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A house can be inherited without a title deed. When inheriting a house without a real estate certificate, as long as there is a dispute, then it can be sued by the people's court of the jurisdiction where the defendant is located. Even in rural areas, most of the houses do not have title deeds, but these houses can be inherited.
According to the provisions of the Civil Code, inheritance is the personal legal property left by a natural person when he or she dies. It can be seen that a house can be inherited without a title deed.
Legal basis] Civil Code of the People's Republic of China Article 1122 An estate is a personal lawful property left behind by a natural person when he or she dies.
An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.
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OK. A certificate of no house is just proof that you don't own a house. If the old man's house dies, the inheritance of the children is in accordance with the inheritance law and can be inherited, and the children themselves can also inherit the property of their elders if they have a house.
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You have opened a certificate of no house in the local area, which can only be because you do not have a real estate certificate in your personal name, and it has nothing to do with your inheritance of the old house, and the old house should have your inheritance right, but you can only inherit your own share.
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It is precisely because there is no property that the certificate of no house is issued. There is no property until you come to the certificate of no house. The inheritance of real estate is a right granted by law and will not be extinguished under any circumstances.
This has nothing to do with whether or not there was a property before. It can be seen that after opening a certificate of no house, he can still inherit the house in his hometown.
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1. A house that only has the right to use.
Such as central production housing, military production housing, public rental housing, etc. Since this type of housing has a strong policy, whether it can be inherited mainly depends on the policy regulations.
2. A house that only has the right to use, but can be inherited.
There are some central maternity houses, military maternity houses, etc., which cannot be listed and traded, although there is only the right to use, but the policy allows inheritance. Of course, the inheritance can only be the right of use, that is, the heirs of the deceased jointly have the right to use the house. Therefore, there may be the question of how multiple heirs can exercise the common right of use fairly, reasonably and amicably.
3. Houses that only have the right to use, but cannot be inherited.
A typical example of this type of housing is public rental housing. Public rental housing is leased in nature, and citizens do not have ownership of the rented housing, and the right to use it cannot be inherited.
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If you open a certificate of no house, it means that you don't have any real estate, so you can't inherit your hometown house, because the house is no longer yours.
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Inheriting real estate is a right granted by the Civil Code, which has nothing to do with whether there is real estate before, as long as you are the legal heir, you can inherit the house in your hometown. Proof of property is generally required when buying a property, which is different from inheriting a property.
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This is related to the laws of the country, depending on whether you are eligible for inheritance, and the provisions are very complicated.
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The house in your hometown belongs to your private property, and you don't need to open a certificate of no house, and the house in your hometown is always yours.
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Inheritance is your right. Whether there is a house or not does not affect the inheritance of family property.
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I believe that whether you have a house or not, you can inherit the house in your hometown, which is a right given to you by law.
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As long as the old man dies, the children have the right to inheritance, house and property.
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Inheritance has nothing to do with whether you have a house or not.
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It is recommended that you consult the Civil Affairs Bureau in your hometown.
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Legal Analysis: Yes. When a house without a property ownership certificate is inherited, a dispute can be sued in the court, and most of the houses in rural areas do not have a property ownership certificate, but these houses can also be inherited.
Legal basis: Civil Code of the People's Republic of China
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.
Article 1127 Inheritance shall be in the following order: (1) first order: spouse, children, parents; (2) Second order:
Siblings, grandparents, maternal grandparents. After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir, the second-order heir shall inherit. For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren.
For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship. The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.
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