How to buy and sell the property inherited by one parent after the death of the other parent?

1) Inheritance and transfer are the most cost-effective: Among the three transfer methods of sale, gift and inheritance, inheritance is the most economical and fastest way, because China has not yet levied inheritance tax.

You only need to pay the notary fee for the inheritance transfer, and other taxes and fees are exempt. Since inheritance can only be achieved in the event of the death of one of the parents, many parents do not consider this route for the time being. Of course, there are also parents who think far ahead and plan to write a will to leave the property to their children.

2) The transfer of real estate within five years is more cost-effective: According to the national policy, parents donating real estate to their children are exempt from business tax and personal income tax.

Only the notary fee and deed tax of 2% of the total price of the house can be paid. However, although there is no notary fee for the sale and transfer, the following taxes must be paid in addition to the deed tax:

1. Business tax shall be levied when the house is purchased for less than five years and the house with an area of more than 140 square meters is sold and transferred.

2. If the house has been purchased for less than five years or the house has been purchased for more than 5 years but is not a family house, individual income tax shall be levied when the house is transferred.

3) More than five years of real estate purchase and transfer is more cost-effective: According to the national policy, if the real estate has been purchased for more than five years, it is exempt from business tax and personal income tax, and only needs to pay deed tax, which is less than the gift transfer to pay a fair fee.

For the purchase of a house for more than five years, it is exempt from business tax when it is resold, and if the house is a family property, it is not only exempt from business tax, but also exempt from personal income tax. If it is a house within five years or choose to donate the transfer of ownership is more cost-effective, parents can consult the real estate management department when handling the transfer, and choose a suitable way to transfer the house to their children.

Property inheritance. What are the conditions.

1. If the decedent does not die, the inheritance relationship will not occur, and only after the death of the decedent, the inheritance right.

will become a vested right. To realize the right of testamentary succession, there must be a legal will made by the decedent and the decedent has died, otherwise the testamentary succession relationship will not occur. If the parents are still alive, their children cannot inherit the real estate.

It is okay for parents to donate their property to their children if they wish, but this kind of behavior is called a gift during life, not an inheritance.

2. The inheritance obtained by the heir in accordance with the law must be the legal property owned by the deceased during his lifetime or other legal property rights and interests that can be inherited in accordance with the law. It is not possible to put the joint property of the family or the joint property of the husband and wife.

and partnership property to be inherited as an inheritance without division. All illegally acquired property does not belong to the inheritance and may not be inherited.

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

Article 209 [Effect of Registration of Immovable Property Rights] The creation, alteration, transfer and extinction of immovable property 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 657: [Definition of Gift Contract]A gift contract is a contract in which the donor gives his property to the donee free of charge, and the donee expresses his acceptance of the gift.

When one of the parents dies, the other parent inherits the property as long as it has one name of the husband and wife, because it belongs to the joint property of the spouse. He can buy and sell! This is done as long as you go through the normal buying and selling procedures.

You can go to the local real estate agent or the place where the property tax is paid to consult and ask how to operate!

1. How to inherit the property after the death of one of the parents.

1. The inheritance of real estate after the death of one parent is generally distributed in the following order:

1) If there is a bequest and maintenance agreement, inheritance and distribution shall be carried out according to the bequest and maintenance agreement;

2) If there is no bequest and maintenance agreement, but there is a will, the inheritance and distribution shall be carried out according to the will;

3) If there is no bequest and maintenance agreement and there is no will, the inheritance distribution shall be carried out in accordance with the order of statutory succession.

2. Legal basis: Article 1127 of the Civil Code of the People's Republic of China.

The estate is inherited 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.

2. What are the specific steps of property inheritance?

The specific steps of property inheritance are:

1. Housing appraisal: First of all, the market value of the house must be evaluated by the appraisal company;

2. Inheritance notarization: The applicant shall go to the notary office where the house is located to handle the inheritance notarization and receive the inheritance notarial certificate;

3. Housing surveying and mapping: The applicant must apply to the real estate surveying and mapping department for the surveying and mapping of the housing area or the transfer of the formalities, and receive the surveying and mapping results or drawings in order to go through the property rights registration procedures;

4. Inheritance registration: The applicant shall apply for inheritance registration procedures at the real estate trading center with real estate ownership certificate, inheritance notarial certificate, housing surveying and mapping and other certificates.

Inheritance method of the property of one of the parents after death: If the property is the joint property of the husband and wife, half of the joint property shall be divided into the spouse's possession, and the rest shall be the inheritance of the decedent, and the amount of the inheritance shall be calculated. Then, the scope of heirs is confirmed according to the order in which bequest and maintenance is better than the will, and the will is better than the legal inheritance.

Finally, the inheritance is divided equally among the heirs. If the property is the personal property of one party, it does not need to be distributed in advance, and it is handled directly in the above order.

[Legal basis].Article 1122 of the Civil Code of the People's Republic of China.

An estate is a personal legal property left behind by a natural person upon his or her death.

An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.

Article 1123.

After the commencement of inheritance, 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 1153.

Unless otherwise agreed, when dividing the property jointly owned by the husband and wife, half of the jointly owned property shall be divided into the spouse's property, and the rest shall be the inheritance of the decedent.

Where the inheritance is in the common property of the family, the property of others shall be divided first when the inheritance is divided.