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With China's current housing prices still high, it is a joy to be able to inherit a property. The heir to the property can dispose of the property, such as buying and selling, if needed. However, the owner of the property must be the owner of the house, otherwise, there will be great legal risks in the sale of the house, and ultimately damage the legitimate rights and interests of the parties.
Therefore, in order for the inherited property to be able to be bought and sold, it must be transferred to the name of the heir, and the heir becomes the owner of the house in the legal sense, and the inherited property can be bought and sold. In reality, the inheritance and transfer of real estate is a troublesome matter, and if you don't pay attention, you will encounter many difficulties. Nowadays, there are many brothers and sisters of the elderly, and once subrogation occurs, and the brothers and sisters see the money, the share of the property they want to leave to their children will be divided in minutes.
Parents generally love their children, and if you want your property to be inherited by your children after a hundred years, the safest way is to make a notarized will. The will of the deceased parents must be notarized by a notary office, and then with the notarial certificate of inheritance, the original real estate certificate of the parents, and the original and copy of the heir's ID card, the heirs shall go to the housing authority in person to handle the establishment, alteration, transfer and extinction of the real estate rights in accordance with Article 9 of the Property Law of the People's Republic of China, which shall be registered in accordance with the law and take effect; Without registration, it shall not take effect, unless otherwise provided by law. Article 14 of the Property Law of the People's Republic of China provides that the creation, alteration, transfer and extinction of immovable property rights shall be registered in accordance with the provisions of the law, and shall take effect when they are recorded in the immovable property register.
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No, only the owner of the property can dispose of the property and buy or sell it. Other people do not have the right to dispose of the property, and the heirs can only obtain the ownership of the property and buy and sell it only after inheriting the property and registering the change.
The property is owned by their testamentary heirs or legal heirs. Therefore, only the decedent's house can be inherited if it has legal property rights. When the inheritance occurs, if there are multiple heirs, the property should be discounted in accordance with the will and relevant laws and regulations, and the original property right certificate, will and other materials should be transferred to the competent department.
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The property can be sold after the death of the parents, but at the same time, it is necessary to go through the inheritance of the real estate, and then the sale and transfer procedures can be carried out, as follows: all the laws after the death of the parents.
The heirs negotiate collectively and select one of them as the heir of the property, and the others renounce the inheritance; Then bring the identity certificate, household registration book, house title certificate, and death together.
The death certificate will go to the notary office to handle the notarization of real estate inheritance and obtain the notarial certificate; After that, the heir brings the notarial certificate of inheritance of the real estate, the house title certificate, and the ID card to the housing management.
The department applies for a change, and then you can go through the transfer procedures.
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Don't do things that hurt nature.
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Legal analysis: No, you need to go through the inheritance transfer first, and then the heirs will sell the transferred housing. Real estate inheritance refers to the legal act of transferring the ownership of the house left by the decedent and its land use right to the heir in accordance with the provisions of relevant laws and procedures.
Real estate inheritance is a way to obtain ownership and use rights. When inheritance occurs, if there are multiple heirs, the property should be divided in accordance with the will and relevant laws and regulations, and the original property right certificate, will and other materials should be transferred to the competent department.
Legal basis: Article 1127 of the Civil Code of the People's Republic of China The inheritance of the estate shall be in the following order: (1) The 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.
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Legal analysis: First of all, all the legal heirs should negotiate collectively, and then bring their identity certificates, household registration books, house ownership certificates, and death certificates to the notary office to handle the notarization of real estate inheritance and obtain the notarial certificate; After that, the heir of the property shall apply for the transfer of ownership to the housing management department with the notarial certificate of inheritance of the real estate, the certificate of ownership of the house, and the ID card, and then it can be externalized.
Legal basis: Article 124 of the Civil Code of the People's Republic of China Natural persons enjoy the right of inheritance in accordance with law. The lawful private property of natural persons may be inherited in accordance with law.
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When an old man dies, the house cannot be sold directly. The heirs of the deceased need to go through the inheritance transfer procedures first, obtain the real estate certificate in the name of the heir, and the house is owned by the heirs, and then the heirs and the buyer sign a contract to go through the transfer and sale procedures.
The house belongs to the inheritance left by the deceased old man, and if there is no legal and valid will left before the inheritance of life, the estate enters the legal inheritance procedure, and the legal first-order heir. That is, the parents of the elderly, the legal spouse of the elderly, and the children of the elderly shall be broken up and circumcised.
The materials that need to be submitted for the transfer of ownership of the house are as follows:
1. Certificate of ownership of the house.
2. Housing surveying and mapping papers (provided by the real estate trading center).
3. Housing file check certificate (provided by the real estate transaction center).
4. Real estate appraisal report.
5. The homeowner shall provide the ID cards and household registration books of both husband and wife
6. The house sales contract is answered.
7. Application form for real estate transfer, letter of guarantee (provided by the real estate trading center) 8. ID card for buying a house.
Legal basis: Civil Code of the People's Republic of China
Article 209.
Effect of registration of immovable property rights] The creation, alteration, transfer and extinction of immovable property rights shall become effective upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.
The ownership of natural resources that belong to the State in accordance with the law may not be registered.
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No, you need to go through the inheritance transfer first, and then the heirs will sell the transferred house. Real estate inheritance refers to the legal act of transferring the ownership of the house left by the decedent and its land use right to the heir in accordance with the provisions of relevant laws. Real estate inheritance is a way to obtain ownership and use rights.
When the succession of the bridge leads, if there are multiple heirs, the property should be divided according to the will and relevant laws and regulations, and the original property right certificate, will and other materials should be transferred to the competent department.
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It is necessary to handle the inheritance first, and then transfer the ownership to the name before the transaction. Where a party applies for registration of immovable property acquired by inheritance or bequest, it shall submit death certificates, wills or agreements on the distribution of immovable property by all legal heirs, and materials on kinship with the decedent, and may also submit notarized materials or effective legal documents.
Legal basis: Article 14 of the Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property.
Where a party applies for registration of immovable property acquired by inheritance or bequest, it shall submit death certificates, wills or agreements on the distribution of immovable property by all legal heirs, and materials on kinship with the decedent, and may also submit notarized materials or effective legal documents.
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