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You can go to the local property rights exchange to report the loss. Your friend's situation is more complicated, please go to the local property exchange for specific information. (The policy is different for each place).
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After your father's death, you can't find the real estate certificate, so you must bring your father's death certificate and the original ID card and go directly to the local housing management office to check the file.
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Take a valid ID card to the real estate management and registration department to check the property resistance and ask for a new real estate certificate.
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Due to the death of the property owner, no one applies for loss reporting procedures, the heir shall go to the notary office to handle the notarial certificate of inheritance, and the heir who has obtained the inheritance right shall apply to the housing management authority for loss reporting, and after the announcement is invalidated, the property right shall be transferred to the name of the heir.
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You can take the death certificate to the housing management office to reapply for a real estate certificate.
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Legal Analysis: There are two methods to choose from:
First, all heirs go to the notary office to notarize the property rights and interests under the house purchase contract, and with the notarial deed and the developer to determine the heirs to go through the real estate certificate and other formalities, and other real estate licenses.
The real estate certificate that comes out is still in the name of the original owner. After that, the heirs will bring another notary and real estate license to the real estate registration center to handle the inheritance registration business. After that, the new real estate license is the name of the heir, and the business is completed.
The second way is for all heirs to go to the notary office to handle the notarization and entrust one of them to apply for the real estate certificate. After the completion of the real estate license, all heirs hold the real estate license for inheritance notarization, and then hold the notarial certificate to the real estate to handle the inheritance registration business. Complete the name or transfer change.
Legal basis: "Notarization Law of the People's Republic of China" Article 25 A natural person, legal person or other organization may apply for notarization to a notary public at the place of residence, habitual residence, place of conduct or place where the facts occurred.
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Legal analysis: property rights are registered after inheritance, and according to relevant laws and regulations, housing property rights are joint property after marriage, and the deceased and spouse have half of the rights. The death of the deceased needs to go through the procedures of inheriting half of the property rights, and the first order of the deceased heirs needs to go to the local notary office to select the heirs to inherit under the premise of intestate, and after obtaining the notarial certificate, the selected heirs and the deceased's spouse will apply to the housing management department to go through the housing inheritance transfer procedures, and the real estate certificate of the two names of the heir and the deceased's spouse can be processed.
Legal basis: "Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property" Article 14 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.
Civil Code of the People's Republic of China Article 1127 Inheritance shall be in the following order: (1) 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. For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren.
For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship. The term "siblings" 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.
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If the property right certificate is lost, it shall go to the housing management authority where the house is located to go through the loss reporting procedures and publish an announcement to invalidate it. Due to the death of the property owner, no one applies for loss reporting procedures, according to the provisions of the "Inheritance Law" and the "Housing Registration Measures", the heir shall go to the notary office to handle the notarial certificate of inheritance, and the heir who has obtained the inheritance right shall apply to the housing management authority for loss reporting, and the property right shall be transferred to the name of the heir after the announcement is invalidated.
1. Real estate inheritance refers to the act of transferring the real estate left by the decedent to the heirs in accordance with the provisions of the Inheritance Law. To handle the inheritance of real estate, you must go through the process of housing appraisal, inheritance notarization, and application for property rights registration. For a house that has received the "Real Estate Ownership Certificate", when the owner of the house dies, its legal heirs can apply for the registration of the inheritance of the house.
2. There are houses within the scope of the inheritance listed in the Inheritance Law of our country. The so-called inheritance of the house means that after the death of the decedent, the property belongs to the testamentary heirs or legal heirs.
3. Therefore, only the decedent's house can be inherited if it has legal property rights. When the inheritance occurs, if there are multiple heirs, the property should be discounted in accordance with the will and relevant laws and regulations, and the original property right certificate, will and other materials should be transferred to the competent department.
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In the case of the loss of the real estate certificate but the father has passed away, the heir shall go to the notary office to notarize the inheritance right, fill in the application and guarantee letter to the housing archives with his valid identity certificate and notarial certificate of inheritance, copy the housing drawings and documents in the file and issue a house ownership inquiry certificate by the archives, and apply to the housing authority for the replacement certificate after publishing the loss statement in the newspaper.
[Legal basis].Article 21 of the Interim Regulations on the Registration of Immovable Property.
The registration of the registered items is completed when they are recorded in the immovable property register. When the immovable property registration authority completes the registration, it shall issue the immovable property ownership certificate or registration certificate to the applicant in accordance with the law.
Article 27.
Rights holders and interested parties may inquire into and reproduce immovable property registration materials in accordance with law, and the immovable property registration authority shall provide them. Relevant state organs may, in accordance with the provisions of laws and administrative regulations, inquire into and reproduce immovable property registration materials related to matters investigated and handled.
Article 60 of the Law on the Administration of Urban Real Estate.
The State implements a system of registration and issuance of certificates for land use rights and house ownership.
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Summary. If the real estate certificate is lost, it needs to be invalidated and reissued, but the property owner needs to be present to apply. Due to the death of the property owner, according to the provisions of the Inheritance Law, the legal heir or the heir designated by the will is required to apply to the Housing Authority for annulment and inheritance procedures with the notarial certificate of inheritance.
After my father died, I can't find the real estate certificate, how to make it up?
Dear, please be patient, I will reply immediately
If the real estate certificate is lost, it is necessary to invalidate and reissue the stool posture announcement, but the property owner needs to be present to apply. Due to the death of the property owner, according to the provisions of the "Inheritance Seepage Law", the legal heir or the heir designated by the will is required to apply to the housing authority for annulment and inheritance procedures with the notarial certificate of inheritance.
My father and mother died, and the real estate certificate could not be found, and how could my four sisters reapply for it.
But my grandparents are still alive, do they have the right to inherit.
If one of your four siblings acquires the property, then the other three give up their inheritance rights and need to go to a notary public to notarize and then go to the housing authority to transfer the property.
In other words, my grandparents and sisters had to go to the notary office to testify.
The order of inheritance of children is in front of grandparents, and the children inherit first when they are alive.
You four sisters can go to the notary office to notarize.
But I went to the notary office and asked the staff, and I said that I wanted my grandparents to be on site.
It may be different from region to region.
Yes, according to the relevant provisions of the law, the property rights of the house are subject to the registration of the housing management department (the joint property of the husband and wife is an exception), since the real estate certificate is written in your father's name, then the house is the property in your father's name, since it is the property in your father's name, your father can naturally decide whether to sell the house on his own. >>>More
The transfer may be fine, but first you need to get the consent of your mother and other siblings, otherwise. This house of your father, his normal first season seems to be your mother. The order of heirs is a few of your brothers and sisters who are involved in some of these interest groups. >>>More
This question is broad, and the answer is as follows: if the title deed is in the name of the husband's father, but it is actually purchased with the joint property of the husband and wife and has been inhabited by both parties, and the name of the father's father is temporarily used only for the smooth purchase of the house, then the actual rights to the house should belong to the husband and wife, and the wife shall have the right to inherit the husband's estate (including the property) jointly with the husband's other heirs after the husband's death. >>>More
When buying a house, you can write the child's name. Children have the civil right to register to buy a house as soon as they are born, so the child's name can be written when buying a house. However, if the child is a minor, he does not have the capacity for civil conduct, so the transfer of ownership should be handled by his legal guardian (usually his parents) on his behalf. >>>More
No trading is possible. Article 37 of the Law on the Administration of Urban Real Estate stipulates that the transfer of real estate refers to the transfer of real estate by the owner of real estate to another person through sale, gift or other legal means. >>>More