Housing inheritance and transfer questions, about real estate inheritance and transfer issues

I see that your statement is that grandparents are alive now, right, I'll follow this first. ）

First of all, what is the reason for not applying for the title deed, that is, whether the house in the housing authority is written in the name of your grandparents. Only if your grandparents' names are written can they become their property and be treated as an inheritance in the future.

If yes, it's OK to make up a real estate deed.

If it's not their name, then you have to deal with this historical legacy first, and if it's second-hand, then find someone to transfer the ownership. If it is something else, also bring the relevant information to the housing authority to ask, in short, you must first Ctrip the name of the grandparents.

Don't transfer first, because now the transfer must be a sale or a gift, both of which will incur taxes, and in terms of cost, inheritance is currently the cheapest change in property rights.

Then there's the issue of inheritance.

If your grandparents write a will, then they want to give it to whomever they want. The way of the will is to write the will, of course, the notarized will has the highest effect, if the two old people are still moving, and are willing to pay a few small money to buy Qingjing, you can go to the notary office to write a will. If you are not happy, it is OK to write it yourself, just write it yourself, sign it by hand, and if you are happy, you can find a witness, or go to a lawyer to witness.

If you don't write a will, according to the legal inheritance, then it is your eldest aunt, your little aunt and you 3 people who inherit the estate of your grandparents (you inherit by subrogation instead of your father).

On the issue of inheritance and transfer of real estate.

1. In this case, the house registration and transfer procedures shall be completed after inheritance;

2. The house purchased during the marriage and registered in the name of one party shall be the joint property of the husband and wife;

3. In the event of the death of one party, when inheriting the property, the joint property shall be divided first, and the other half shall belong to the inheritance for inheritance;

4. If the decedent dies and there is no testamentary gift, it shall be inherited according to the statutory law, and the heirs in the first order shall inherit first, including the spouse, children and parents of the decedent;

5. The legal heirs belong to the co-owners of the house.

If you make a will to give you the house, then you can inherit the house completely, and if you don't make a will, then your two aunts have the right to inherit.

There are two types of inheritance inheritance at the municipal notary office: one is testamentary inheritance, and the other is statutory inheritance. The materials that need to be submitted are:

1. Death certificate of the decedent;

2. The property right certificate or other vouchers of the house are required for the transfer of the real estate certificate;

3. Household registration book or other documents that can prove the kinship between the deceased and the legal heir;

4. The identity document of the heir is required to handle the transfer procedures of the real estate certificate; Other materials to be submitted for notarization of inheritance rights with a will: the will made by the decedent (the will must be a notarized will, and 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), Certificate of Identity (Copy), Certificate of Real Estate Right (Original), Notarized Certificate of Inheritance or Notarial Certificate of Will and Notarial 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.

2. What problems need to be paid attention to when handling the inheritance and transfer of housing property rights?

1) Many property heirs do not have the concept of inheritance when they do not dispose of the property, and the property right certificate is that of the grandfather or grandmother, and they do not know the need for inheritance until the grandchildren sell the house and transfer the property. Such succession should go first to the father's generation, and all the father's sisters and brothers should be present. In general, the family has previously divided the property internally, so that the other children should give up the inheritance and the actual occupant (distribution) of the house will inherit the inheritance.

2) If the owner of the house has many children and the actual occupant of the house dies, the spouse and children of the actual occupant of the house shall inherit the inheritance on behalf of the other children after the other children give up the inheritance.

3) In the event of the death of the property owner, his spouse and children shall jointly inherit the property. For the convenience of the transaction, either spouse and children may relinquish their property rights and be inherited by one person. In the above three cases, after obtaining the notarial certificate of inheritance, the transaction can only be carried out after the certificate is renewed by the property rights management department.

4) In the event of the death of the co-owner, the property owner (his spouse) and children shall inherit jointly. In this case, after the inheritance notarization, the transaction can be carried out without replacing the certificate. In reality, there are most cases of "stuck" in the transfer process, and the property owner often asks for the transfer on the grounds that the property rights and names are his own and does not need to seek the opinions of others, ignoring the objective fact that the property rights are shared.

Of course, there are also cases where a widowed house is purchased, and in this case, it is necessary to dispose of the property (prove the purchase after widowhood) before the transaction can be transferred.

First analyze the current ownership of the house:

If the father has a 50% share of the house and is deceased, if he does not leave a will, it shall be handled in accordance with the legal inheritance, and if the father's parents are still alive, the 50% share of the house shall be divided equally among the father's parents, spouse and only child; If the father's parents are gone, the mother and the only daughter each inherit 25% of the property.

At present, if the only daughter becomes the property owner, all other heirs can sign a commitment to renounce the inheritance when the inheritance is notarized, and 50% of the father's property rights can be inherited by the only daughter; The other 50% of the mother's share can only be transferred to the daughter by way of sale or gift.

