The head of the household is the grandfather, who did not transfer the property rights to the grandm

Updated on society 2024-07-01
15 answers
  1. Anonymous users2024-02-12

    1. This house should be the joint property of your grandparents, in the case of your grandfather's death and no will, half of the house belongs to your grandmother, and the other half is your grandfather's inheritance, which will be inherited by your grandmother and three sons (don't you have an aunt?). If there are aunts, your aunts and sisters are heirs and should also participate in the inheritance, so the right should not be described).

    2. Although your father is the boss: neither your grandmother nor your father has the right to decide who this house should be given to. Because after your grandfather died, now this house is jointly owned by your grandmother and your three sons, and if you want to give it to your third uncle, you must have the consent of all the people.

    3. "Is there any other way to solve this problem, I mean without the signature of the second child." How can I transfer the property rights to my grandmother or the third child":

    1) There is no way to bypass the second child: as long as the second child does not agree, the house cannot be transferred to the third child.

    2) You can let the third child compensate the second child for the money he deserves, and after giving the money to the second child, you can give the house to the third child.

    4. "I don't want to cause family conflicts because of the problem of the house, so I want to solve it through legal effect":

    1) The contradiction already exists, and it is not that if you don't want to, there will be no contradiction.

    2) You can solve it through legal means: go to the court to sue for the division of your grandfather's estate, and compensate the second child for the share of the inheritance, and your grandmother and father can write the gift agreement and notarize it and then go to the housing authority to transfer the house to the third child.

  2. Anonymous users2024-02-11

    The house was co-owned until it was divided.

    The consent of all co-owners is required for processing.

    You want to be your thing.

    Someone else disposed of it without your consent.

    Would you like that, the law won't do that.

    Let's negotiate a solution.

    Trade-in compensates them.

  3. Anonymous users2024-02-10

    Your grandmother is the first heir, why do you still need to transfer the ownership.

  4. Anonymous users2024-02-09

    It is necessary to inherit the property, and if there is a will, it must be inherited according to the will, and if there is not, it must be inherited according to the legal order of succession.

  5. Anonymous users2024-02-08

    In the end, it should be grandpa's first heir, and dad gets the ownership of the house, so he can let dad transfer it to you.

  6. Anonymous users2024-02-07

    In order to inherit according to the inheritance law, it is divided according to the inheritance method of the first in order and the second in line.

  7. Anonymous users2024-02-06

    Legal analysis: If the house is in the name of the grandfather and the grandfather has passed away, the heir can unilaterally apply to the real estate registration agency for change of registration with the death certificate of the decedent, the certificate of kinship with the decedent, the certificate of real estate ownership and other materials.

    Legal basis: Article 14 of the Interim Regulations on the Registration of Immovable Property Article 14 Where an application for registration of immovable property is made for sale, creation of mortgages, etc., both parties shall jointly apply for it. In any of the following circumstances, the parties may apply unilaterally:

    1) The immovable property that has not yet been registered is applied for registration for the first time; (2) Inheriting or accepting a bequest to acquire immovable property rights; (3) The establishment, modification, transfer, or extinction of immovable property rights in effective legal documents of the people's courts or arbitration commissions, or effective decisions of the people's courts; (4) The name or title of the right holder or the natural condition changes, and the application for modification of registration is made; (5) The immovable property is lost or the right holder gives up the right to the immovable property and applies for cancellation of registration; (6) An application for correction of registration or registration of objections; (7) Other circumstances where laws or administrative regulations provide that a unilateral application may be made by the parties.

    Article 16 The applicant shall submit the following materials and be responsible for the authenticity of the application materials: (1) the application for registration; (2) The identity materials of the applicant and the ** person, and the power of attorney; (3) Relevant real estate ownership certificates, registration reason certificates, and real estate ownership certificates; (4) Materials such as the site, spatial boundaries, and area of immovable property; (5) Explanatory materials on the interests of others; (6) Other materials provided for by laws, administrative regulations, and detailed rules for the implementation of these Regulations. The immovable property registration authority shall disclose the information such as the catalogue of materials and model texts required for application for registration in the office space and on the portal.

