If the original owner passes away and there are multiple heirs, can one of them rent out the propert

Of course, you can, but you need to reach a consensus between the heirs, otherwise there will be disputes, it is best to go through the inheritance notarization first, and then transfer to the name of the heir, and then rent it out.

A's act of renting a house is not entitled to dispose of it.

However, the absence of the right to dispose does not affect the validity of the lease contract, so the lease contract is valid.

If the lessee is a commercial business, it is difficult to obtain an invoice.

If the original owner passes away, there are multiple heirs, and the property is the joint property of multiple heirs, if one of them rents out the property, the consent of the other heirs must be obtained, otherwise the property cannot be rented out privately.

If the heir is not only A, the lease contract is invalid, and the invoice can no longer be issued, but the tenant can protect his interests as long as he has evidence to prove that he has paid the rent, and there should be anything A.

If the original owner dies and multiple heirs are allowed to cancel the rental house under such conditions, it is not possible to do so, because there is no consent from the others, which will cause some property disputes. Therefore, the house should be transferred first, so that all the heirs can be transferred. If you think about how to solve this problem, and then rent a house after solving it, etc., there will be no point.

When the original owner dies and there are multiple heirs, one of whom is not allowed to rent out the property, and the consent of all the heirs of the house must be obtained.

Of course this is not possible, since it is more than one heir, you should report the inheritance procedures first, divide the house into everyone's name, and discuss how to rent this house at that time? How do you divide the rented rent?

Without the consent of the other heirs, one of the heirs is not allowed to dispose of all the inherited property on his own, including renting it.

The original owner passed away, and there were multiple heirs, one of whom was not allowed to rent out the property. After a valid institution, and notarization by a notary public, no one has this right.

It depends on whether the other heirs agree. Moreover, even if it is rented out, the rent should be jointly owned by all the heirs.

This issue is that there are multiple heirs, one of whom does not have the right to rent out the property alone, and it should be handled by the heirs through joint negotiation.

A does not have the right to rent out the house, because the property right of the house is not A's, so it cannot be issued by going to the tax department to issue an invoice.

One person can't call the shots. Everyone discussed and decided.

The tenant dies and the rental cannot be inherited. Under normal circumstances, after the death of a tenant of public housing, the house cannot be inherited and divided as the property of the tenant, and its owner is the state or the collective, although it cannot be inherited as property, the law stipulates that the tenant can continue to rent it by the same tenant or other relatives, which is the inheritance of the tenant right of public housing in the actual sense.

What is the process of property inheritance:

1. Go to the registration information and verification agreement window to go through the information registration and agreement verification procedures;

2. Go to the real estate appraisal window to go through the appraisal procedures;

3. Go to the notary window to go through the notarization procedures;

4. Go to the private transaction window to go through the transaction procedures;

5. Pay stamp duty at the deed tax and stamp duty window;

6. Go to the property right registration and issuance window to go through the procedures for changing the name of the "House Ownership Certificate".

[Legal basis].Article 30 of the Measures for the Administration of Public Rental Housing.

If the lease expires and needs to be renewed, the lessee shall apply to the municipal and county-level people's housing security department 3 months before the expiration of the lease.

The municipal and county-level departments in charge of people's housing security shall, in conjunction with relevant departments, review whether the applicant meets the requirements. If the conditions are met, the lease shall be renewed and the lease renewal contract shall be signed.

Tenants who fail to submit an application for lease renewal in accordance with the provisions shall vacate the public rental housing upon the expiration of the lease period; If they refuse to vacate the public rental housing, the owner of the public rental housing or the operating unit entrusted by it may file a lawsuit with the people's court to demand that the tenant vacate the public rental housing.

Article 31.

The tenant shall vacate the public rental housing under any of the following circumstances:

1) Submit an application for renewal but do not meet the renewal conditions after review;

2) During the lease period, other housing is acquired through purchase, donation, inheritance, etc., and no longer meets the conditions for public rental housing allocation;

3) During the lease period, other affordable housing is rented or purchased.

If the tenant has any of the circumstances provided for in the preceding paragraph, the owner of the public rental housing or the operating unit entrusted by it shall arrange a reasonable relocation period for the tenant, and the rent during the relocation period shall be paid in accordance with the amount of rent agreed in the contract.

If the public rental housing is not vacated at the expiration of the relocation period, and the tenant does not have other housing, the rent shall be paid according to the market; If the tenant has other housing, the owner of the public rental housing or the operating unit entrusted by it may file a lawsuit with the people's court to require the tenant to vacate the public rental housing.

1. The inheritance of real estate should first go to the notary office of the inherited real estate to handle the notarization of real estate inheritance, and then go to the real estate transaction center to go through the real estate inheritance procedures.

