The property is my father s inheritance, can I sell it directly? How to handle it?

The transfer of inherited real estate ** first needs to be in the name of the heir of the transfer, and it can be transferred to the buyer, but not directly to the buyer.

1. Inheritance procedures.

1. Go to the notary office to notarize the inheritance of real estate.

2. Go to the real estate transaction center to go through the real estate inheritance procedures.

2. The materials required for inheritance notarization.

1 Death certificate of the decedent.

2 Proof of identity of the heirs.

3. The inherited title deed or other supporting documents.

If there is more than one legal heir and the property is transferred to only one of them, a letter from the other person is required.

Agree, renunciating the inheritance of the property.

4. A will made by the deceased during his lifetime (in the case of testamentary succession).

5. Notary fee: 1% for half inheritance; 2% of all inheritances.

3. Documents to be submitted for transfer registration.

1. Application form for transfer of housing ownership;

2. Applicant's identity certificate and marital status certificate (check the original and receive a photocopy);

3. Certificate of ownership of the house;

4. Notarial certificate of inheritance right (if there is a notarial certificate of will, it is still necessary to go to the original notary office to notarize the inheritance right);

5 Pictures of house ownership certificates.

4. Tax items.

Registration fee, transaction fee, drawing fee, stamp duty on warrants.

Conveyancing and Transfer.

Stipulation: The buyer and seller of real estate put into use shall sign a real estate sales contract, and the contract text can use the model text formulated by the Housing and Land Management Bureau, or the self-made contract. If a self-made contract is used, the parties shall entrust a legal service agency recognized by the Municipal Real Estate Bureau to conduct a pre-examination before applying for the transfer, and the legal service agency shall submit a pre-examination qualification opinion on the self-made contract that meets the requirements.

After the municipal, district and county real estate transaction management agency accepts the transfer application, it shall review the application and transfer materials provided by the buyer and the seller, and the review content is as follows:

1. Whether the materials provided by the parties are legal and valid;

2. Whether the content of the application form is consistent and correct with the materials provided;

3. Whether the ownership of the real estate is clear, whether there are any ownership disputes or unclear other rights, and whether it falls within the scope of the "Measures for the Transfer of Real Estate";

4. Whether the transferee can transfer the real estate in accordance with the regulations;

5. Whether the real estate to be bought and sold has been mortgaged;

6. Whether the lessee waives the right of first refusal in the purchase and sale of leased real estate;

7. Whether the co-owners waive the right of first refusal in the purchase and sale of jointly owned real estate;

8. Other contents that the real estate transaction management agency believes should be reviewed.

Materials required for the transfer of second-hand housing.

The materials that need to be provided for the transfer mainly include: the house ownership certificate, the identity certificate of the buyer and the seller, the marital status certificate of the first party to the house, the house verification certificate, the sales contract and other information that the housing registration agency deems necessary.

It can be sold or transferred. If it is in the name of your father on the real estate certificate, then you will have to pay %10% property tax for the transfer, and if it is in the name of your father and mother, you will pay %10% if one of them is not there. If it's 2 digits, they're gone.

You have to pay %20 of the separation. After handing over the property, the normal transfer will be counted!

Since it is an inheritance, it needs to be transferred to the name of the heir before it can be bought and sold by the heir.

No. Whoever is in the title deed is whomever is in his name. Is your mother still alive?

If you are still alive, bring your mother, your mother's ID card, household registration book, real estate certificate, land use certificate, marriage certificate, and father's death certificate to the local housing authority for changes. If the mother is absent and there is no father's will, the children will share the father's share of the house, and all the children need to agree to sign and confirm the sale of the house before the transfer can be made.

It's best to have proof of inheritance, and if not, ask your siblings to be present.

Is the mother alive? Did the father make a will? Do you have more than one sibling?

The property to be inherited can only be sold after the heirs have completed the transfer procedures. The law clearly stipulates that if the heir inherits the house in accordance with the law and has gone through the transfer registration procedures for the inherited house, then the heir will obtain the ownership of the house in accordance with the law, and the heir who is the owner of the house can buy and sell the inherited house at any time. Legal basis:

Article 209 of the Civil Code The creation, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law. Natural resources that belong to the state in accordance with the law may not be registered. Article 210 The registration of immovable property shall be handled by the registration authority at the place 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 211:When a party applies for registration, it shall provide proof of ownership and necessary materials such as the boundary address and area of the immovable property based on different registration items.

Legal basis:Article 209 of the Civil Code of the People's Republic of China The creation, alteration, transfer and extinction of immovable property 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 210 of the Civil Code of the People's Republic of China [Immovable Property Registration Agencies and Unified Registration of Immovable Property] The registration of immovable property shall be handled by the registration authority 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 211 of the Civil Code of the People's Republic of China [Application Materials for Registration of Immovable Property] When applying for registration, the parties shall provide necessary materials such as proof of ownership and the boundary address and area of the immovable property according to different registration items.