At present, in the actual operation of Shanghai, both gifts and legal inheritance need to be appraised and notarized first, and the notary fee is charged at 2% of the appraisal price of the house, and then the notarial certificate is taken to the trading center to handle the transfer, and 3% of the deed tax and some small taxes and fees are paid. In the case of buying and selling, the tax shall be paid according to the normal trading method.

This can be done in two parts: your father's part of the property can only be acquired by inheritance; Your mother's part of the property can be transferred through a transaction. Personally, it is recommended not to use the gift transfer, and the transfer of the gift cannot be carried out without notarization.

Inheritance notarization, gift and re-transaction tax, and notarization are all needed for inheritance notarization, and it doesn't cost much.

The inheritance of a house means that after the death of the decedent, the property belongs to the decedent's testamentary heirs or legal heirs. Therefore, only the decedent's house can be inherited if it has legal property rights. When an inheritance occurs, if there are multiple heirs, the property should be divided in accordance with the will and relevant legal provisions.

1. Procedures for inheritance of real estate.

The inheritance of real estate should first go to the notary office of the inherited real estate to handle the notarization of real estate inheritance, and then go to the real estate transaction center to go through the real estate inheritance procedures.

1) Notarization of inheritance.

Inheritance notarization requires two certificates and two certificates.

1. Go to the police station to which the decedent belongs to issue the decedent's death certificate;

2. Go to the deceased's unit (or neighborhood committee or village committee) to issue a certificate of heirs;

3. Proof of identity of the heir;

4. The inherited real estate certificate or other supporting documents.

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 will made by the deceased before his death (in the case of testamentary succession).

1. Certificate of house ownership;

2. Inheritance notarization;

3. ID card and copy of the heir;

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

Note: a. If the housing is renovated and the affordable housing is inherited, it is also necessary to provide the "Review Form for Housing Reform and Sale" and the "Application and Approval Form for the Listing and Transaction of the Purchased Housing" (to be collected at the reception window);

b. If the heir cannot handle it in person, the power of attorney or notarial certificate and the trustee's ID card and copy shall be submitted;

c. If the court judgment is made, the court judgment and the notice of assistance in enforcement shall be submitted;

d. If the heir is a minor, the original and copy of the guardian's ID card must be submitted.

c) Required expenses.

1. Inheritance notary fee.

The inheritance notary fee is charged at 2% of the appraised value of the real estate inherited by the heir or 2% of the beneficiary amount, with a minimum of not less than 200 yuan.

2. Real estate value appraisal fee (subject to flat estimate).

3. Taxes and fees for inheritance and transfer of real estate.

It consists of a contract stamp duty on the appraised value of the house, a registration fee of $100, and a warrant stamp duty of $5.

4. Deed tax. Legal heirs inherit real estate and are exempt from deed tax; If the non-statutory heir inherits the ownership of the house according to the will, he or she needs to pay the deed tax.

It takes about 3-5 months.

The inheritance of the house needs to be notarized first, and all heirs go to the notary office, even if other heirs renounce the inheritance, they also need to make a written statement of renunciation of inheritance in the notary.

If your father does not have a will, the heirs, including your mother, your grandparents, and your siblings, all need to go to the notary office to make a declaration of renunciation of inheritance, and if the heir dies, you need to issue a death certificate at the police station of the place of residence.

The notarization of supporting documents will be given to you in a standard format.

The transfer fee is calculated by multiplying 2% of the local ** standard house price by the area of the property on your real estate certificate, and take the notarial deed, real estate certificate, and household registration book to the real estate hall of the county where your house is located to handle the transfer, and the cost is the cost of the new real estate certificate and stamp duty.

You have to go to the notary office with all the heirs to do a notarization to prove that they have all renounced the inheritance, and you take the notarial deed and the real estate deed.

ID card and other procedures required for the transfer of ownership can go to the trading floor of the Construction Committee to transfer the ownership. Specifically, you go directly to the transfer hall, where there is a person in charge of consulting.

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 grandmother'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.

You need to apply for the inheritance to be inherited in the name of your children, and then gift it to you. Go to the notary office to handle the notarization, and then take the notarial deed to the housing authority to transfer the ownership.

1. There are three of you brothers and your mother who have the right to inherit this house.

2. If they all agree to put the property in your name, then first go to the notary office to apply for a notarization, notarize that your mother and your brother voluntarily renounce the inheritance of the house and the house is inherited by you, and then go to the police station to issue a death certificate of your father.

3. Bring your mother and your brother and your own ID card, household registration booklet, real estate certificate, land certificate, your father's death certificate, certificate of kinship between the decedent and the heir, notarial deed, etc. to the land management department and the real estate management department to go through the inheritance procedures and sign the relevant documents.

4. As for the cost, there may be differences in each place, but the cost of handling this business is still relatively economical, and it is recommended that you go to the local housing management department to consult more specifically. Hope it helps!

Then issue another death certificate for your mother, and the notary office will only ask your brother to renounce the inheritance, and the house will be inherited by you, and everything else will be the same.

You can call ** to your local municipal service for advice.