Buying a house in the name of an old man, how to transfer the ownership when the old man dies?

In the name and ID card of the elderly person in the family.

To buy a house, the transfer of the property after the death of the elderly is very troublesome, first of all. In this case, the property becomes the inheritance of the elderly. You want to inherit this legacy. It is necessary to confirm whether you have the legal right to inherit, and then go to the place where the elderly are registered.

The Public Security Bureau goes. Obtain a death certificate.

and proof of relationship among the elderly. Prepare the relevant documents and go to the notary office.

It will be more convenient to go through the notarization of inheritance rights, if there is a will. The Will will be notarized. Finally, bring your ID card, notarial certificate, and death certificate to the real estate management bureau to transfer the ownership.

There are also many materials that need to be prepared for inheritance and transfer, including the death certificate issued by the public security bureau where the old man's household registration is located. and proof of inheritance. Inheritance includes the relationship between the children, spouses, parents, and identity information.

The real estate title certificate of the inherited property or other proof that the real estate was legally acquired. If there is more than one legal heir, but the property is transferred to only one of them, the other legal heirs should sign a written document renunciating the inheritance. It is also necessary to do notarization.

Identification documents of all legal heirs. and household register. To sum it up.

The process of transferring the death of an elderly person is very troublesome. Note that it must be notarized before the transfer can be officially processed.

You can transfer the ownership according to the inheritance, all the heirs in line will come forward to sign together, and everyone else will give up the ride, so that you can inherit alone. As for how to coordinate within your family, you can handle it yourself, and it cannot be ruled out that some people are unwilling to give up this inheritance right.

Borrow the old people to buy a house, if the old man writes a will before the old man passes away and gives the property directly to you, then you can go directly to the real estate bureau with the will to transfer, if not, then all the heirs of the old man must go to the housing authority to sign and give up the property, so that the property can be transferred to your name.

But morally speaking, after all, it is the money of the elderly, and if the other children have opinions, you can give some compensation appropriately, but it must be within the range you can afford, and do not affect your normal life because of this incident. If they make some unreasonable demands, you don't bother at all.

Since it is borrowed from the name of the old man, the old man's death needs to be counted as the old man's estate to be apportioned, and the order of apportionment is spouse, parents, children, if it is an unrelated person, it is not possible to obtain the transfer qualification.

1. 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 go to the district or city notary office (the original export commercial housing to the city notary office) for inheritance notarization. 3. For the registration of house transfer, the applicant is the heir or legatee.

4. Bequests are different from statutory inheritance and testamentary succession, and taxes need to be paid.

Are you close to the elderly? And the old man has no other heirs to the estate, so you can do the inheritance. If the old man has other heirs, then there is no transfer of ownership except for the automatic renunciation of the person.

I can't transfer the ownership. Because this is considered an inheritance, it has entered the estate liquidation procedure.

The process of transferring ownership of a house where an elderly person dies is:

1. To go through the procedures for the transfer of the real estate certificate, the heir shall 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 go through the procedures for the transfer of the real estate certificate, the heir shall go to the district or municipal notary office (the original export commercial house shall go to the municipal notary office) to handle the notarization of inheritance rights.

If the old man has passed away, whether the property under his name needs to be transferred needs to be decided on a case-by-case basis

1. The transfer of ownership requires the will of the elderly, if the will of the elderly clearly states that the property is inherited by a child, only need to hold the death certificate of the elderly, household registration book, will and the relationship between the elderly and the children to the real estate department directly to the real estate department for transfer;

2. If the spouse of the elderly is alive and the property is purchased after the two have a marital relationship, the property belongs to the joint property of both parties, and the spouse of the elderly inherits the property.

Measures for Housing Registration

Article 86.

Where the ownership of a house is transferred in accordance with the law, and an application for registration of the transfer of ownership of the house is applied, the following materials shall be submitted:

1) Application for registration;

2) Proof of the applicant's identity;

3) Certificate of ownership of the house;

4) Proof of the right to use the homestead or the right to use the land for collectively owned construction;

5) Materials proving the transfer of ownership of the house;

6) Other necessary materials.

Those who apply for registration of the transfer of ownership of villagers' houses shall also submit supporting materials proving that the rural collective economic organization has agreed to the transfer.