To transfer the house in the father's estate, you need to go to the neighborhood committee to issue a legal heir certificate, and go to the police station to issue a certificate of death and filial piety; 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 handle the surveying and mapping of the area of the house or the transfer of drawing; Hold the real estate certificate, notarial certificate, and housing surveying and mapping certificate to the real estate transaction center to apply for inheritance registration and confirm the change of name and transfer after tax payment.

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 on the distribution of immovable property by all legal heirs, as well as materials on kinship with the decedent, and may also submit notarized materials or effective legal documents.

Article 210 of the Civil Code.

The registration of immovable property shall be handled by the registration authority where the immovable property is located. The State implements a unified registration system for immovable property. The scope of unifying Dengfu Changji, 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.

Legal analysis: 1. The children who first apply for the transfer of inherited real estate need to determine their inheritance rights, and if their parents have other legal inheritances, they need to obtain a written letter from other heirs agreeing to give up the inheritance rights of real estate before they can handle it; If the parents made a will during their lifetime, it should be executed in accordance with the agreement in the will. 2. Then the children who apply for the transfer of inherited real estate also need to obtain the death certificate of the decedent and their own heir certificate 3. The children who apply for the transfer of inherited real estate also need to go to the notary office for notarization and receive the notarial certificate of inheritance.

When notarizing, the death certificate of the owner of the house, the list of heirs of the Hebi Law issued by the legal authority, and the will (if there is a will) made by the original owner of the house must also be submitted. 4. Children who apply for the transfer of property in Fangmo Town can bring relevant information, including their own identity documents, identity certificates, parents' death certificates, real estate certificates and other information, to the housing management trading center where the house is located to apply for the transfer procedures.

Legal basis: Article 1133 of the Civil Code of the People's Republic of China A natural person may make a will to dispose of personal property in accordance with the provisions of this Law, and may appoint an executor.

A natural person may make a will to designate personal property to be inherited by one or more of the legal heirs.

A natural person may make a will to donate his or her personal property to an organization or individual other than the state, collective, or legal heirs.

A natural person may establish a testamentary trust in accordance with the law.

Inheritance of the house can be sold. As long as the property is inherited in accordance with the law, it can be sold, but it cannot be used against a bona fide third party if it has not been registered. Buying and selling a house also requires valid proof, such as the old man's estate, which is the joint property of the heirs, and the heirs' agreement on the division of the common property, as long as each heir agrees and signs, it can be effective, and no heir can breach the contract.

If each heir divides the inherited common property, it is tantamount to a lease agreement, and the transfer procedure can be carried out with this agreement. Generally, the real estate inheritance procedures must be carried out by the appraisal company to evaluate the market value of the house and determine the accurate market value of the property**; Secondly, the applicant should go to the notary office where the house is located to handle the inheritance notarization, receive the inheritance notarial certificate, and then go to the real estate surveying and mapping department to apply for the surveying and mapping of the house area or transfer procedures, and receive the surveying and mapping results or drawings in order to go through the property rights registration procedures, and finally, fill in the "real estate property rights registration application", and submit the above information, the case-handling personnel will receive the case and accept it, and issue a receipt. After all the information is verified, the real estate certificate of the changed owner will be issued. ：

Article 1127 of the Civil Code of the People's Republic of China Legal basis: Article 1127 of the Civil Code of the People's Republic of China The inheritance of inheritance shall be in the following order: (1) The 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.

The term "children" as used in this part includes legitimate children, illegitimate children, adopted children, and stepchildren with a dependent relationship. For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship. "Brothers and sisters" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

Can be bought and sold. If the inheritance of the property is reached, whether the heirs have reached an inheritance agreement between them or the court has made an effective judgment, at this time, the heirs can buy and sell the house as long as they obtain the ownership of the inherited property. However, because the real estate is immovable property, the transfer registration must be completed in order to complete the transaction, and if the heir goes directly to the real estate center to transfer the property, there will be a problem, that is, the house is still registered in the name of the deceased deceased, and the heir cannot directly transfer the property to the buyer at this time.

In order to complete the transaction, there are two steps, the first step is to change the house from the name of the deceased to the name of the heir according to the effective judgment of the court or the inheritance document notarized by the notary public; The second step is to transfer the house from the name of the heir to the name of the buyer, so that Wang Jue has completed the transaction. Here, I would like to remind all friends that no matter which party to the house sale, if the transaction has not yet completed the inheritance and transfer, that is, the first transfer, try to reflect it in the contract, and formulate relevant contract terms to agree, so as to avoid unpredictable legal risks for both parties.

Legal basis] According to Article 5 of the Inheritance Law, 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.