If the head of the household register passes away when selling the house, will it affect the sale of

Hukou and real estate certificate are two different things, the death of the head of the household does not affect the sale of the house, and the death certificate can be taken out when the transfer is made. Is it true that the house is not sold when a person dies?

There is no conflict with this, as long as the head of the household is not the legal person on the real estate certificate, the head of the household is the head of the family, and the name on the real estate certificate is the legal owner of the house, and the sale of the house has nothing to do with the death of the head of the household.

If the owner of a house dies, how can the house be sold? What can legal heirs and non-legal heirs do to legally sell a property? What should I do if I have not completed the inheritance formalities? If I am not the sole heir, can I still sell the house?

How do you sell a house as a sole heir?

The heirs need the county to notarize the property and state that they have the right to dispose of the house. After the transaction agreement is reached, the heirs go directly to the housing authority to handle the transfer of the property, transfer the property rights of the house to their own name, and then sell the house according to the normal steps of the second-hand housing transaction.

How do you sell a house if you are not the sole heir?

If the owner of the house himself dies, he must have the consent of all the heirs to get the consent of the house.

If there is no inheritance formalities, in a hurry to sign the contract, you can let all the heirs be present to sign the contract together, and the spouse agrees, but the best way is to go through the property rights inheritance procedures first, all the heirs are present, in any notary office can be handled, after the inheritance notarization is completed, the heirs can go to the construction committee with the notarial certificate to go through the renewal procedures, only after the change of the property owner, can go through the transfer procedures of the construction committee, that is, the next sale and purchase procedures.

The sale of the house has nothing to do with the household registration, and now that the head of the household has passed away and the household has been closed, it has no impact on the sale of the house.

Legal Analysis: The property can be bought and sold after the death of the owner. After the death of the owner, the property right of the house is transferred to his legal heirs, and the heirs inherit the property rights of the house from the time of the death of the decedent.

However, the immovable property right belongs to the doctrine of registration validity, and if it is not registered, it has no publicity effect, and the heir needs to register the inherited house in his name in order to successfully transfer the ownership of the house to the buyer. Therefore, after the death of the owner, the property right of the house is inherited and can be bought and sold, but the heir needs to register the property first. If the head of the household already has the real estate certificate, he needs to bring the real estate certificate and relevant documents to prove his identity, as well as the relevant documents and agreements of the transferee; Go to the housing authority to fill in the transfer procedures, and wait at the window to complete the formalities; After the application, the signature of the original head of household and the subsequent head of household is required to take effect.

Resettlement housing is a house built by resettlement, when urban road construction and other public facilities construction projects are carried out, and the demolished households are resettled. That is, the house that is demolished for urban planning, land development and other reasons, and resettled to the demolished person or tenant for residential use.

Legal basis: Article 6 of the Administrative Measures for the Leasing of Commercial Housing shall not be rented out under any of the following circumstances:

1) It is an illegal construction;

2) Failure to comply with mandatory standards for safety, disaster prevention and other engineering construction;

3) Changing the nature of the use of the house in violation of regulations;

4) Other circumstances where laws and regulations prohibit rental.

Article 209 of the Civil Code 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 217 The certificate of ownership of immovable property is proof that the right holder enjoys the right to the immovable property. The matters recorded in the certificate of ownership of immovable property shall be consistent with the immovable property register; In the event of inconsistencies in the records, the immovable property register shall prevail unless there is evidence to prove that there is an error in the immovable property register.

It works. If the head of the household dies and there are still other family members in the household register, the head of the household may be replaced. After the change of head of household, the household registration book can continue to be used and is still valid.

Therefore, after the death of the head of the household, the household register will continue to be valid after the replacement of the head of the household on the original household register. The order of change is spouse first and children second.

1. Handling conditions: In any of the following circumstances, you can apply for a change of household head.

1) The original head of the household is deceased;

2) The original head of household has been declared missing or dead by the people's court; Survey.

3) The original head of household has gone abroad (outside the territory) to settle down or has become a foreign national;

4) The original head of household has moved out;

5) The ownership or right to use the house is transferred, and the current owner or user of the house believes that it needs to be changed;

6) Adults in the household and the owner of the house apply for change through consensus;

7) The head of household should be changed for other special reasons.

2. Procedures:

1) Household registration booklet;

2) Resident ID card of the new head of household;

3) The written opinion of the adult in the house and the owner of the house through consultation.

3. Handling procedures and time limit: handle it on the spot at the household registration window of the police station.

If the head of the household dies, the head of the household needs to be changed, so that the family cannot become a black market hukou, and the head of the household can be changed if the head of the household dies. This needs to be handled by the Public Security Bureau.

The household registration book has the legal effect of proving the status of citizenship and the mutual relationship between family members, and is the main basis for the household registration authorities to conduct household registration investigation and verification. When the staff of the household registration authority conducts household registration investigation and verification, the head of the household or the member of the household shall take the initiative to submit the household registration book for inspection.

The head of the household shall keep the household registration book properly, and it is strictly forbidden to alter, transfer or lend it without permission. If there is any loss, it must be reported to the household registration authority immediately.

The right to register in the household register belongs to the household registration authority, and no other unit or individual may make any record in the register.

If there is an increase or decrease in the number of personnel or any change in the registration items, the household registration shall be reported to the household registration authority with the household registration booklet.

If the entire household moves out of the jurisdiction of the household registration, the household registration book shall be cancelled to the household registration authority.

Legal basis. Article 8 of the Household Registration Regulations.

In the event of a citizen's death, the head of the household, relative, guardian or neighbor shall report the death registration to the household registration authority and cancel the household registration within one month before the burial in the urban area and within one month in the rural areas. If a citizen dies in his or her temporary place of residence, the household registration authority of the place of temporary residence shall notify the household registration authority of the place of permanent residence to cancel the household registration. If a citizen dies as a result of an accident or the cause of death is unknown, the head of the household or the person who discovered it shall immediately report it to the local public security police station or the township or town people's committee.

After the original head of the household register is replaced, the household register is still valid. After the death of the head of the household, other members or other relatives on the household registration book shall hold: the household registration book; Identity card; The "Medical Certificate of Death" or "Death Certificate" of the head of the household shall go to the household registration office of the police station where the household registration is located to cancel the household registration of the head of the household and confiscate the resident ID card.

After the household registration of the head of household is cancelled, it will not affect the household registration of the household members.

Article 17 of the Regulations of the People's Republic of China on Household Registration.

If the contents of the household registration need to be changed or corrected, the head of the household or the person himself shall report to the household registration authority; The household registration authority shall make changes or corrections after verifying the facts. Slippery.

If the head of the household dies, the rights and interests of the household registration are invalid and there is no legal protection.

Go to the household registration section of the police station to change the head of the household.