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When my father dies, how do I transfer the property?
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Legal analysis: 1. Housing appraisal: The appraisal company will evaluate the market value of the house.
2. Inheritance notarization bridge hall: The heirs of the real estate should bring the death certificate, the list of legal heirs, and the will, and go to the notary office where the house is located to handle the inheritance notarization.
3. Housing surveying and mapping: Before going through the property right registration, the heirs of the real estate must go to the real estate surveying and mapping department to apply for the procedures for surveying and mapping the area of the house, and receive the surveying and mapping results or attached drawings.
4. Inheritance registration: The heir of the real estate should bring the real estate right certificate, inheritance notarial certificate, housing surveying and mapping and other certificates to the real estate transaction center to apply for inheritance registration procedures. Fill in the "Application Form for Real Estate Property Registration" to receive and return the receipt, and only after all the information is approved can the real estate certificate be obtained.
Legal basis: "Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property" Article 18 Those who apply for the registration of the right to use state-owned construction land and the transfer of ownership of houses shall submit the following materials according to different circumstances:
1) Certificate of ownership of immovable property;
2) Contracts of sale, exchange, and gift;
3) Materials inherited or bequeathed by Min Luyin;
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 department with the right to approve;
7) Proof of payment of relevant taxes and fees;
8) Other necessary materials.
If the immovable property sales contract shall be filed in accordance with the law, the applicant shall submit the recorded sales contract when applying for registration.
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Legal analysis: You first need to go to the police station where your father's household registration is located to cancel your household registration and apply for a death certificate. After the transfer of the real estate certificate, go to the district or city notary office (the original export commercial house to the city notary office) for inheritance notarization, and then the heir should bring the notarial certificate, real estate certificate, and ID card to the office hall of the real estate trading center to handle the real estate certificate transfer procedures.
Legal basis: Article 266 of the Civil Code of the People's Republic of China Private individuals enjoy ownership of their lawful income, houses, daily necessities, production tools, raw materials and other immovable and movable property. Article 1121 Succession begins upon the death of the decedent.
Where several persons who have a relationship of inheritance with each other die in the same event, and it is difficult to determine the time of death, it is presumed that the person who has no other heirs dies first. If there are other heirs, and the generations are different, it is presumed that the elder died first; If they are of the same generation, they are presumed to have died at the same time, and no inheritance occurs between them. 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.
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1. How to handle the transfer of real estate under the name of the father who passed away.
1. The process of transferring the real estate under the father's deceased name is as follows:
1) The market value of the house is valued by the appraisal company;
2) The heirs of the real estate should bring the death certificate, the list of legal heirs, and the will, and go to the notary office where the house is located to handle the inheritance notarization;
3) Before the property right registration, the heir of the real estate must go to the real estate surveying and mapping department to apply for the surveying and mapping procedures of the house area, and receive the surveying and mapping results or attached drawings;
4) The heir of the real estate should bring the real estate ownership certificate, inheritance notarial certificate, housing surveying and mapping and other certificates to the real estate trading center to apply for inheritance registration procedures, and only after all the information is reviewed and approved can the real estate certificate be obtained.
2. Legal basis: Article 61 of the Law of the People's Republic of China on the Administration of Urban Real Estate.
To obtain land use rights by way of transfer or allocation, an application for registration shall be made to the local people's land management department at or above the county level, and the land use right certificate shall be issued by the people at the same level after verification by the local people's land management department at or above the county level.
If a house is built on the land for real estate development obtained in accordance with the law, it shall apply for registration with the local people's real estate management department at or above the county level with the certificate of land use right, and the local people's real estate management department at or above the county level shall verify and issue a certificate of house ownership.
When real estate is transferred or changed, it shall apply to the local people's ** real estate management department at or above the county level for registration of real estate change, and apply to the people's ** land management department at the same level for registration of change of land use right with the changed house ownership certificate, and the people's ** land management department at the same level shall replace or change the land use right certificate after verification by the people's ** land management department at the same level. Blind sprockets.
Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws.
2. What materials are required for the notarization of real estate transfer.
The following materials are required for the notarization of real estate transfer:
1. Proof of identity of all parties;
2. If real estate development is involved, the certificate of land use right, the construction project planning permit and construction project permit issued by the relevant state authorities shall be submitted;
3. If it involves the pre-sale and sale of real estate, submit the real estate pre-sale and sales license;
4. If the transfer of real estate ownership is involved, the certificate of real estate right shall be submitted;
5. If real estate guarantee is involved, the certificate of real estate right and right of use shall be submitted.
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Legal analysis: The procedures for the inheritance and transfer of real estate are as follows:
1. Children who apply for the transfer of inherited property also need to obtain the death certificate of the decedent and their own heir certificate. The death certificate of the decedent shall be handled with the public security bureau at the place where the decedent's household registration is located; The certificate of heirs shall be handled with the Municipal Public Security Bureau or the County Public Security Bureau; Wu Mo.
2. Children who apply for the transfer of inherited property need to determine their inheritance rights. If the parents have other legal inheritances, they can only be handled after the consent of the other heirs waives the right to inherit property; Where parents make a will while they are alive, it shall be executed in accordance with the provisions in the will. Go to the district or city notary office to handle the notarization of inheritance rights.
To register the transfer of ownership of the house, the applicant is the heir or legatee.
Legal basis: Civil Code of the People's Republic of China
Article 232:Where the disposition of immovable property rights enjoyed in accordance with the provisions of this section requires registration in accordance with the provisions of law, the real rights shall not take effect without registration.
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