Questions about inheritance and transfer of property rights? The more detailed the better, and I m d

If you go to the transfer, you won't be able to get through.

Your grandfather died, and the house should be inherited by his children, and if there is no will, the legal inheritance will apply, including your father, your uncle, your aunt, etc., all have the right to inherit, and they are all first-order heirs, of course, if no one raises objections, the house is inherited by your father, which is also in line with the general custom, and besides, it is still your family's money.

Because your grandfather's name is written on it, and if there is no other evidence, it's your grandfather's property, so your mother doesn't have the right to inherit, you do, but you're second-in-line, and while your father is still alive, it's not your turn to inherit.

Now, there are two ways to do this, and one is to find evidence that your parents bought the house, and then it becomes your parents' joint property.

The second is that you have to go through the inheritance, and if you want to transfer the property, you have to go through your father's name first.

You don't have to give up the inheritance, but if he gives it up, then your father's siblings will have the right to inherit, and it won't be your turn.

The best way to do this is to find evidence that your parents bought it, and you can't find it, so let's negotiate with your father, after all, you're his own daughter.

A written renunciation of inheritance must be made by your grandfather's heirs in order to be processed in your name, and the fees charged are determined by the property management department.

Legal analysis: In inheritance, if there is a will, you need to bring the will, death certificate, household registration book and your ID card to the housing management department to go through the transfer procedures directly; If there is no will, it is necessary for other relatives who have the right to inherit the house to give up the inheritance right of the house, and then go to the notary public to handle the inheritance notarization, and then go to the housing management department of the district where the property is located to go through the transfer procedures with the notarial certificate, death certificate, house search bridge property certificate, etc.

Legal basis: 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 after being registered 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 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.

Article 230 of the Civil Code of the People's Republic of China Where a real right is acquired by inheritance, it shall take effect from the beginning of the inheritance.

1. Procedures for real estate inheritanceThe procedures for real estate inheritance must go through the process of determining the heir of the house, housing appraisal, inheritance notarization, and applying for property rights registration. The main procedures for handling real estate inheritance are:

1. Determine the heirs of the property. To handle the inheritance of real estate, it is necessary to determine who the heirs are, the legal identity of the heirs of the real estate, and whether there are heirs who have renounced the inheritance.

2. Housing appraisal. Determine the housing appraisal company, and the appraisal company will make a professional **analysis and property price appraisal to determine the accurate market value of the property**.

3. Inheritance notarization. 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.

4. Housing surveying and mapping. The applicant must go to the real estate surveying and mapping department to apply for the surveying and mapping or transfer procedures of the house area, and receive the surveying and mapping results or attached drawings in order to go through the property rights registration procedures.

5. 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.

2. Partition of the estate of the house.

1. Direct division, but the premise is that it is objectively feasible to divide the house inheritance, and does not damage the utility of the house, does not affect production and life, and can be divided and disposed of, and the value of the house must be guaranteed not to be changed.

2. Discount compensation method. Generally, it is owned by the occupant, and he is compensated at a discount according to the share of the estate inherited by each heir. The price standard of the house can be determined by the heirs themselves through negotiation, or according to the private house appraisal standards stipulated by the people where the house is located, and with reference to the local market.

Shared approach. 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.

First of all, it is necessary to prove the existence of an oral will, and if there is no evidence to prove that there was an oral will at that time, it can only be inherited in accordance with the way of legal inheritance, and there is no way to inherit according to the oral will of the grandmother, and secondly, if there is really an oral will, it is necessary to judge whether the oral will is valid. If there is a condition to make another form of will after the oral will is made, but it is not made, the oral will is invalid. Or can only inherit according to the way of legal inheritance, there is no way to inherit according to the oral will of grandma.

Article 1138 of the Civil Code stipulates that "the testator may make an oral will in critical circumstances. An oral will should be witnessed by two or more witnesses. After the critical situation is eliminated, if the testator is able to make a will in writing or in the form of an audio or video recording, the oral will made is invalid.

