What should I do if the property owner dies unexpectedly before the house is transferred?

If you have signed the "House Sale Agreement" or the "House Purchase Agreement", the "House Sale Agreement" is signed by both parties on an equal and voluntary basis, and is the true expression of the intention of both parties, and shall be protected by law. According to Article 135 of the Contract Law of the People's Republic of China, "the seller shall perform the obligation to deliver the subject matter to the buyer or deliver the documents for the extraction of the subject matter, and to transfer the ownership of the subject matter", the seller, i.e., the property owner, has the primary obligation to transfer its ownership to you, and due to the accidental death of the property owner, in accordance with Article 29 of the Property Law of the People's Republic of China, "if the property right is acquired by inheritance or bequest, it shall take effect from the beginning of the inheritance or bequest". The title to the property in question is transferred upon the death of the owner, i.e. the ownership of the property is transferred to the legal heirs. According to Article 33 of the Inheritance Law of the People's Republic of China, the inheritance shall pay off the taxes and debts payable by the decedent, and the payment of taxes and debts shall be limited to the actual value of his estate.

Therefore, as the buyer of the house, you have the right to require your heirs to fulfill the debts arising under the House Sale Agreement and actually deliver the ownership of the house, i.e., to go through the registration procedures for the transfer of ownership of the house.

Hello, your situation is too troublesome, either you just wait, wait for the property owner's family to complete the inheritance procedures and then transfer the property with you, or negotiate with the two parties to terminate the contract.

Those who have a will will go to the will, and those who do not have a will go to the legal inheritance.

The heirs of the deceased need to go through the inheritance transfer procedures first, obtain the real estate certificate in the name of the heirs, and then have the heirs and buyers go through the transfer procedures for the house. If the heir refuses to handle the case, the buyer can file a lawsuit against the heir in the court where the house is located with the sales contract, ID card, and payment voucher. The ownership of the house is obtained by the effective legal documents of the people's court or arbitration commission, the legal construction of the house, or the inheritance or bequest.

Legal analysisCivil Code of the People's Republic of China

Article 209 The creation, alteration, transfer and extinction of real estate 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 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.

1.If you have notarized it with the original owner before, there is no problem. You can directly take the notarial deed, real estate certificate and land certificate to the housing ownership department to handle the change registration. (However, it is necessary to entrust a notarization to do it, and other notarization may have to go through judicial procedures to save taxes and fees).

2.If there is no notarization, (the following cases must be approved by their children, but the children must be adults) will be inherited by the heirs and then transferred to you in the form of **, but their children need to pay 20% of the transaction price of the personal income tax.

3.If the child is a minor, "consider himself unlucky" or see if his child will be "found in conscience".

This kind of real estate transfer requires a lot of supporting materials, which is more troublesome, and you must be mentally prepared).

2.The new owner should prepare the original and photocopy of the ID card, marriage certificate, new real estate certificate, and the sales contract issued by the housing authority; The original owner needs to prepare the original ID card, marriage certificate, original and copy of the land certificate, and death certificate, and his spouse can handle it directly at the window of the Land Bureau.

3.The land certificate can be processed within 5 working days.

In the process of buying and selling second-hand houses in Shanghai, people always hope that the transaction can go as smoothly as possible. However, sometimes it often backfires, and some transaction disputes are annoying enough. If you have no experience in buying and selling second-hand houses, and you encounter the sudden death of the property owner, perhaps this will catch you off guard.

Today's legal reading of real estate cases, I want to analyze with you, and how to deal with such a situation. Customer situation In the process of the transaction, the contract has been signed, the tax has been reviewed, the purchase is limited, and the ownership has not been transferred, and before the transfer, the property owner dies suddenly, resulting in the property can not be transferred, and the difference of 20% of the personal income tax may be generated. shzyshange44 treatment plan The property must first temporarily terminate the second-hand housing transaction in Shanghai, the trading center revokes the record, and the legal heir of Party A first goes to the notary office to do the notarization of the inheritance, and then goes to the trading center to change the property certificate, and at the same time audits and changes the name.

After the new property certificate is completed, Party A and Party B will re-sign the sales contract, review the tax, check the purchase limit, handle the loan, and transfer the ownership. Dispute Resolution So, if there is a difference of 20% personal income tax, who will bear it? This part of the personal income tax should be borne by Party A, because the taxes and fees agreed upon when the landlord is alive do not include this part of the taxes, and in the course of the transaction, the additional taxes and fees caused by Party A shall be borne by Party A.

If Party A is willing to bear this tax, it is recommended that Party A and Party B sign a supplementary agreement to clarify the party bearing the tax before continuing the transaction when conducting the second-hand housing transaction in Shanghai. If Party A is unwilling to bear the difference in individual income tax, then Party A and Party B must negotiate to solve it, and even solve such a problem through judicial channels.