  8. Anonymous users2024-02-05

    Legal Analysis: Yes, his children as the first heirs of the head of the household have the right to inherit the house.

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

    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 heir in the first order to inherit, it will be inherited by the heir in the second order of the dust stove.

    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.

  9. Anonymous users2024-02-04

    1. If the real estate certificate is written in the grandfather's name, then it can be directly transferred to the grandson. The premise is that the grandchild must be at least 18 years old. If you are under the age of 18, you need your guardian to have your guardian notarized. Then in the transfer.

    2. If the grandfather is alive and the real estate certificate has been completed for 5 years, you can choose to transfer the property directly. It is also possible to notarize a will, but the notarization of a will can only take effect after the death of the elderly.

    3. When the old man is alive, the house is the private property of the old man, and the transfer of private property does not require the intervention of other personnel. Therefore, if the old man is willing, regardless of whether your father agrees or not, he can transfer the property to your name. What you mean by renunciation of inheritance notarization means that there will be a succession after the death of the elderly

    1: Yes. 2: The grandson can be designated as the sole heir in the form of a will. No one else has the right to inherit. 3: If you make a will and notarize it, you don't need to make any statement from your father, because he has lost his inheritance qualifications.

  10. Anonymous users2024-02-03

    1. If you don't have a real estate certificate, it's best to apply for a real estate certificate first, after all, grandma is still alive now;

    2. For details, you should first consult the cadres of your village committee to see how to handle it, and then apply for it;

    3. If it is in the name of the grandmother after the processing, then the grandmother will transfer it to your name.

  11. Anonymous users2024-02-02

    Your grandmother can give half of her property to her granddaughter, and your grandfather's half is divided equally between your grandmother and her three children, which means that your grandmother has five-eighths of the property, and she has free referencing of this part. The consent of the remaining 3 children is required. Let's go to justice.

    And one more question, is this granddaughter an adult?

  12. Anonymous users2024-02-01

    1. All persons with the right of inheritance, husband and wife, with their ID cards, original marriage certificates, death certificates, real estate certificates, etc., go to the notary office to handle inheritance notarization. Because grandchildren are generally not the inheritors, when notarizing, all inheritors must renounce the inheritance and give their respective inheritable parts to the grandson, so that the real estate can be concentrated in the grandson's name.

    2. All the above owners bring all the above information and notarization to the Housing Authority for inheritance transfer. The specific procedures are in accordance with the regulations of the local housing authority.

    The fees are: 1. The notary fee for handling the notarization of the estate is charged at 3% of the total price of the property.

    Second, the tax fee for the transfer of ownership by the housing authority is not much, and three thousand yuan is enough.

  13. Anonymous users2024-01-31

    The house is an indispensable existence in life for everyone, if the parents have passed away, and the "real estate certificate" is the name of the father, how to transfer the ownership correctly?

  14. Anonymous users2024-01-30

    The stipulation is that when the deceased dies, it depends on whether the deceased has a will to appoint an heir, and if there is a will, the inheritance needs to be executed in accordance with the will.

    Intestacy, according to the first order of the deceased's heirs, the deceased's spouse, children, parents, tripartite inheritance.

    If there is no first order, there will be a second series of heirs, brothers and sisters of the deceased, grandparents of the deceased, maternal grandparents of the deceased, and tripartite inheritance.

    If there are neither will-named heirs nor primary and second-order heirs, the deceased's estate is owned by the collective unit or the state to which the deceased belonged during his lifetime.

    The Inheritance Act provides:

    Article 5 After the commencement of inheritance, it shall be handled in accordance with the statutory succession; 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.

    Article 10 The inheritance shall be carried out 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 inherit; If there is no first-order heir, the second-order heir 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 dependent relationship.

    Article 32 An inheritance that has no one to inherit and no one to bequeath shall be owned by the State; Where the deceased was a member of a collective-owned organization during his lifetime, it is owned by the collective-owned organization to which he belonged.

  15. Anonymous users2024-01-29

    Your grandfather's spouse, children, parents. In other words, if the ownership of the house is in your grandfather's name, then your grandmother and father have the right to inherit it. And has been dead for more than twenty years, who has been living in the house all these years?

    If the negotiation fails, you can sell the house and divide the money equally.

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