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The heir needs to go through the inheritance notarization procedures before the transfer can be made. The inheritance of real estate should first go to the notary office to go through the notarization procedures for real estate inheritance, and then go to the real estate transaction center to go through the real estate inheritance procedures. Fees:
1. Transaction fee: 1 yuan per square meter.
2. Registration fee: 80 yuan for residential units.
3. The cost of the house ownership certificate: one copy is free, and each additional copy is charged 10 yuan.
4. Stamp duty: 5 yuan.
Materials to be submitted for inheritance notarization: real estate certificate; Land Certificate; Owner's file; Death certificate; All children's household registration and identity cards. Taxes and fees to be paid for inheritance notarization:
Real estate certificate transfer process: the parties should bring their ID cards, household registration books and house ownership certificates to the housing registration management department to apply for transfer registration; The housing registration management department shall review the application materials of the parties; The housing registration management department shall handle the transfer registration of eligible applications and issue the real estate register. The method of real estate certificate transfer is to sign the sales contract, deliver documents, pay taxes, pay taxes and transfer the ownership, and obtain the certificate.
Sometimes the procedures vary from region to region, for example, it is possible to pay taxes first and then submit the documents. Signing a sales contract refers to the negotiation and signing of a contract between the buyer and the seller together with the intermediary party (if any) on the real estate, delivery method, payment method, etc.
Matters needing attention to when handling inheritance notarization:
1.During the notarization process, all persons with inheritance rights must be present;
2.Minors (under 18 years of age) and persons with mental disabilities cannot renounce their inheritance rights;
3.The notarization of the estate requires the submission of the death certificate of the elderly, which can only be issued by the local police station, and if it is lost, it needs to be issued by the funeral home.
Legal basisCivil Code of the People's Republic of China
Article 210 The registration of immovable property shall be handled by the registration authority at the place 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.
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The cost of transferring the property after the death of the elderly person needs to be determined on a case-by-case basis.
If there are more than one heirs, it is necessary to divide them evenly and go to the notary office to go through the notarization procedures for the inheritance of the property. The fee standard is 1 yuan per square meter for the transaction fee, 80 yuan for the registration fee for the residence, and the production cost of the house ownership certificate is free of charge, and 10 yuan is charged for each additional copy.
If the inheritance of the property needs to go through the transfer procedures, you need to pay the relevant taxes and fees according to the local policy.
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Legal Analysis: There is a handling fee.
1. All the legal heirs of the homeowner (the elderly) negotiate collectively, select one of them as the heir of the property, and the others give up the inheritance.
2. Then bring the identity certificate, household registration book, housing right certificate, death certificate to the notary office to handle the notarization of real estate inheritance, pay 2% of the notary fee, and obtain the notarial certificate;
3. After that, the heir shall apply for change with the notarial certificate of inheritance of real estate, housing ownership certificate, ID card, etc., and obtain a new housing ownership certificate after paying the production cost, and then can buy and sell the transfer;
4. Within five years after the real estate certificate is changed to his child's name, he will pay 20% tax, which is personal income tax.
The transfer of the inheritance house requires the presence of all heirs, and if they are not present, they need to explain the situation and make a written statement to renounce the inheritance. The client can apply for the real estate certificate, but there needs to be a formal entrustment agreement. If it is not dealt with, it can only be resolved through litigation.
At that time, the transfer of ownership will be based on the judgment.
Legal basis: Article 1124 of the Civil Code of the People's Republic of China After the commencement of inheritance, if the heir renounces the inheritance, he shall make an expression of renunciation of the inheritance in writing before the estate is disposed of; If there is no indication, it shall be deemed to have accepted the inheritance. The legatee shall, within 60 days after knowing of the bequest, make an expression of acceptance or renunciation of the bequest; If it is not indicated at the expiration date, it shall be deemed to have waived the bequest.
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Legal Analysis:1Inheritance tax is required to inherit the inheritance of parents' estate, but to be precise, inheritance of real estate is divided into two types, one is legal inheritance and the other is testamentary inheritance.
Statutory inheritance is the passing and distribution of houses in the order of inheritance without a will. If there are two children, but the elderly only want to give the house to one of them, then it is necessary to make a will in advance to designate who will be the heir.
2.The fees involved in inheritance are mainly house appraisal fees and inheritance notary fees. The house appraisal fee is generally 5% of the appraisal price of the house, but at least $1,000 is charged for each case, which is the bottom line.
The notary fee for inheritance is carried out according to the appraisal price gradient, so it depends on the total value of the property and the relevant regulations.
3.However, it is worth noting that the real estate will must be notarized. To inherit the property of the parents, you need to bring the will, death certificate, household registration book and the ID card of the inheritor to the housing management department to go through the transfer procedures directly; If there is no will, other relatives with inheritance rights need to give up the inheritance right to the house, and they must go to the notary public to go through the inheritance notarization before they can go through the transfer procedures.
