase affordable housing.

Article 33.

Affordable housing purchased by an individual may not be rented out until full ownership has been obtained.

Article 1122 of the Civil Code of the People's Republic of China provides that an estate is the lawful property of an individual left behind by a natural person upon his death.

An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.

No, if you have affordable housing, you can't inherit the property, and the family of affordable housing does not hide that Zheng allows Zao Song to own a property other than affordable housing, and if you want to transfer your parents' commercial housing to your own name, you must withdraw from the economic housing.

Legal Analysis: Can be inherited. Affordable housing inheritance is not subject to the 5-year restriction on the number of years of listing, but the nature of affordable housing remains unchanged after the inheritance of affordable housing.

That is, the re-listing still meets the conditions of 5 years from the date of obtaining the real estate certificate of affordable housing for the first time. After signing the affordable housing sales contract but before the registration of the ownership of the affordable housing, if the buyer dies, the original affordable housing sales contract shall be terminated, and the remaining common affordable housing applicants shall re-sign the buyer and sign the contract. If the co-applicant for affordable housing does not have the ability to purchase a house, the housing sales contract will be terminated, and the affordable housing ** unit will return the purchase price.

If the owner of the affordable housing rights dies after the completion of the registration of the affordable property rights, even if they are not family members who apply for the affordable housing, they can inherit it. All in all, affordable housing is inheritable.

Legal basis: Civil Code of the People's Republic of China

Article 1122:Inheritance is the lawful property left behind by a natural person when he or she dies. An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited quietly.

Article 1123: After the commencement of inheritance, it shall be handled in accordance with the statutory succession; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

Article 1127 Inheritance shall be in the following order: (1) first order: spouse, children, parents; (2) Second order:

Siblings, grandparents, maternal grandfather Jean Hui scumbag. 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.

Licensed affordable housing can be inherited. Employees of affordable housing have limited property rights, and after living in a certain proportion for 5 years, they can obtain a real estate certificate to obtain all property rights, and they can become the legal property of the decedent, so they can be inherited.

Legal basisArticle 30 of the Measures for the Administration of Affordable Housing.

Affordable Housing Buyers have limited property rights.

If the buyer really needs to transfer the affordable housing for special reasons, it shall be repurchased according to the original and considering factors such as depreciation and price level.

After purchasing affordable housing for 5 years, if the buyer is listed and transfers the affordable housing, he shall pay the land income and other relevant prices to ** according to a certain proportion of the price difference between the ordinary commercial housing and the affordable housing in the same area at that time, and the specific payment ratio shall be determined by the people of the city and county, and the ** can be repurchased first; The buyer can also obtain full property rights after paying the relevant price such as land income to ** in accordance with the standard set by **.