What are the procedures for inheriting a house? What procedures are required for the inheritance of

You can go to the relocation office and ask if you can do it directly under your grandson's name, which is the most trouble-free and should be available. However, if it is not possible, it can also be transferred in the name of the grandmother, but it cannot be inherited from the name of the grandmother, because only the deceased can be inherited, and the inheritance must be given up by the person with the right to inherit, so it is necessary to seek the consent of the uncle, uncle and aunt.

Or you can use your grandmother's name to get the title deed, and then your grandmother will write a will, and three people who are not related to each other can be present to prove it or a lawyer to be present to prove it.

Article 5 of the Inheritance Law states that after the commencement of inheritance, it shall be handled in accordance with the statutory inheritance; 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.

If your grandfather did not have a will during his lifetime, he should undergo legal succession and be jointly inherited by his spouse, children and parents in the first order.

You can go to the notary office to apply for the inheritance certificate, and the others give it up, and your grandmother will inherit it, and the house can be transferred to your grandmother's name after the inheritance, and then your grandmother can dispose of the property herself.

Article 26 of the Inheritance Law stipulates that, unless otherwise agreed, if the property jointly owned by the husband and wife acquired during the marriage relationship is divided, half of the jointly owned property shall be divided into the spouse's property and the rest shall be the inheritance of the decedent. ）

Legal analysis: The procedures generally required for the transfer of house inheritance include: 1. The heir submits the transfer information to the real estate registration department; 2. The real estate registration department shall conduct an audit, and after the audit is passed, the taxes and fees such as stamp base cover tax and deed tax that need to be paid shall be approved; 3. After the heir pays the taxes and fees to the tax authorities, the payment voucher shall be submitted to the real estate registration department for review; 4. The real estate registration department issues a new real estate title certificate to the heir.

Legal basis: Article 1145 of the Civil Code of the People's Republic of China After the commencement of inheritance, the executor of the will shall be the administrator of the estate; If there is no executor, the heirs shall promptly elect the estate administrator; if the heirs are not elected, the heirs shall jointly serve as the administrators of the estate; If there are no heirs or the heirs have renounced the inheritance, the civil affairs department of the decedent's former residence or the Tuhao Villagers' Committee shall serve as the administrator of the estate.

Legal Analysis: Steps of Real Estate Inheritance Procedures: 1. Housing Appraisal. 2. Inheritance notarization. 3. Housing surveying and mapping. 4. Inheritance registration.

Legal basis: The Civil Code of the People's Republic of China

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.

Article 1127 Inheritance shall be in the following order: (1) first order: spouse, children, parents; (2) Second order:

Siblings, grandparents, maternal grandparents. After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do 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. The term "brothers and sisters" as used in this Part includes brothers and sisters of the same parents, half-brothers and sisters, adoptive brothers and sisters, and step-brothers and sisters who have a relationship of support.

Procedures for inheriting the house: 1. The formalities must be cancelled at the police station where the decedent's household registration is located, and a death certificate must be issued; 2. Go to the district or city notary office (formerly the municipal notary office for export commercial housing) to handle the notarization of inheritance rights, and there are two kinds of real estate inheritance: one is testamentary inheritance, and the other is statutory inheritance.

The materials to be submitted are: 1. Death certificate of the decedent; 2. The property right certificate or other certificate of the house; 3. Household registration book or other documents that can prove the kinship between the decedent and the legal heir; 4. The identity card of the heir; There is a testament of the inheritance notarization of the other information to be submitted: the will made by the decedent (the will must be a notarized will, other forms of wills are not allowed because their authenticity cannot be determined).

3. To handle the registration of house transfer, the applicant is the heir or legatee. The applicant shall submit the following documents to the registration authority: Application for Real Estate Registration (Original), Identity Certificate (Copy), Certificate of Real Estate Ownership (Original), Notarized Document of Inheritance or Will and Notarized Certificate of Acceptance of Bequest (Original) Deed Tax Payment Certificate (Original).

