My aunt has no children, I am her adopted son, and she passed away two years ago, leaving a property

Updated on society 2024-05-05
12 answers
  1. Anonymous users2024-02-09

    Based on empirical information.

    Real estate inheritance and transfer procedures:

    1. 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.

    2. 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.

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

    3. Go to the real estate transaction center to handle the materials required for real estate inheritance.

    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).

    4. Required Expenses:

    1. Inheritance notary feeThe inheritance notary fee shall be charged according to 2% of the appraisal price of the real estate inherited by the heir or 2% of the beneficiary amount, with a minimum of not less than 200 yuan.

    2. The total amount of real estate value appraisal fee grade (10,000 yuan) progressive billing rate The document is based on 1100 or less (including 100) 5 Beijing Price (Housing) Zi [1997] No. 419, 2101 or above, above and above, above and above.

    3. The real estate inheritance and transfer tax is composed of the contract stamp duty of the house appraisal price, the registration fee of 100 yuan, and the warrant stamp duty of 5 yuan.

    4. The legal heirs of the deed tax inherit the real estate and are exempt from paying the deed tax; Non-statutory heirs are required to pay deed tax if they inherit the ownership of the house according to the will.

    Precautions: 1. 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.

    2. 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 receiving window);

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

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

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

  2. Anonymous users2024-02-08

    You are his adopted son, have you gone to the civil affairs department to go through the formalities? If it has been done, it would be good to go through the legal inheritance.

  3. Anonymous users2024-02-07

    Summary. whether the stepdaughter has the right to inherit" and other relevant legal knowledge. To sum up, whether a stepchild has the right to inherit depends on whether there is a dependency relationship between the stepchild and the stepfather or stepmother.

    Before the old man died, he transferred the house to his biological daughter, did the stepdaughter have it?

    whether the stepdaughter has the right to inherit" and other relevant laws are knowledgeable. To sum up, whether a stepchild has the right to inherit depends on whether there is a maintenance relationship between the stepchild and the stepfather or stepmother.

    1. Whether the stepdaughter has the right to inherit the estate shall be inherited in the following order: first order: spouse, children, parents.

    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.

    If there is no heir in the first order of hail to inherit, the heir in the second order shall inherit. The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren. The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents.

    The term "brothers and sisters" in this Law includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a relationship of support. Whether a stepdaughter has the right to inherit depends on whether the stepdaughter has formed a dependency relationship with her stepfather or stepmother. If a dependency relationship is formed, there is the right of inheritance, otherwise there is no right of inheritance.

    1. The rights and obligations between stepparents and stepchildren who are raised and educated by them shall be applied to the rights and obligations between parents and children. That is, parents have the obligation to raise and educate their children, parents have the right and obligation to discipline and protect their minor children, and when minor children cause damage to the state, the collective, or other tenants, the parents have the obligation to compensate for economic losses, and at the same time, the children have the obligation to support and support their parents, and parents and children have the right to inherit each other's inheritance.

    2. Stepparents and stepchildren are born out of marriage, but there is no natural blood relationship, so they belong to in-laws. After the divorce of one's biological parents or the death of one of his or her biological parents, a person is his or her stepfather or stepmother as long as he remarries his or her biological father or mother, whether he or she is an adult or not, whether he or she is dependent on him or not, and whether the person is first married or remarried. If you marry a divorced or widowed person, the children born to the other party and your ex-husband or wife are your stepchildren, regardless of whether the children born to the other party and her ex-husband or wife are of age, whether they have formed a relationship of dependency with them, and whether they are married for the first time or remarried.

    Hope mine can help you!

    To sum up, the stepdaughter has the right to inherit the house.

  4. Anonymous users2024-02-06

    Summary. Hello dear, glad your question <>

    <>After my mother's death, the house was transferred to my name, and my nephew can sue my nephew for occupying it, and if the mother does not have a will, she will inherit according to the legal inheritance order stipulated in the Inheritance Law of the People's Republic of China. If the heir inherits the house and wants to sell it, he needs to go through the inheritance transfer first, and only after he has the real estate certificate in the name of the heir can he sell and transfer the house to others.

    What should I do if the house is transferred to my nephew after my mother dies.

    Hello dear, glad your question <>

    <>After my mother died, the house was transferred to my name, and my nephew can sue my nephew for occupancy Oh The estate belonging to the mother is determined, and if Hui Liangguo's mother does not have a will, she will inherit according to the legal inheritance order stipulated in the "Inheritance Law of the People's Republic of China". If the heir inherits the house and wants to sell it, he or she needs to go through the inheritance leakage transfer first, and only after having the real estate certificate with the heir's name in the circle can he sell the transfer to others.

    Legal basis<>

    Hee called envy Tong hee] <>

    Da Honghua: The "Measures for Housing Registration" stipulates that Article 35 When the right holder transfers the ownership of the house or creates a mortgage on the house, the house shall be registered in the name of the right holder after the right holder has been registered in the name of the right holder, and then the registration of the transfer of house ownership or the establishment of the house mortgage right shall be completed.

    Can I just change the door and go in?

    Yes, absolutely.

    What if he doesn't leave?

    Gather evidence to prosecute.

    What is valid evidence.

    They don't go and stamped the evidence.

    He just lives and plays scoundrels.

    You can upgrade the service and I'll show you how.

    If I entrust a lawyer, I don't show up, how much will it cost?

