When my father passed away, is the property not in charge valid, and does it have any impact on the

The house is valid and will not affect the expropriation of the house.

According to the new "Regulations on the Administration of Urban Housing Demolition":

There are two types of circumstances in which the original property owner dies in the case of compensation for house demolition, and there are two situations, and the registration authority handles the handling of the ownership registration for him in different ways.

Where the original owner of the house has died before the demolition is carried out, the ownership has ceased to exist due to the loss of the subject of ownership. According to the provisions of the Inheritance Law, the inheritance has begun when the decedent dies, and the heir shall first go through the formalities of inheritance of the real estate, and the heir shall sign a compensation agreement with the demolition unit, and then go through the ownership registration procedures with the agreement.

If the original owner of the house did not die at the time of the demolition, but died after signing the compensation agreement, the situation is different, although the two parties have signed an agreement and the agreement is true and valid, its effect is the effect of a debt, and the house obtained by compensation has not yet obtained the effect of a real right before the ownership is registered.

However, it is obviously impossible to register the ownership according to the original agreement, because the original property owner can no longer be the subject of the right to the ownership of the house.

The compensation agreement signed by the parties to the demolition and relocation gives rise to a creditor's right, which is also a kind of property right and can also be the subject of inheritance. Therefore, the heirs of the original owner of the house can directly apply for ownership registration with valid inheritance certificates and demolition compensation agreements.

According to Article 29 of the Property Law, "if a real right is acquired by inheritance or bequest, it shall take effect from the beginning of the inheritance or bequest." ”

Therefore, since the property acquired by inheritance does not need to be registered, it is not necessary to go through the transfer procedure, but if the property is to be disposed of later, it must be registered in the name of the buyer first through a "double registration procedure".

According to Article 28 of the Property Law, "if the establishment, modification, transfer or extinction of a real right is caused by the legal documents of the people's courts, arbitration commissions or the expropriation decisions of the people, etc., it shall take effect when the legal documents or the expropriation decisions of the people's ** take effect." ”

Therefore, due to the legal documents of the people's courts, arbitration commissions or the expropriation decisions of the people, etc., there is no need to register.

The standard of inheritance house transfer fee is as follows: Inheritance transfer, documents required: 1. House ownership certificate 2, inheritance notarial certificate 3, copy of heir's ID card 4, heir application.

The taxes and fees paid are: 1Notary Fee:

The notary fee varies from place to place, and the fee for notarization of inheritance rights is 2% of the value of the inherited property. 2.Closing Costs:

The deed tax and stamp duty paid, the business tax and 1% individual income tax to be paid for the property less than five years, and the individual income tax and business tax are exempted for five years.

1. Not being a household means not getting the ownership of the property, only the right to use. If the property is demolished and requisitioned in the future, etc., there will be no compensation, and the transfer of ownership will not be done if you want to buy and sell;

2. There is only a maximum statute of limitations of 20 years, that is, the statute of limitations. If there is a dispute between the heirs due to the inheritance of the house and it is necessary to file a lawsuit in court to settle the dispute, the right to win the lawsuit will be lost after 20 years.

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. There are testamentary succession and statutory inheritance in real estate inheritance.

If the deceased did not leave a will during his lifetime, it must be handled in accordance with the legal inheritance. The documents required for the transfer are as follows:

1. Death certificate; If not, you can go to the police station where the deceased's household registration is located to issue a certificate;

2. Except for the heirs, other children have a written declaration of renunciation of inheritance rights;

3. The notarization fee for inheritance at the notary office is 2% of the appraised value of the property;

4. Go to the real estate bureau with the original real estate certificate, notarial deed, and heir's ID card to go through the inheritance and transfer procedures, and the fee is less than 1,000 yuan;

5. Go to the Land Bureau to handle the transfer of the land certificate with the new real estate certificate handled by the heir.

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.

Legal basis

Civil Code of the People's Republic of China

Article 1127 Inheritance shall be 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.

After the death of the parents, the property can be kept unowned, but there will be many risks, it is recommended to transfer the property in time to determine the property rights. The share of inheritance inherited by heirs in the same order shall generally be equal. Heirs who lack the ability to work who have special difficulties in life shall be taken care of when distributing the inheritance.

Heirs who have fulfilled the main obligation to support the decedent or who live with the decedent may receive more than one share of the inheritance when the inheritance is distributed.

If an heir who has the ability and the capacity to support does not fulfill his obligation to support, the inheritance shall be distributed without or less. Where the heirs agree through consultation, it may also be unequal. The title deed of the father's death suggests that the transfer should be carried out, and if the other heirs do not raise objections, the transfer will not be necessary, but it is better to transfer the ownership.

The law stipulates that 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. 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.

Extended information: The legatee shall make an indication of acceptance or renunciation of the bequest within 60 days after becoming aware of the bequest; If it is not indicated at the expiration date, it shall be deemed to have waived the bequest.

Legal basis: Article 13 of the Inheritance Law stipulates that the share of inheritance inherited by heirs in the same order shall generally be equal. Heirs who lack the ability to work who have special difficulties in life shall be taken care of when distributing the inheritance.

It is possible to temporarily not leave the real estate certificate after the death of the father, but in order to avoid disputes over the ownership of the property and inheritance disputes, it is best for the heirs to go to the housing registration authority to handle the transfer registration of the house, and the house has the effect against the third party after registration.

Legal basisArticle 14 of the Interim Regulations on the Registration of Immovable Property.

Where an application for registration of immovable property is made for sale, creation of mortgages, etc., both parties shall jointly apply. 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;

Article 16 of the Interim Regulations on the Registration of Immovable Property.

The applicant shall submit the following materials and be responsible for the authenticity and clarity of the application materials:

1) Application for registration;

2) The identity certificate of the applicant and the first person, Bi Huaitong materials, power of attorney;

4) Materials such as the site, spatial boundaries, and area of immovable property;

5) Explanatory materials on the interests of others;

6) Other materials provided for by laws, administrative regulations, and detailed rules for the implementation of these Regulations.

The immovable property registration authority shall disclose the information such as the catalogue of materials and model texts required for application for registration in the office space and on the portal.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

Legal Analysis: If you do not leave the account for a long time, it may cause you to be very troublesome if you want to transfer the account in the future. Once the death certificate is lost, and one of the heirs passes away, and then you want to handle the transfer, there are more people involved, and more information needs to be provided.

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

Article 209 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 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.