Summary. Legal basis: Article 215 of the Civil Code of the People's Republic of China provides that a contract between the parties concerning the establishment, modification, transfer and extinction of immovable property rights shall take effect upon the conclusion of the contract, unless otherwise provided by law or otherwise agreed by the parties; If the property right is not registered, the validity of the contract shall not be affected.

Article 221:When a party signs an agreement on the sale and purchase of a house or an agreement on other real estate rights, it may, in accordance with the agreement, apply to the registration authority for advance notice registration in order to ensure the realization of the real right in the future. If, after the advance notice is registered, the immovable property is disposed of without the consent of the right holder of the advance notice registration, the real right shall not take effect. After the advance notice is registered, if the creditor's right is extinguished or the application for registration is not made within 90 days from the date on which the immovable property can be registered, the advance notice registration shall become invalid.

Hello dear, happy to answer your <>

Poke the face of Jian Qiaolu]: The house signed a sales contract but there was no transfer of the accident, who is responsible for the accident responsibility for the accident is subject to the registration of the property right of the house in whose name is removed.

Legal analysis: The distribution of responsibility after the accident after the sale of the house needs to be analyzed according to the specific situation: 1. The responsibility for the accident shall be subject to whose name the property right of the house is registered; 2. If both parties have registered the transfer of property rights, the buyer shall bear the responsibility; 3. If only the sale and purchase agreement is reached and the registration of the change of property rights has not been repented, the seller shall bear the responsibility.

What are the changes to the contract to take effect: 1. The parties to the contract have the corresponding capacity to conclude the contract; 2. The intention of the parties to the contract is true; 3. The contract does not violate the law or the public interest; 4. The content of the contract must be determined or possible.

Legal basis: Article 215 of the Civil Code of the People's Republic of China provides that a contract between the parties concerning the establishment, modification, transfer and extinction of immovable property rights shall take effect upon the conclusion of the contract, unless otherwise provided by law or otherwise agreed by the parties; If the property right is not registered, it is not as good as the silver sun to affect the validity of the contract. Article 221:When a party signs an agreement on the sale and purchase of a house or an agreement on other real estate rights, it may, in accordance with the agreement, apply to the registration authority for advance notice registration in order to ensure the realization of the real right in the future.

If, after the advance notice is registered, the immovable property is disposed of without the consent of the right holder of the advance notice registration, the real right shall not take effect. If the creditor's rights are extinguished or the registration is not made within 90 days from the date on which the immovable property can be registered, the advance notice registration shall become invalid.

There is a contract for the sale and purchase of the house, but there is no transfer, today the gale lifted the roof and smashed into the courtyard of the neighbor's house, causing losses, who will be responsible.

If the seller has only reached a sales agreement and has not registered the change of property rights, the seller shall bear the responsibility.

The seller is mentally retarded and has been sent to a nursing home by the village committee.

The money collected by the village committee for the purchase of the house.

Qinqin, that is, the village committee is responsible.

Just in time to replace the new card, the seller's certificate has never been able to get down.

I can't transfer my ownership without documents. Now it's ** entrusting a third party, they don't act, I'm not suing a third-party agency.

In, dear. Kiss can be sued.

Legal analysis: The transfer of ownership of real estate such as houses is subject to registration, and the risk should be borne by the owner of the house before registration. However, if the accident is caused by the fault of the other party, Wang Lipai can be required to compensate for the loss on the grounds of infringement.

Legal basis: Civil Code of the People's Republic of China

Article 214 Where the creation, alteration, transfer or extinction of real estate rights shall be registered in accordance with the provisions of law, they shall take effect when they are recorded in the real estate register.

Article 215:Unless otherwise provided by law or otherwise agreed by the parties, a contract concluded between the parties for the establishment, modification, transfer or extinction of real estate rights shall take effect upon the conclusion of the contract; If the property right is not registered, the validity of the contract shall not be affected.

Article 216 The immovable property register is the basis for the ownership and content of real rights.

After the death of the seller, the heirs of the seller inherit the property, and after the heirs inherit the property, they can handle the transfer with the heirs.

Usually, when the seller dies, the heirs of the seller will inherit his property, after the inheritance notarization, the heirs take the notarial deed and the real estate certificate to the real estate bureau to go through the real estate name change procedures, after the name on the real estate certificate is changed to the heir, you can go to the real estate bureau with the heir to go through the transfer procedures.

Property Closing Process:

1. If the transfer of the real estate certificate does not go through the real estate agency, the terms of the contract and the terms of breach of contract must be clearly written, and the party named on the seller's real estate certificate must be present when signing the contract.

2. After the application materials are ready, you must go to the real estate bureau to fill in some Naibyu** and a stock contract.

3. After the application materials for the transfer of real estate are handed over to the Real Estate Bureau, the Real Estate Bureau will give a receipt to pay the tax according to the date stated on the receipt form, which generally takes about 15 working days.

4. After the real estate transfer tax is paid, you can get the real estate certificate.