4. Bequests are different from statutory succession and testamentary succession, and they need to pay taxes. Legal basis: Article 5 of the Inheritance Law stipulates that after the commencement of inheritance, it shall be handled in accordance with the statutory inheritance; 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 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 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.

Article 1122 of the Civil Code of the People's Republic of China An inheritance is the lawful property of an individual left behind by a natural person upon his death. An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited. 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 inheritance; 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 property inheritance procedure is as follows:

1. The formalities must be cancelled at the police station where the decedent's household registration is located, and the death certificate must be processed;

2. Go to the district or municipal notary office to handle the notarization of inheritance rights;

3. Handle the registration of housing transfer;

4. Bequests are different from statutory succession and testamentary succession, and they need to pay taxes.

2. How to transfer the parents' house to their children.

There are three ways for parents to transfer property to their children:

1. Transfer in the form of transfer, that is, transfer in the form of ** in accordance with the transaction procedures;

2. Transfer of ownership by way of gift, including notarization of gift, housing appraisal and evaluation, and transfer of ownership;

3. Transfer of ownership through inheritance, but this situation needs to occur in the case of the death of one of the parents, which is not common. For the transfer of real estate, a written transfer contract shall be signed, and the contract shall specify the method of obtaining the land use right.

The process of selling real estate:

Parents bring "ID Card", "Household Booklet", "Marriage Certificate", "House Ownership Certificate" and children bring "ID Card", "Hukou Booklet" and "Marriage Certificate" to the local housing property registration department to go through the procedures for the transfer of housing property rights, and transfer the property rights of the house to the names of the children.

Gift process and fees:

1. Gift process:

1) The donee submits the qualification review for the purchase of the house;

2) The two parties sign a gift agreement;

3) Both parties go to the notary office to do notarization (there is no need to be impartial in a household register);

4) Both parties take the notarial certificate of their relatives to the Construction Committee to pay taxes and handle the registration of property rights transfer.

2. Gift fee:

1) The gift tax between immediate family members is only 3% of the deed tax;

2) Notary fees for the gift of real estate between non-immediate family members:

The building purchased at cost price is 60 yuan per square meter, and the bungalow is 40 yuan per square meter, and the commercial house is charged at 2% of the appraised price (if there is no appraised value, it is calculated based on the average ** of the area).

3) The cost of handling the gift is 80 yuan, regardless of whether it is an immediate family member or not.

Article 1123 of the Civil Code of the People's Republic of China After the commencement of succession, 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.

If you want to inherit the property, you need to go through the following process: the heir goes to the neighborhood committee to issue a legal heir certificate, and to the police station to issue a death certificate; Go to the district or municipal notary office to handle the notarization of inheritance rights, and go to the real estate surveying and mapping department to go through the procedures of surveying and mapping or transferring the area of the house; Hold the real estate ownership certificate, inheritance notarial certificate, housing surveying and mapping and other certificates to the real estate transaction center to apply for inheritance registration, go to the resident tax office for tax verification, and replace the new property certificate after receiving the tax payment certificate.

[Legal basis].

Article 14 of the Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property.

Where a party applies for registration of immovable property acquired by inheritance or bequest, it shall submit death certificates, wills or agreements of all legal heirs on the distribution of immovable property, and materials on kinship with the decedent, and may also submit notarized materials or effective legal documents.

Article 211 of the Civil Code carries 10 articles.

The registration of immovable property shall be handled by the registration machine 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 inheritance; 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.

1. Go to the police station to issue the death certificate of the deceased;

2. Go to the notary office to handle the notarization of real estate inheritance; Slag byside.

3. Bring all the house ownership certificate, inheritance notarial certificate, heir ID card and copy and other materials to the real estate transaction center to go through the real estate inheritance procedures;

4. Pay the corresponding taxes and fees.

[Legal Basis].Article 214 of the Civil Code of the People's Republic of China.

Where the creation, alteration, transfer or extinction of immovable property rights shall be registered in accordance with the provisions of law, they shall take effect when they are recorded in the immovable property register.

Article 216.

The immovable property register is the basis for the ownership and content of property rights.

The immovable property register is managed by the registration authority.