Again, if it is proved that there is an oral will, and the oral will is valid, it is also necessary to determine whether there is a share of the grandfather's joint property in the house, if the old house belongs to the joint property of the grandfather and the grandmother, the grandmother has no right to say that all the real estate is only given to the father, at least the grandfather's share is still divided to other children, that is to say, the uncle occupies 1 2 * 1 4 = 1 8 of the house, and the cousin also has a share. If the grandfather already has a house before the grandmother marries the grandfather, then the house belongs to the grandfather's personal property, and the grandmother has no right to give the father alone, then the house should be 1 4 each of the aunt and uncle. If the whole house was built by the grandmother after the grandfather died, then the house belongs to the grandmother's personal property, and the grandmother can give the entire property to the father alone.

Finally, if it cannot be proved that there is an oral will, or that the oral will is invalid, then the grandparents will divide the share of the property, and at this time, it is necessary to determine which the heirs of the grandmother are, and it is necessary to determine whether the grandmother was a co-adopter when the grandfather adopted the aunt and uncle, whether the step-parent-child relationship was formed with the aunt and uncle, and whether the grandmother and the father formed a step-parent-child relationship.

In this regard, it is recommended to give the cousin some compensation and strive for reconciliation, and the two parties can go to the court to make a mediation statement or ask the cousin to agree to do the notarization of inheritance.

Chen Beibei, the team of the Family Law Court.

If the grandparents do not have other legal heirs, it is relatively easy to handle the inheritance. But if there are other heirs, there will be a dispute over the grandmother's will to give the house to your father. Because your so-called grandfather's house should actually be the joint property of grandparents, after the death of grandpa, half of the property belongs to grandma, and the remaining half is grandpa's inheritance, which needs to be jointly inherited by the heirs who have the right to inherit in accordance with the provisions of Article 10 of the Inheritance Law, grandma is one, your father is one, and other children of grandparents have the right to inherit.

If this situation does exist, then the grandmother's practice of making a will to give the house to your father infringes on the legitimate rights and interests of other heirs, although the will is notarized, but it is partially valid, unless the other legal heirs expressly renounce the right of inheritance.

After solving the above problems, it is simple to go through the procedures for changing property rights, just take the house ownership certificate, grandma's will (or other proof materials of the legal heirs giving up the inheritance, etc.) to the notary office for inheritance notarization, and then go to the real estate management department to go through the property rights change procedures.

The house has not been changed to your father's name, so naturally it cannot be changed to your name. The most direct way is to ask your father to do a notarization of the house to you at the same time as the inheritance notarization, and then change the property rights of the house to your name at one time.

You can do this.

1. Notarization.

Your father's siblings and their children (except you) give up their share of the house.

2. Handle the transfer.

Bring the notarial deed and real estate certificate to the housing authority to go through the transfer procedures.

It is worth mentioning that in addition to paying a small part of the appraisal fee and handling fee, it almost does not cost any money when handling the transaction of inheritance, but the notarization costs a lot of money, and the specific amount can be consulted with the local notary office.

Hope it helps.

Since everyone agrees to give it to you, the most money-saving way is to handle the inheritance and transfer of the house according to the inheritance of the house property, and the method is as follows;

1. Issue your grandfather's "Death Certificate" and "Certificate of Immediate Family Relationship between the Deceased and the Heir", and the first-order heirs and second-order heirs must be listed.

First-order heirs include the decedent's parents, spouse, and children.

Second-order heirs include; Grandparents, grandchildren, grandchildren.

You belong to the second line of succession.

2. The first-order heir of the house property right and the second-order heir of the house property right shall bring the "ID card", "household registration booklet", "real estate certificate", "death certificate" and "certificate of immediate family relationship between the decedent and the heir" to the notary office where the house is located to handle the notarization of the inheritance of the house property right.