Where a rural collective economic organization applies for registration of the transfer of ownership of a house, it shall also submit supporting materials with the consent of the villagers' meeting or the authorization of the villagers' meeting and the consent of the villagers' representative meeting.

Legal analysis: The process of transferring the ownership of the house where the elderly died is as follows: 1. To handle the transfer procedures 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 procedures for the transfer of real estate certificates, go to the district or municipal notary office (the original export commercial housing to the municipal notary office) to handle the notarization of inheritance rights; 3. Handle the registration of housing transfer.

Legal basis: Article 210 of the Civil Code The registration of immovable property shall be handled by the registration authority where the immovable property is located. 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.

Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property

Article 38 Those who apply for registration of the right to use State-owned construction land and the transfer of ownership of houses shall, according to different circumstances, submit the following materials:

1) Certificate of ownership of immovable property;

2) Contracts of sale, exchange, and gift;

3) Materials inherited or bequeathed;

4) Split or merger agreements;

5) Legal documents effective by the people's courts or arbitration commissions;

6) The approval documents of the people** or the competent department with the right to approve;

7) Proof of payment of relevant taxes and fees;

8) Other necessary materials.

If the immovable property sales contract shall be filed in accordance with the law, the applicant shall submit the recorded sales contract when applying for registration.

Note: The Civil Code came into force on January 1, 2021.

Legal Analysis: Kitan.

No, you don't. If the real right is acquired by inheritance, it shall take effect from the beginning of the failure of the inheritance. However, if you want to transfer the house, you need to transfer the ownership first and then register the transfer.

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

Article 230:Where a real right is acquired as a result of inheritance, it shall take effect from the beginning of the inheritance.

Article 1070 Parents and children have the right to inherit each other's estates.

Legal Analysis: Kitan.

No, you don't. If the real right is acquired by inheritance, it shall take effect from the beginning of the failure of the inheritance. However, if you want to transfer the house, you need to transfer the ownership first and then register the transfer.

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

Article 230:Where a real right is acquired as a result of inheritance, it shall take effect from the beginning of the inheritance.

Article 1070 Parents and children have the right to inherit each other's estates.

Summary. Hello dear, happy to answer your <>

Based on your problem, the result of the analysis for you from a legal perspective is as follows: the sale of the house after the death of the elderly cannot be directly transferred to the name of the buyer.

Can the sale of the house after the death of the old man be directly transferred to the name of the buyer?

Dear, you are good to accompany you, and I am happy to answer your <>

Based on your problem, the result of analyzing the disturbance for you from a legal perspective is as follows: the old man dies and sells the house, which cannot be directly transferred to the buyer's name.

Legal analysis: From a legal point of view, after the death of the elderly, the property under his name belongs to the inheritance. What needs to be considered for the transfer is the legal inheritance of the estate. The potato god needs to be inherited and transferred by his children first, and then the children will buy and sell the transfer to the buyer.

Legal basis: Article 1130 of the Civil Code of the People's Republic of China The share of inheritance inherited by heirs in the same order shall generally be equal. Heirs who have special difficulties in life and lack the ability to work shall be taken care of when distributing the inheritance.

Heirs who have fulfilled the main obligation to support the decedent or who live with the decedent may receive more dividends when the inheritance is distributed to the silver rock property. If an heir who has the ability and the capacity to support does not fulfill the obligation to support him, the inheritance shall be distributed without or with a small share. Where the heirs agree through consultation, it may also be unequal.

The method of transfer of the house where the old man has passed away: under normal circumstances, the heir shall provide the certificate of inheritance, the death certificate of the decedent, the real estate ownership certificate and other materials to the real estate registration center, and after the registration center reviews and confirms that the registration conditions are met, the transfer registration can be approved and the new real estate ownership certificate will be issued.

Article 14 of the Interim Regulations on the Registration of Immovable Property 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: (2) Inheriting the foundation or accepting a bequest to obtain the right to movable property of the non-reply office.

Article 1123 of the Civil Code of the People's Republic of China After the commencement of succession, 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. Article 230 of the Civil Code of the People's Republic of China Where a real right is acquired by inheritance, it shall take effect from the beginning of the inheritance.