    It costs 5000 yuan.

    I only need 599 here

    How much is the legal fee, do you mean until he moves out?

    Yes, until the other party moves out.

    The legal fee for filing a lawsuit is around 100 yuan.

    You can purchase it if you need it.

  5. Anonymous users2024-02-05

    When an uncle dies, they are succeeded by a first-order heir: the other half, most likely the other half is not present or does not have the other half. It has been established that childlessness has been introduced.

    Mom and Dad, your grandparents, are most likely gone. In this way, there is no first-order heir. See if there is a second-order heir:

    Brother and sister, is there another uncle, is your mother here, is there an aunt, your uncle's grandparents, grandparents are very likely to be gone.

    If the above people include your mother, and it is your turn, it is called subrogation. It is the inheritance of your deceased mother. If your mother is alive and your mother inherits you, you cannot be subrogated.

    Although the nephew is a family member, he is not one of the executors of the uncle's will. In China's Civil Code, there are relevant provisions on property inheritance: Article 9 The heirs of the estate are equal.

    Article 10 Property shall be inherited in the following order: First order: the other half, children, and parents.

    Second preface: brother and sister, grandparents, grandparents.

    After the inheritance is gradual, 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. The children often referred to in this method include legitimate children, children born out of wedlock, adopted children, and dependent stepsons.

    The parents who are often referred to in this method include biological parents, adoptive parents, and dependent stepparents. The brothers and sisters often mentioned in this method include brothers and sisters with the same parents, half-brothers or half-brothers, adoptive brothers and sisters, and step-brothers and sisters who have a dependent relationship.

    If there is no suicide note, it will be distributed according to the will, if there is no suicide note, it will be inherited according to the property, it depends on whether your grandparents are still alive, whether you have an aunt, if they are still alive and belong to the first successor, you have no right to inherit, if they are gone, as the second successor, your mother can inherit, but your brother-in-law's other brothers and sisters also have the right to inherit, but as a nephew, you cannot inherit immediately.

  6. Anonymous users2024-02-04

    You can't inherit it, because it's up to your uncle to deal with this house, and if your uncle says let you bear it, then you can inherit it.

  7. Anonymous users2024-02-03

    The other person has no children, no spouse, no surviving parents, no siblings, in such a case, you have the right to inherit.

  8. Anonymous users2024-02-02

    If the uncle has no children, the estate will be inherited by his spouse, parents, or siblings, grandparents, or maternal grandparents in the absence of a will.

  9. Anonymous users2024-02-01

    The property in the name of the deceased uncle can be transferred to the nephew.

    The transfer of housing requires the owner to obtain the property right of the house, and have the real estate certificate, deed certificate, land certificate, housing loan repayment, and no mortgage.

    The above housing procedures are complete, and the housing transfer procedures can be handled. There can be a real estate certificate registrant, co-owner and income party, holding their respective ID cards, household registration book, marital status certificate, and the above three housing certificates, together with the housing management department to apply for the transfer procedures.

    The Measures for Housing Registration stipulate that:

    Article 4 Housing registration shall be handled by the housing registration agency where the house is located.

    Article 13. In the case of a co-owned house, the co-owners shall jointly apply for registration.

    The registration of a change in the ownership of a co-owned house may be applied for by the relevant co-owners, but if the application for housing registration is due to a change in the nature of the co-ownership or the share of the co-owners, the co-owners shall jointly apply for it.

    Article 32.

    In any of the following circumstances, the parties shall apply for registration of the transfer of housing ownership after the relevant legal documents take effect or the facts occur:

    a) Buying and selling; b) interchangeable;

    3) gifts; 4) Inheritance and bequest;

    5) The division or merger of houses leads to the transfer of ownership;

    6) Investing in shares with housing contributions;

    7) The division or merger of legal persons or other organizations leads to the transfer of ownership of houses;

    8) Other circumstances provided for by laws and regulations.

    Article 33.

    To apply for registration of the transfer of ownership of a house, the following materials shall be submitted:

    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.

  10. Anonymous users2024-01-31

    If your sister-in-law leaves a will, then according to the inheritance law, the heirs named in the will will inherit their entire estate.

    If there is no will, the property will be distributed according to the order of succession under the inheritance law.

    First order of succession: spouse, children, parents.

    Second order of succession: siblings, grandparents, maternal grandparents.

    According to the inheritance law, after the death of your sister-in-law, if the parents of your brother and sister-in-law are still alive, the old man will inherit all the property. If both husband and wife have an elderly person alive, the inheritance is divided equally.

    If the old people are gone, then there are no heirs in the first order of succession, and the order of the second succession is executed. The estate is inherited by the siblings of both spouses. That is, you and your sister-in-law's siblings jointly inherit their husband and wife's estate.

    If the nephew fulfills his responsibility to support the elderly, he can divide the property as appropriate. This needs to be negotiated by the heirs who have the right to inherit.

  11. Anonymous users2024-01-30

    When the old man died, a daughter also died, and the property was transferred to his wife. It shows that the old man died after his daughter. If the daughter has no children. Basically, the employment before the parasitism is lost, and there is no need to ask the son-in-law to sign.

  12. Anonymous users2024-01-29

    When the old man dies, the estate is inherited by his spouse's children, and if the daughter also dies, the transfer of the property is directly inherited by the spouse and has nothing to do with the son-in-law.

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