The person on the rural real estate certificate died, and now the name of the living person has to b

If the person on the real estate certificate dies and changes the name of the living person, you must bring the relevant certificate of death and the ID card of the party to the local real estate management department to go through the real estate inheritance procedures. The process may require the presence of persons with equal inheritance rights, such as siblings.

You have the right to inherit the property rights, and you have the right to inherit the notarized testament. If there is no certificate issued by the village committee, the township seal shall be registered with the county housing and urban-rural development department.

If the owner of the rural property is now dead, then his property will join his spouse and children to inherit, if there is a will, then you can directly bring the will to the local real estate bureau to transfer. If there is no will, can he join his spouse and his children to enjoy equal inheritance rights, they can bring their ID cards and household registration books, real estate certificates, and go to the local real estate bureau to transfer the property.

After the death of the homeowner, his property is put on by his will. It is enough to appoint only an heir to inherit, and if there is no will, then his spouse and children have equal inheritance rights and take him directly. The household registration book, real estate certificate and the ID card of the spouse and children can be transferred to the housing authority.

Then start the inheritance according to the inheritance law, first by the first-order heirs to start the inheritance, the first-order heirs are no longer inherited by the second-order heirs, won't the name be changed!

You have to consult with the rural real estate management department and ask them what to do, and it is useless to ask others!

If the person on the title deed died, there was no will, or evidence of who inherited the estate.

The person with the title deed died. He left a will. To whom? Whose name can not be transformed?

If the family has discussed and let one of the heirs inherit the house, then, all the first-order heirs go to the real estate registration center together to handle the renunciation, inheritance, and registration, and everyone must bring their ID cards, household registration books, and the death certificate of the deceased, sign various documents on the spot, and take photos on the spot, and after the publicity period, the heirs can re-apply for the real estate certificate.

Or, all the first-order heirs go to the notary office together, do the inheritance notarization, and then take the notarial certificate directly to the real estate registration center to do the inheritance registration, change the name of the real estate certificate, and that's it.

You need to go to your local housing authority to complete the change procedures. Materials required for the name change of real estate certificate: provide the ID cards, household registration book, and real estate certificate of both parties.

If the name is changed by inheriting the house, the heir needs to go through the notarization first, and then directly bring the real estate certificate, the ID card of the designated heir, and the notarial certificate to the real estate bureau to go through the transfer procedures.

The house change process is as follows:

1. Other family members on the same household registration book should go to the police station where the household registration is located to cancel the household registration with the death certificate, cremation certificate and household registration book of the original head of household;

2. After the household registration of the original owner of the household is cancelled, the new head of the household can be elected by other family members on the same household register;

3. Then the new household shall preside over his or her ID card, household registration book, and the written opinions of the adult members in the household and the property owner to apply for the change of the head of household.

Legal basisArticle 217 of the Civil Code of the People's Republic of China.

The certificate of ownership of the immovable property is the proof that the right holder enjoys the right to the immovable property. The matters recorded in the certificate of ownership of immovable property in the register shall be consistent with the immovable property register; In the event of inconsistencies in the records, the immovable property register shall prevail unless there is evidence to prove that there is an error in the immovable property register.

Article 5 of the Regulations of the People's Republic of China on Household Registration.

Household registration is on a per-household basis. Where they reside together with the person in charge, they shall be established as one household, and the person in charge shall be the head of the household. If you live alone, you will be the head of your own household.

Households residing in government agencies, organizations, schools, enterprises, institutions, and other units and public dormitories are established together or separately. The head of the household shall be responsible for filing the household registration in accordance with the provisions of this Regulation.

1. The method of changing the name of the real estate certificate is a gift: It is also necessary to look at the buyer's payment method: one-time payment or bank loan real estate certificate to the name of the one-time payment, pay the deposit first, and then both parties go to the housing authority to handle the transfer, and at the same time the buyer will put the remaining house payment in the bank for supervision, and finally after the transfer, the buyer goes to the housing authority to get the new house book (his own name), and the seller goes to the bank to withdraw money.

2. The second method of changing the name of the real estate certificate is to buy and sell: you need to go to the notary office to handle the notarization of the gift, and then bring the following materials to the real estate trading center of the district Dan nationality Liang to which you belong: the original real estate registration application; Original and photocopy of the identity certificate of the parties; Power of attorney; real estate warrants; Original; floor plan of the house; cadastral map; Original deed tax certificate; Notarized original gift letter or gift contract; Precautions for removing the name from the title deed.

Article 209 of the Civil Code The creation, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with the Model Transportation Law; Without registration, it shall not take effect, except as otherwise provided by law. The ownership of natural resources that belong to the State in accordance with the law may not be registered.