Note: (If the heir dies before the decedent, a "Death Certificate" must be issued, and if the inheritance is renounced, the "Waiver of Inheritance of Housing Property Rights" notarized by the notary office shall be provided, and if the notary office cannot be notarized, the "Power of Attorney for the Inheritance of Housing Property Rights" notarized by the notary office shall be provided to entrust others. ）

3. The heirs in the first order of the house property rights all renounce the inheritance rights of the house property rights and sign the "Waiver of the Inheritance Rights of the House Property Rights".

The heirs in the second order of the house property rights all renounce the inheritance rights of the house property rights and sign the "Waiver of the Inheritance Rights of the House Property Rights". You alone inherit the property.

The notary office shall issue the "Notarial Certificate of Inheritance of Housing Property Rights".

4. You should take the "Notarial Certificate of Inheritance of Housing Property Rights", "Real Estate Certificate", "ID Card" and "Household Booklet" to the housing property registration department where the house is located to handle the inheritance and transfer of housing property rights, and transfer the property rights of the house to your name.

5. The fees are as follows:

Notary fee: 2% of the room price.

Housing property registration fee: 80 yuan.

This must also be done according to the law of inheritance in order to comply with the legal procedure.

First of all, you are not an heir and are not eligible to inherit the house, you can only do it in the form of a gift and go to a notary public for notarization.

Now it is not clear whose name is on the title deed. It is not said whether all the ways are jointly owned or exclusive.

If you want to do the transfer, you and your father first go to the notary office to notarize. Bring your ID card, household registration book, real estate certificate, and death certificate to ask the notary if you can transfer the ownership. If you still have grandparents, it's going to be difficult.

1. If you don't have grandparents, you only need to promise to give up your inheritance right and do an inheritance notarization, and the property owner is your father. 2. Or do a gift notarization plus an inheritance notarization to change the property owner to you. According to the second method, the gift tax must be paid at the time of transfer.

Follow the first method and do not have to pay taxes. A notary fee is payable for both methods. 60 yuan per square meter.

After the transfer of ownership, it is possible.

1. Only the mother's part is inherited. 2. The two ways are almost the same. 3. Remove your name to press the first set.

You're really verbose, the calculation is too clear, just hand it over according to the regulations.

First of all, look at whether the notarized will will dispose of all the real estate and inherit it from your parents. If only part of the disposal is to be disposed of, then it is necessary to settle the property that has not been disposed of. The notary office's explanation is not reasonable, the notarized will can be executed directly, is it a small place for you?

The validity of a notarized will does not need to be confirmed. Notarized wills have the strongest legal effect. Consult a local lawyer.

Bring the notarized will to the housing management department to handle the transfer and see what they say.

Code of Civil Procedure.

Article 238:Where one party fails to perform on a creditor's rights document to which the notary public has given compulsory enforcement effect in accordance with law, the other party may apply to the people's court with jurisdiction for enforcement, and the people's court receiving the application shall enforce it.

If there is a mistake in the notarized creditor's rights document, the people's court shall rule not to enforce it, and send the ruling to both parties and the notary public.

Article 16 of the Inheritance Law Citizens may make a will to dispose of their personal property in accordance with the provisions of this Law, and may appoint an executor.

A citizen may make a will to designate personal property to be inherited by one or more of the legal heirs.

Citizens may make a will to donate their personal property to persons other than the state, the collective, or the legal heirs.

Article 17 The notarized will shall be handled by the testator through a notary public.

The self-written will shall be written and signed by the testator, indicating the year, month and day.

A scrivener will shall be witnessed by two or more witnesses, one of whom shall write on behalf of the testator, indicating the year, month and day, and shall be signed by the scrivener, other witnesses and the testator.

A will made in the form of a recording shall be witnessed by two or more witnesses.

The testator may make an oral will in a critical situation. An oral will should be witnessed by two or more witnesses. After the critical situation is resolved, if the testator is able to make a will in written or recorded form, the oral will made is invalid.