Title issues for estates and conveyancing. Urgent...

First of all, let me correct that your grandfather is still alive, and this does not belong to inheritance, but to dispose of it.

Also, What does homeowner mean?

Next to your question.

Question 1: First, if the title deed is in your grandfather's name, and he is the only one, then theoretically he is the sole owner and can dispose of the property at will, including the transfer of ownership to your father (gift or sale). However, in practice, some places are worried about the joint property of the family, especially the joint property of the husband and wife, and sometimes the consent of the spouse or other family members is required, especially when there is a household registration in the house.

Second, if your uncle has evidence to prove that he has a share of the property (co-ownership or co-ownership by shares), then he can confirm his share through a title confirmation lawsuit. After the right is confirmed, his consent is required.

Question 2: Like the previous question, if your grandfather has evidence, he can ask the court to confirm that the previous modification is invalid through litigation. Then the house can be returned to your grandfather's hands.

If there is no evidence, then this house is still your uncle's. But the evidence is easy to find.

First of all, you should correct your view that the house owned by your grandfather is not currently under the category of inheritance, because inheritance refers to the property left by the deceased. Secondly, if your father acquired your grandfather's house by paying the equivalent price of the house, then the reason why your father obtained the ownership of the house is not a gift, because the ownership of the house belongs to your grandfather, and your grandfather's voluntary sale of the house owned by him is a manifestation of his exercise of his ownership of the property, and your grandfather has no right to interfere, so the reason that your grandfather needs his consent cannot be established; Thirdly, even if your grandfather's house was transferred to his own property without your grandfather's consent 10 years ago, but it has been 10 years since your grandfather has not raised any objections, from the factual point of view, it should be determined that your grandfather acquiesced in this matter, otherwise, your grandfather, as the head of the family, would have raised a different opinion and even taken legal measures to solve it. According to the law, the statute of limitations is 2 years, which has been more than many years, even if the statute of limitations has expired when the lawsuit is filed, the right to prevail has been lost.

It's all gone, what's there to fight about, whoever is registered is whoever's.

Before analyzing, to clarify the question of whether the house belongs to your grandfather or is shared by your grandfather and grandmother, from the information you provide, it is impossible to judge.

If the house is owned by your grandfather, then the gift is valid and your uncle cannot interfere.

If the house is jointly owned by your grandfather and grandmother, then the gift contract also needs to be agreed by your grandmother, and if your grandmother agrees to the gift, then your uncle cannot interfere.

For your uncle's house, the information you provided was too vague to judge.

Legal analysis: The transfer of the house inheritance must first see whether there is a will, if there is a will, you need to bring the will, death certificate, household registration book and my ID card to the housing management department to go through the transfer procedures directly; If there is no will, other relatives with the right of inheritance need to give up the right to inherit the house, and they must go to the notary public to handle the inheritance notarization, and then go to the housing management department of the district where the property is located to go through the transfer procedures with the notarial certificate, death certificate, real estate certificate, etc.

Legal basis: 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 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.

You can go to a notary office near the location of the property to handle the inheritance notarization, and then take the notarial deed to the local real estate department to go through the transfer procedures. If there is more than one heir, all heirs in the same order need to be present, and the local notary office can be consulted for details.

The cost is about 1-2% of the house price, and it can range from a few hundred to thousands. It depends on the specific situation of each place, and those who are willing to evaluate are calculated according to the assessment, if it is a commercial house, it is calculated according to the purchase **, and the average price estimate of non-commercial housing is generally seen. Sometimes some notaries will also ask for some fees for investigating the status of relatives, and some notaries are even said to be able to bargain.

The general process and required materials are as follows:

When applying for notarization of inheritance rights, the parties shall apply to the notary office at the place of household registration or the place where the main estate is located, if it involves the inheritance of immovable property; You should apply at the notary office where the immovable property is located.

The following supporting materials shall be provided at the time of application: (1) The identity certificate of the heir. Such as resident ID card, household registration booklet, etc.

2) Proof of property rights to the estate to which the inheritance is to be stood. Such as proof of house ownership, bank passbook, etc. (3) The death certificate of the decedent.

The certificate should be issued by the hospital at the time of the decedent's death or the public security police station at the place of the original household registration. If the heir is deceased, the death certificate of the heir should also be issued. (4) Proof of the decedent's kinship and proof of whether there is a person who depends on the decedent's livelihood.

For example, the social relationship certificate issued by the personnel department of the heir's unit. (5) If the heir entrusts relatives, friends or institutions to apply for notarization, he or she shall issue a power of attorney to the notary office. The power of attorney should generally be notarized by a notary public; The power of attorney from abroad must also be notarized by a notary public in the country where it is located and authenticated by the consulate of our country in that country.

After accepting the application of the parties, the notary office shall ask the parties about the specific circumstances of the inheritance and ascertain the following questions: (1) the name (including aliases), gender, date of birth, address before death, place and time of death of the decedent, etc.

2) The type, scope, quantity, etc. of the heritage. (3) The inheritance is the joint property of the husband and wife, or the property jointly owned by other persons, etc. (4) The family relationship of the deceased during his lifetime; Including the spouse, children, parents, siblings, etc., and whether there are people who rely on the decedent to live without other livelihoods**.

5) Whether any of the legal heirs is deceased. In the event of death, the immediate blood relatives of the legal heirs shall also be ascertained. (6) Whether the deceased made a will before his death.