1. Is the real estate certificate still valid if the head of the rural real estate certificate dies?

1. If a rural house has a real estate certificate, and the real estate certificate is still valid after the death of the head of the house, the house can be transferred and registered after the house is inherited by the heirs.

2. Legal provisions: Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property

Article 38 Those who apply for registration of the right to use State-owned construction land and the transfer of ownership of houses shall, according to different circumstances, submit the following materials:

1) Certificate of ownership of immovable property;

2) Contracts of sale, exchange, and gift;

3) Materials inherited or bequeathed;

4) Split or merger agreements;

5) Legal documents effective by the people's courts or arbitration commissions;

6) The approval documents of the people's ** 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 of the lack of burial.

Civil Code of the People's Republic of China

Article 1122: [Definition of Inheritance]An inheritance is the lawful property of an individual left behind by a natural person upon his or her death.

An inheritance that cannot be inherited in accordance with the law or by its nature shall not be inherited.

2. What procedures are required for the inheritance of rural houses?

To go to the notary office where the inherited property is located to handle the notarization of real estate inheritance, the applicant shall provide the following information:

1) The death certificate of the decedent (such as the death notice of the hospital, the certificate of ashes, the cremation certificate, etc.), the ID card, the household registration book (cancellation of the household registration), etc.;

2) Proof of property left by the deceased, such as real estate certificate, deposit certificate, **, etc. If the estate is in Hong Kong, an inventory of the estate issued by the Estate Duty Office of Hong Kong must be provided;

3) The heir's ID card, household registration booklet, marriage certificate;

4) Proof of kinship;

5) If the heir cannot go to the notary office in person due to special circumstances, he or she must provide a notarized power of attorney;

6) Other supporting materials that the notary deems necessary to provide.

The above knowledge is my answer to the relevant legal questions, if the rural house has a real estate certificate, after the death of the head of the house owner, the real estate certificate is still valid, and the house can be registered after being inherited by the heirs.

The transfer of the title deed is a very common situation in practice, but how to handle the transfer of the title deed after the death of the head of the household? In fact, this issue is not clear in the eyes of many people, and it is also a relatively important legal common sense, so everyone must figure it out. Below I have compiled the following answers for you, I hope it will be helpful to you.

What should I do if the head of the household dies?

1. To go through the procedures for the transfer of the real estate certificate, you must go to the police station where the decedent's household registration is located to cancel the household registration and apply for a death certificate;

Second, to handle the real estate certificate transfer procedures to the district or city notary office (the original export commercial housing to the city notary office) for inheritance notarization, real estate inheritance is divided into two kinds: one is testamentary inheritance, 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. For 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 Testament 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.

A new house generally refers to a first-hand house, and the taxes and fees that need to be paid are:

1. Deed tax: 1% for a house purchase of less than 90 square meters, 3% for more than 90-144 square meters; The second home purchase is 3%, regardless of the face.

2. Maintenance: refers to the overhaul, renewal and transformation of the common parts of the residence and the common facilities and equipment established after the expiration of the warranty period for commercial housing and public housing.

3. Registration fee: The fee standard is divided into housing and non-housing. The fee for housing registration is 80 yuan per piece; The registration fee for non-residential housing is 550 yuan per piece.

4. Stamp duty is a type of tax collected on contracts or vouchers with a contractual nature, property rights transfer documents, business account books, rights, licenses and other vouchers determined by the Ministry of Finance for taxation.

After reading the above introduction, everyone knows that this situation will also occur in many families, so it is necessary to go through the house transfer procedures according to the relevant regulations. At this time, it is all handled through inheritance, and everyone should do more relevant understanding.

After the death of the head of the household, the transfer of ownership shall be carried out in accordance with the following steps: 1. Housing appraisal: the market value of the house will be valued by the appraisal company; 2. Inheritance notarization:

The heirs of the real estate shall bring the death certificate, the list of legal heirs, and the will to the notary office where the house is located to handle the inheritance notarization; 3. Housing surveying and mapping: Before Kochi Takashi goes through the property rights registration, the heirs 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. Inheritance registration: The heir of the real estate should bring the real estate certificate, inheritance notarial certificate, housing surveying and mapping and other certificates to the real estate trading center to apply for inheritance registration procedures.

Fill in the "Request for Real Estate Property Rights Registration", receive the receipt, and wait for all the information to be reviewed and approved, before you can obtain the real estate certificate. Article 17 of the Rules of Notary Procedure, Article 18 of the Rules of Procedure for Notarization, Article 61 of the Law of the People's Republic of China on the Administration of Urban Real Estate, and Article 38 of the Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property.