2. Inheritance notarizationInheritance notarization requires two certificates and two certificates.

1. Go to the police station to which the decedent belongs to issue the decedent's death certificate;

2. Go to the deceased's unit (or neighborhood committee or village committee) to issue a certificate of heirs;

3. Proof of identity of the heir;

4. The inherited real estate certificate or other supporting documents. If there is more than one legal heir and the property is transferred to only one of them, the written consent of the other person is required to renounce the inheritance of the property.

5. The will made by the deceased before his death (in the case of testamentary succession).

3. Go to the real estate transaction center to handle the materials required for real estate inheritance.

1. Certificate of house ownership;

2. Inheritance notarization;

3. ID card and copy of the heir;

4. Application for house ownership registration (received at the reception window). Note:

a. If the housing is renovated and the affordable housing is inherited, it is also necessary to provide the "Review of Housing Reform and Sale" and the "Application Approval Form for the Listing of Purchased Housing" (received at the receiving window);

b. If the heir cannot handle it in person, the power of attorney or notarial certificate and the trustee's ID card and copy shall be submitted;

c. If the court judgment is made, the court judgment and the notice of assistance in enforcement shall be submitted;

d. If the heir is a minor, the original and copy of the guardian's ID card must be submitted.

4. Required fees.

1. Inheritance notary feeThe inheritance notary fee shall be charged according to 2 of the appraisal price of the real estate inherited by the heir or 2 of the beneficiary amount, with a minimum of not less than 200 yuan.

2. The total amount of the subject matter (10,000 yuan) of the real estate value appraisal fee grade (10,000 yuan) is based on the document of 1100 (including 100) 5 Beijing price (house) word 1997 No. 419, above 2021 to 10002 531001 above 20211, above 542021 to 50000 855001 above 80000 468001 above 100000

3. The real estate inheritance and transfer tax is composed of the contract stamp duty of 0 05 yuan, the registration fee of 100 yuan, and the warrant stamp duty of 5 yuan.

4. The legal heirs of the deed tax inherit the real estate and are exempt from paying the deed tax; If the non-statutory heir inherits the ownership of the house according to the will, he or she is required to pay the deed tax1 5.

Legal Analysis: The house can be rented out after the death of the property owner. If the rental contract has been signed, it shall continue to be performed, and the change of ownership shall not affect the lease relationship that has been established, and if the rental contract has not been signed, the lease shall be implemented after the inheritance registration and transfer of the house.

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

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.

Article 725 The change of ownership of the leased property during the period of possession of the lessee in accordance with the lease contract shall not affect the validity of the lease contract.

Article 1123: 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.

It can be inherited by more than one person, but inheritance is also divided into different situations. If the old nucleus person leaves a valid will or bequest agreement designated for another person to inherit, the children cannot inherit again. If the old man does not leave a will or bequest agreement, or although there is a will or bequest agreement, but the will or bequest agreement does not meet the prescribed conditions and is confirmed to be invalid, then the legal inheritance will be taken, and multiple children can inherit at the same time, and the same inheritance rights as the children, as well as the old man's wife and parents who were still alive at the time of death.

Property inheritance regulations.

When the property owner dies, the house needs to be inherited first, and the inheritance of the house needs to pay attention to the inheritance effect, and the bequest and maintenance agreement has the highest effect.

The size of the inheritance effect is: legal inheritance.

1. Bequest and maintenance agreement: It is an agreement for the dependents to bequeath the property to the dependents, which has the highest legal effect and should be applied first.

2. Testamentary succession: According to the requirements of the will left by the testator during his lifetime, the estate will be designated to be inherited by the legal heirs.

3. Legal inheritance: the first order is spouse, parents, and children; The second order is siblings, grandparents, and maternal grandparents.

Note: The share of inheritance inherited by the legal heirs in the same order shall generally be equal, unless otherwise provided by law.

Procedures for the transfer of ownership of inherited property.

1. Cancellation of household registration:

The first step in inheriting the property is to prove that the decedent has died, if the decedent dies due to illness, the hospital will issue a "Medical Certificate of Death", and the heir can bring this certificate and the valid ID card of the decedent to the local police station to cancel the identity.

2. Housing appraisal:

The heirs should find the corresponding authoritative housing appraisal department to evaluate the market value of the house to be inherited, and the evaluation is mainly carried out from the age, floor, location, etc. of the house.

3. Inheritance notarization:

After the house is appraised, take the appraisal report to the notary office where the house is located to handle the inheritance notarization, and the heirs need to bring the following information with them: the death certificate of the decedent, the original will of the decedent, and the list of legal heirs issued by the legal authority. In life, handling inheritance notarization is the easiest place for a family to have disagreements, especially when there is more than one heir.

4. Handle the registration of housing transfer

After the applicant has completed the notarization of the inheritance right of the mountain reputation, he can go to the local housing management department to collect and fill in the transfer application form. When handling the inheritance transfer, there are many documents that need to be carried, including the identity document of the heir (including the spouse), the original real estate certificate and the notarial certificate of inheritance. It should be noted that if it is inherited by will, you also need to bring a notarial certificate of will.