Can a house without title be inherited as an inheritance?

In the modern social life of soaring housing prices, some people are running around every day because of the house and car life, while some people have multiple properties at a young age, many of which are inherited from their parents or deceased relatives.

Can a house without title be inherited as an inheritance?

To inherit an estate, you must first clarify the ownership of the house, whether it is a public house or a private house. If it is a public house, there is no question of inheritance. In the case of a private house, the owner's children have the right to inherit. Where children fail to fulfill or underfulfill their obligation to support their parents during their lifetime, they may receive no or less share.

1. Houses that only have the right to use, in addition to ordinary commercial housing, there are central production housing, military production housing, public rental housing and so on. Because this type of housing is very policy-oriented, whether it can be inherited mainly depends on the policy regulations.

2. There is only the right to use, but the houses that can be inherited, there are some central production houses, military production houses, etc., which cannot be listed and traded, although there is only the right to use, but the policy allows inheritance. Of course, the inheritance can only be the right of use, that is, the heirs of the deceased jointly have the right to use the house.

However, how multiple heirs can exercise the common right of use fairly, reasonably and amicably has always been a complex issue in practice. For example, some heirs want to live on their own, and some heirs want to rent and collect rent; Some heirs complain about the small space they use, and some heirs think that the common areas are unmaintained, etc., which is often full of contradictions.

3. Houses that only have the right to use, but cannot be inherited, such houses are more typical of public rental housing. Public rental housing is leased in nature, and citizens do not own the leased housing, and the right to use it cannot be inherited.

4. Rural homesteads and houses, homesteads can only be applied for by members of the collective organization, and there is the principle of "one household, one house", so its inheritance is also related to the identity of the heirs.

How do you inherit a house without title?

1. After the death of the property owner, if there is no will, the property right can only be inherited and transferred according to the statutory inheritance procedure.

2. The heirs are the heirs in the legal order, including parents, spouses, and children.

3. Issue a death certificate of the decedent and a certificate of kinship between the heir and the decedent.

4. All the heirs in order should bring their ID cards, household registration books, death certificates, certificates of kinship between the heirs and the decedent, real estate certificates, and land certificates to the local notary office for notarization of the inheritance of house property rights.

5. The heir shall bring his ID card, household registration booklet, real estate certificate, land certificate and notarial certificate of inheritance of house property right to the local housing property registration department and land bureau for the registration of inheritance and transfer of housing property right and the registration of change of land use right, and transfer the real estate certificate and land certificate to the name of the heir.

The above was released on 2017-04-21, the current relevant housing purchase policy is subject to the actual situation).

Whether a house without a title deed is considered an inheritance depends on the specific situation. Whether the children can inherit the house without property rights needs to be decided according to the nature of the property rights of the house, with the following specific references: houses that only have the right to use, in addition to ordinary commercial housing, there are central production houses, military production houses, public rental housing, etc.

Because this kind of housing has a strong policy, whether it can be inherited mainly depends on the policy regulations. According to Article 1122 of the Civil Code, an estate is the personal legal 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.

As long as it is your own property, you can inherit the house without the real estate certificate, but you need to go to the notary office to notarize it to inherit.

, There is no real estate certificate for the house can be inherited, and the inheritance right of the estate must be notarized through legal procedures. It's legal.

If it is a rural area, it is possible to inherit without a real estate certificate.

Houses without title generally cannot be inherited.

Without a real estate certificate, it is impossible to apply for inheritance from a legal point of view. It is recommended that it is best to get the real estate certificate or go to the local notary office to notarize the ownership of the house.

How can I inherit a house without a title deed? It's better to go to the relevant departments to get the real estate certificate first.

Of course, there is no problem with this inheritance, but because there is no real estate certificate, you need to have a will and go to the notary office to notarize it.

An estate that has not been issued a title deed cannot be inherited. A house that has not obtained a real estate certificate is not the property legally owned by the deceased, and cannot go through the inheritance procedures. Only the legal heirs of property legally owned by the deceased can apply for inheritance formalities.

Article 1122 of the Civil Code [Definition of Inheritance] An inheritance is the personal 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.

Legal analysis: The way to inherit an estate without a real estate certificate is through notarization or litigation. The heirs 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 the area of the house or transfer the drawing, and apply for inheritance registration with the inheritance notarial certificate, housing surveying and mapping and other certificates to the real estate trading center or bring the relevant materials to the court where the house is located to file a lawsuit according to 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.

Legal basis: "Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property" Article 14 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, as well as materials on kinship with the decedent, and may also submit notarized materials or effective legal documents.

Civil Code of the People's Republic of China

Article 210 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.

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.

The premise of inheritance is that there is evidence that the house belongs to the deceased, and in this case, the title certificate is the most probative. If there is no title deed, the parties must provide other valid evidence to prove it.

Article 1123 of the Civil Code of the People's Republic of China After the commencement of inheritance, it shall be handled in accordance with 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 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 inheriting the beginning of the opening beam and burning the front, it will be inherited by the first-order heir, and the second-order heir will 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. "Brothers and sisters" as used in this Part includes brothers and sisters of the same parents, half-brothers and sisters of the same father or mother, brothers and sisters of Duan Jian, and step-brothers and sisters who have a relationship of support.