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) Inheritance or acceptance of bequests 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 situation changes, and the application for modification of registration is made;
5) The immovable property is lost or the right holder gives up the rights of the immovable property and applies for cancellation of registration;
6) Applying for correction of registration or objection to registration;
7) Other circumstances where laws or administrative regulations provide that a unilateral application may be made by the parties.
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Legal analysis: Inheritance real estate transfer, first go to the local notary office, handle the inheritance notarization, all the first order of the deceased heirs (spouse, children, parents) of the deceased together to the local notary office, handle the selection of the successor to the inheritance, if there is a waiver, sign the renunciation inheritance agreement, sign together for notarization. 2.
After obtaining the inheritance notary office, the selected heir will go to the housing management department to which the house belongs to handle the inheritance transfer. Reissue the title deed in the name of the heir. First:
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. Second: Inheritance notarization needs to bring good documents.
Third: inheritance notary feeThe inheritance notary fee is charged according to 2% of the appraisal value of the real estate inherited by the heir or 2% of the beneficiary amount, and the lowest is not less than 200 yuan. Fourth:
The legal heirs of the deed tax inherit the real estate and are exempt from the deed tax; Non-statutory heirs are required to pay deed tax if they inherit the ownership of the house according to the will.
Legal basis: Interim Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Rights
19th transfer of land use rights refers to the transfer of land use rights by land users, including **, exchange and gift. Where land is not invested in the development or utilization of land in accordance with the time limit and conditions stipulated in the land use right transfer contract, the land use right shall not be transferred.
Article 20 A transfer contract shall be signed for the transfer of land use rights.
Article 21 When the land use right is transferred, the rights and obligations contained in the land use right transfer contract and registration documents shall be transferred accordingly.
Article 22 The term of use of land used by land users obtained by way of transfer shall be the remaining years of use after the term of use of the land use right transfer contract minus the years of use of the original land user.
Article 23 When the land use right is transferred, the ownership of the above-ground buildings and other attachments shall be transferred accordingly.
Article 24 The owners or co-owners of above-ground buildings and other attachments enjoy the right to use the land within the scope of use of the buildings and attachments. When a land user transfers the ownership of above-ground buildings and other attachments, the land use rights within the scope of its use shall be transferred accordingly, except where the above-ground buildings and other attachments are transferred as movable property.
Article 25 The transfer of ownership of land use rights and above-ground buildings and other attachments shall be registered in accordance with the provisions of the transfer. The division and transfer of land use rights and the ownership of above-ground buildings and other attachments shall be approved by the municipal and county people's land management departments and real estate management departments, and the transfer registration shall be handled in accordance with the regulations.
Article 26 If the transfer of land use rights is significantly lower than the market, the people of the city and county shall have the right of first refusal. When the market for the transfer of land use rights is unreasonable, the people of the city and county may take necessary measures.
Article 27 After the transfer of land use rights, it is necessary to change the land use specified in the land use right transfer contract, it shall be handled in accordance with the provisions of Article 18 of these Regulations.
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Conclusion: It takes a few thousand dollars.
Analysis: 1. How to inherit and transfer the real estate after the death of the parents requires several thousand yuan. There are some expenses incurred for the inheritance and transfer of real estate, mainly the notary fees for the inheritance of real estate, the cost of house valuation and the taxes and fees for the transfer of real estate.
2. The notarization fee for inheritance rights shall be charged at 2% of the appraisal price of the real estate inherited by the heirs, with a minimum of not less than 200 yuan.
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Legal analysis: 1. After being sentenced to control, they should abide by laws and administrative regulations and obey supervision; 2. The right to freedom of speech, publication, assembly, association, procession, and demonstration shall not be exercised without the approval of the executive organs; 3. Report their activities in accordance with the provisions of the executive organ; 4. Comply with the regulations of the executive authority on receiving guests; 5. If you leave the city or county where you live or move to another place, you shall report to the executive authority for approval. 6. In addition, the court may, at the same time impose a sentence on controlled release, and at the same time prohibit the criminal from engaging in specific activities or entering a specific area or place during the enforcement period, according to the criminal's criminal circumstances.
Legal basis: Criminals sentenced to controlled release under Article 19 of Article 3 of the Criminal Law of the People's Republic of China shall comply with the following provisions during the enforcement period:
1) Comply with laws and administrative regulations, and obey supervision;
2) The right to freedom of speech, publication, assembly, association, movement, or demonstration must not be exercised without the approval of the enforcement organs;
3) Report on their own activities in accordance with the provisions of the enforcement organs;
4) Comply with the regulations of the executive organ on receiving visitors;
5) Leaving the city or county where they reside or relocating shall be reported to the enforcement organ for approval. Criminals sentenced to controlled release shall be paid equally for equal work in their work.
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