7) Whether the deceased had creditor's rights and debts during his lifetime. (8) Whether there is a renunciation of inheritance rights among the heirs. The expression of renunciation of inheritance rights shall be in writing.

The notary public shall make a notarized document and seal it after being signed and approved by the person in charge of the notary office.

If you are the sole heir of the house and you live by yourself, you don't need to go through the registration and transfer process, which is a waste of money. If you want to ** this house, first go to the real estate transaction center to handle the transfer to yourself, and then sell it again again. Both times are subject to deed tax.

Just go to the real estate bureau to register the change of property.

Hello, in terms of the question you mentioned, the general steps are as follows:

Step 1: The deceased's heirs notarize the estate or settle the property through litigation.

Since the seller of the house, i.e., the property owner, has passed away, it is first necessary to determine the owner of the right to the house under the inheritance law, so it is necessary to carry out the inheritance formalities. Inheritance can be resolved by notarization or litigation.

In the case of notarization, a notary public is appointed to confirm the heirs of the property in the presence of all heirs and obtain a notarial deed. (The specific steps of notarization will be informed by the person at the notary office, and will not be repeated). Let's assume that the other party confirms that the property is inherited to A.

In the case of litigation, the heirs of the deceased go to the court and obtain a civil judgment or civil mediation document through court judgment or mediation. We also assume that a judgment or mediation confirms the inheritance of the property to A.

Step 2: A brings the notarial certificate (or civil judgment or civil mediation document) to the real estate transaction center to apply for a new real estate right certificate.

Since the real estate title certificate of the house is still in the name of the deceased, A needs to apply for a new property certificate of the house according to the notarial deed (or civil judgment or civil mediation document). After the new property certificate is processed, that is, the name of A is on the title certificate of the house, and the second step is completed.

Step 3: You sign the house sale contract with A and register the change of property rights.

Since the inheritance of the house has been completed and the name of A is on the title deed, you and A will sign the house sale and purchase contract, and go to the real estate transaction center to go through the property transfer procedures according to the contract. You pay for the room, and A assists in handling it. At this point, you have a second new property certificate with your name on it.

However, it should be reminded that since the house is acquired by inheritance, in addition to the normal taxes such as deed tax generated by normal transactions, 20% of the personal income tax may be involved.

There is nothing in itself wrong with adding this sentence to a notarial deed, it is in accordance with the law.

However, due to the regulations of the real estate trading center, it is still necessary to complete the work of the second and third steps above.

1. It must be transferred to the name of the heir before it can be transferred to your name. It is not possible to transfer the property directly from the deceased person's name.

2. Let them have the right to inherit, negotiate, go to the notary office to do the notarization of inheritance, and first transfer the house to the name of the heir.

First of all, it needs to be notarized Parents and siblings have the right to inherit If you want to transfer to your parents, you need others to renounce the inheritance The minimum standard of notary fee is 200 yuan, and 2% of the value of the property should be charged for this kind of property conversion. Since it is an inheritance, the cost of a real estate transaction is lower than that of a normal sale and purchase transaction.

It needs to be agreed upon by the heirs and transferred to the heirs' name before it can be sold. For specific details, please refer to the immovable property registration structure.

Measures for Housing Registration

Article 35 When the right holder transfers the ownership of the house or creates a mortgage on the house due to the effective legal documents of the people's court or the arbitration commission, the lawful construction of the house, inheritance or bequest, the right holder shall register the house in the name of the right holder, and then go through the registration of the transfer of house ownership or the establishment of the house mortgage.

Where the ownership of a house is obtained due to an effective legal document of the people's court or the arbitration commission, and the people's court requires the housing registration agency to register the notice of assistance in enforcement, the housing registration agency shall handle it. Where a housing registration authority registers a case, it shall record in the housing register the fact that it is registered on the basis of the legal documents in force of the people's court or arbitration commission.

Conveyancing can be done by inheritance:

1. Required materials:

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

2) To handle the transfer of real estate certificate to the district or city notary office (the original export of 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 documents 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 decedent and the legal heirs

4. The identity document of the heir is required to handle the transfer of the real estate certificate

Another information to be submitted for the notarization of inheritance rights with a will: the will made by the deceased (the will must be a notarized will, and other forms of wills are not accepted for the time being 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 Rights (Original), Notarized Certificate of Inheritance or Notarial Certificate of Will and Notarial Certificate of Acceptance of Bequest (Original) or Certificate of Deed Tax Payment (Original).

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

2. Expenses required for transfer:

1) Notary fee: 2% of the house price, 2) Appraisal fee: 2% of the house price.

3) Stamp duty: paid according to the appraised value of the house.

4) Land value-added tax: 1% of the house price.

5) Housing property registration fee: RMB.

Note: After the death of the elderly, the children can only transfer the property through inheritance, theoretically there is no time limit, but it is best to handle it as soon as possible, and it is necessary to pay attention to the fact that the house will pay 20% personal income tax within five years after the transfer.

It is necessary for the heirs to reach a consensus and apply to the Housing and Urban-Rural Development Bureau for transfer registration procedures, and the specific taxes and fees should be consulted and handled by the Housing and Urban-Rural Development Bureau.

Measures for Housing Registration

Article 32 In the event of any of the following circumstances, the parties concerned shall apply for registration of the transfer of ownership of the house after the relevant legal documents take effect or the facts occur:

4) Inheritance and bequest;

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.