How to inherit a house without title deeds

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. Since this type of housing has a strong policy, whether it can be inherited mainly depends on the policy regulations.

2. There is only the right to use, but the house that can be inherited, there are some central production houses, military production houses, etc. can not 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.

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

Article 1122 of the Civil Code of the People's Republic of China [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.

What documents are required for the transfer of the property after death

1. Go to the police station to issue a death certificate for the deceased.

2. The property right certificate or other certificate of the house.

3. Go to the deceased's unit (or neighborhood committee or village committee) to issue a legal heir certificate. The content mainly includes the names of the deceased's spouse, parents, children, and whether the deceased's parents have passed away.

4. If there is more than one legal heir, and the property is transferred to only one of them, the written consent of the other person is required to renounce the inheritance of the property.

5. The identity document of the heir.

Go to the real estate transaction center to handle the procedures and fees for real estate inheritance, and the information to be submitted for real estate inheritance:

6. Certificate of house ownership.

7. Inheritance notarization.

8. ID card and copy of the heir.

9. Application for house ownership registration (received at the reception window).

How can you prove that this house belongs to your father without a title deed? You can only go to court to litigate.

Answer: The notary office means to analyze the property first.

The legal basis is the Property Law of the People's Republic of China

Article 29 Where a real right is acquired by inheritance or bequest, it shall take effect from the beginning of the inheritance or bequest.

Article 31: Where a person enjoys a real estate right in accordance with the provisions of Articles 28 to 30 of this Law, when disposing of the real right, it is necessary to go through registration in accordance with the provisions of law, and the real right does not take effect without registration. After the death of your grandfather, the property is inherited by your father and aunt, and the specific registration procedures are handled by the Housing and Urban-Rural Development Bureau.

The legal basis is the Property Law of the People's Republic of China

Article 29 Where a real right is acquired by inheritance or bequest, it shall take effect from the beginning of the inheritance or bequest.

Article 31: Where a person enjoys a real estate right in accordance with the provisions of Articles 28 to 30 of this Law, when disposing of the real right, it is necessary to go through registration in accordance with the provisions of law, and the real right does not take effect without registration.

Measures for Housing Registration

Article 33 The following materials shall be submitted to apply for registration of the transfer of ownership of houses:

1) Application for registration;

2) Proof of the applicant's identity;

3) Certificate of ownership of the house or certificate of real estate rights;

4) Materials proving the transfer of ownership of the house;

5) Other necessary materials.

The materials in item (4) of the preceding paragraph may be sales contracts, exchange contracts, gift contracts, bequest certificates, inheritance certificates, division agreements, merger agreements, legal documents effective by the people's courts or arbitration commissions, or other materials proving the transfer of ownership of the house.

Legal analysis: A house without a real estate certificate cannot be inherited for the ownership of the house, and only after the death of the deceased can the children obtain the ownership of the house.

Legal basis: According to Article 230 of the Civil Code, if a real right is acquired by inheritance or bequest, it shall take effect from the beginning of the inheritance or bequest. According to Article 1121 of the Civil Code, inheritance begins at the time of 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.

Note: The Civil Code came into force on January 1, 2021.