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It is not possible to inherit, and the inheritance transfer must have a real estate certificate.
The process of inheritance and transfer.
1. Housing appraisal: First of all, the market value of the house must be evaluated by the appraisal company. The appraisal company will make a professional analysis and property price appraisal according to important factors such as the road section, sitting direction, floor, and age of the house, and determine the accurate market value of the property.
2. Inheritance notarization: The applicant shall go to the notary office where the house is located to handle the inheritance notarization and receive the inheritance notarial certificate. When notarizing, the death certificate of the owner of the house, the list of legal heirs issued by the legal authority, and the will (if any) made by the original owner of the house must be provided, and the original will should also be submitted.
If some of the legal heirs voluntarily renounce their inheritance rights, they must issue a certificate of renunciation of their property commitment.
3. Housing surveying and mapping: The applicant must apply to the real estate surveying and mapping department for the surveying and mapping of the housing area or the transfer of drawings, and receive the surveying and mapping results or drawings in order to go through the property rights registration procedures.
4. Inheritance registration: The applicant shall apply for inheritance registration procedures at the real estate trading center with real estate ownership certificate, inheritance notarial certificate, 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 changed owner will be issued.
5. Other information to be submitted: If the ownership of the house and other matters are subject to court judgment, ruling or mediation, the court judgment, ruling or mediation must be submitted. If the house is found to have been rebuilt or has illegal construction after on-site surveying and mapping, it must be submitted to the planning department for construction review or decision.
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Summary. Hello dear, if you need to inherit a house that has not obtained the real estate certificate, you need to determine the ownership of the house first. If the house is acquired through purchase, according to the provisions of the Property Law, the rights of both parties to the property have been transferred when the contract is concluded, that is, the ownership of the house has been transferred from the original owner to the buyer, and the failure to obtain the property ownership certificate does not affect the change of ownership.
If the property was acquired by inheritance or gift, it will be handled in accordance with the relevant legal provisions.
Hello dear, if you need to inherit a house that has not obtained the real estate certificate, you need to determine the ownership of the house first. If the house is acquired through purchase, according to the Property Law, the rights of both parties to the property have been transferred when the contract is concluded, that is, the ownership of the house has been transferred from the original owner to the buyer, and the failure to obtain the property ownership certificate does not affect the change of ownership. If the property was acquired by inheritance or gift, it will be handled in accordance with the relevant legal provisions.
Here are some detailed extensions for you:1If the heirs are legally entitled to inherit the house, they can obtain the ownership of the house through a will, inheritance notarization, filing a lawsuit, etc., instead of a house withering and hunger certificate.
2.If there is a real estate registration non-return system in the place where the house is located, it is recommended to apply for a real estate certificate to ensure that the ownership of the house is legal and valid and to avoid ownership disputes.
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A house without a real estate certificate cannot be transferred, and a house ownership certificate is required when registering the transfer of real estate. According to the Detailed Rules for the Implementation of the Provisional Regulations on Immovable Property, those who apply for registration of the transfer of the right to use state-owned construction land and the ownership of houses shall submit the following materials according to different circumstances: (1) Certificate of ownership of immovable property; (2) Contracts for sale, exchange, or gift; (3) Materials inherited or bequeathed; (4) Split or merger agreements; (5) Legal documents effective by the people's courts or arbitration commissions; (6) The approval documents of the people** or the competent departments with the right to approve; (7) Proof of payment of relevant taxes and fees; (8) Other necessary materials.
If the real estate sales contract shall be filed in accordance with the law, the applicant shall submit the recorded sales contract when applying for registration. Article 38 of the Detailed Rules for the Implementation of the Interim Regulations on Immovable Property.
Article 209 of the Civil Code of the People's Republic of China The establishment, alteration, transfer and extinction of real estate rights shall take effect 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. Article 210 of the Civil Code of the People's Republic of China The registration of immovable property shall be handled by the registration authority where the immovable property is located.
The State implements a unified registration system for immovable property. The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.
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Houses without property ownership deeds can be inherited through notarization or litigation. The heir can go to the district or municipal notary office to handle the notarization of inheritance rights, and the real estate surveying and mapping department shall handle the procedures for surveying and mapping or transferring the area of the house, and apply for inheritance registration at the real estate transaction center with the inheritance notarial certificate, housing surveying and mapping and other certificates; Or bring the relevant materials to the court where the housing is located to file a lawsuit in accordance with the law, and issue an official letter of assistance in enforcement after obtaining the court judgment, and handle the transfer of ownership with this official letter.
The heir can go to the district or municipal notary office to handle the notarization of inheritance rights, and the real estate surveying and mapping department shall handle the procedures for surveying and mapping or transferring the house to the real estate trading center, and apply for inheritance registration at the real estate transaction center with the inheritance notarial certificate, housing surveying and mapping and other certificates; Or bring the relevant materials to the court where the housing is located to file a lawsuit in accordance with the law, and issue an official letter of assistance in enforcement after obtaining the court judgment, and handle the transfer of ownership with this official letter.
Hello dear! Rent Mengtan is happy to answer for you early, legal basis; Article 14 of the Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property provides that if a party acquires immovable property by inheritance or bequest, and applies for registration, it shall submit death certificates, wills or agreements on the distribution of immovable property by all legal heirs, as well as materials on kinship with the decedent, and may also submit notarized materials or effective legal documents.
What is the situation here?
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Hello, according to your current situation, it is recommended that you can take the following 6 measures to protect your interests <>
If it is an illegal construction or other illegal **, inheritance may be difficult. If it is a legal house but the real estate certificate is not processed in time, the inheritance is still expected to be processed. 2.
According to the house**, the heir should apply for inheritance to the local property management department. Relevant building documents should be provided for legal construction; Illegal construction of houses shall be provided with repair or correction procedures. The department will review the file and handle the inheritance registration after confirmation.
3.The heir should also issue relevant inheritance procedures, such as the decedent's death certificate, kinship certificate, inheritance agreement, etc. Submit proof of personal identification and other documents at the same time.
This is an important basis for inheritance registration. 4.In the process of inheritance, the heir shall supplement the relevant procedures or pay taxes and fees according to the requirements of the department.
Such as property tax, stamp duty, etc. This is also a necessary condition for inheritance registration. The ownership of the house is finalized through corrections and contributions.
5.After the above procedures, the heirs can obtain the corresponding inheritance rights, ownership of the house or the right to use. However, if it is an illegal construction, the relevant departments will ask the heirs to make necessary corrections within a certain period of time, and finally obtain a legal house ownership certificate.
Failure to do so may result in penalties such as demolition. 6.Throughout the inheritance process, the heirs should properly keep all the certificates and ownership documents related to the house.
This will facilitate the transfer or continuation of the property rights change procedures in the future. If the legal documents are invalid, the rights and interests of the house will not be protected.
There are two legal avenues:
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