The latest policies on property inheritance, and the relevant policies on property inheritance

Real estate inheritance refers to the legal act of transferring the ownership of the house and the land use right of the decedent to the heir in accordance with the provisions of the Inheritance Law. Real estate inheritance is a way to obtain ownership and use rights. Among the estates listed in our Inheritance Act is housing.

The so-called inheritance of the house means that after the death of the decedent, the property belongs to the testamentary heirs or legal heirs. Therefore, only the decedent's house can be inherited if it has legal property 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.

The procedures for real estate inheritance must go through the process of housing appraisal, inheritance notarization, and application for property rights registration. For a house that has received the "Real Estate Ownership Certificate", when the owner of the house dies, its legal heirs can apply for the registration of the inheritance of the house. Legal basis:

Article 10 of the Inheritance Law of the People's Republic of China The inheritance shall be inherited in the following order: first order: spouse, children, parents.

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.

If there is no first-order heir, the second-order heir shall inherit.

Inheritance should only occur after the death of the decedent (in the case of inheritance, the person who left the property). The heirs may also agree that the estate house is jointly owned, either by shares or jointly. In the division of the house estate, the method of discount compensation should be adopted as far as possible, and the method of co-ownership does not completely resolve the dispute, and should be regarded as a supplement to the first method.

Legal Analysis: New Provisions on Parental Property Inheritance: (1) Inheritance must begin after the death of the decedent.

Their children will not be able to inherit real estate. It is okay for parents to donate their real estate to their children if they want, but this kind of behavior is called giving away during life, not inheritance. (2) The person who inherits the estate must be the legal heir of the decedent, that is, the legal heir or testamentary heir.

The legal heirs who are determined by inheritance are: spouse, children, parents, siblings, grandparents, and maternal grandparents. (3) The inheritance obtained by the heir in accordance with the law must be the lawful property owned by the deceased during his lifetime or other lawful property rights and interests that can be inherited in accordance with the law.

Inheritance of joint family property, joint property of husband and wife and partnership property without division shall not be carried out as inheritance.

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.

Article 1123 After the commencement of inheritance, it shall be handled in accordance with the statutory inheritance surplus; 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 The inheritance 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. 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.

In ordinary life, we often see the breakdown of sibling relations caused by real estate inheritance disputes, of course, this matter has always been a controversial topic, generally speaking, after the death of parents, there will be such a thing as real estate inheritance disputes, so what are the latest policies on real estate inheritance? Let's take a look at it below, I believe it will bring you different insights.

For the inheritance of real estate, it must first be started after the death of the decedent, so that the inheritance will become a vested right; Secondly, the person who inherits the estate must be the legal inheritance of the decedent; The inheritance obtained by the last heir in accordance with the law must be the legal property owned by the deceased before his death or other legal property rights and interests that can be inherited in accordance with the law.

What are the steps to inherit a house.

1. First of all, the house must go through the value appraisal of the relevant company, generally speaking, they will make a professional analysis and property price assessment according to the important factors such as the road section, sitting direction, floor, and age of the house, and determine the accurate market value of the property, and then the applicant should go to the notary office where the house is located to handle the inheritance notarization and receive the inheritance notarial certificate.

2. When notarizing, the information of the relevant personnel and the house should be provided, such as the death certificate of the owner of the house, the list of legal heirs issued by the legal authority, and the original will of the original owner of the house should be presented for discussion. If some of the legal heirs voluntarily renounce their inheritance rights, they must issue a certificate of renunciation of their property commitment.

3. The applicant should also go to the relevant departments to go through the surveying and mapping procedures of the housing range, and receive the attached drawings in order to go through the property rights registration procedures, and the applicant also needs to apply for inheritance registration procedures at the real estate trading center with real estate ownership certificates, inheritance notarial certificates, housing surveying and mapping and other certificates. After filling in the "Application for Real Estate Property Rights Registration" and submitting the above information, the case-handling personnel will accept the case and issue a receipt. After all the information is verified, the real estate certificate of the person who has changed the right will be issued.

Summary: Well, the above is about the latest policy on real estate inheritance what are the content of the introduction, I hope to provide you with some help, I believe that in the future in the process of understanding the latest policy of real estate inheritance, friends will be more handy, get their own satisfactory answers.

Property inheritance. Compared with real estate gifts, there is no business tax, individual income tax and deed tax for real estate inheritance, and only notarization is required. However, compared with gifts, the business of property inheritance is relatively complex, and there are still some problems.

There is no time limit for the inheritance of the property, and it can be applied for whenever from the date of death of the owner of the house. The more time passes, the more cumbersome the formalities may be, and the cost may increase. For example, if an heir dies before the division of the estate, his heirs are entitled to inherit his share of the inheritance.

If multiple children inherit together, all heirs need to go to the notary office to apply for inheritance notarization, and if someone delays, the notary office cannot issue a notarial certificate. Without a notarial deed, it is not possible to register the transfer of ownership of a property in a non-litigation manner. Try to resolve the matter through negotiation, and if the negotiation fails, the court may consider making a judgment on the ownership of the estate in accordance with the law through litigation.

However, this method affects family affection and is also very expensive, so it should be carefully considered.