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1. First of all, please explain: This house was jointly purchased by your grandparents? Is your grandfather still around? This is important.
2. If it was bought by grandparents together, your father wanted to inherit it all:
1) If your grandfather is still alive: let your grandparents write a gift agreement together, donate the house to your father, and then go to the housing authority to handle the transfer and transfer to your father's name, and there will be no trouble in the future.
If you want to be inherited by your father after your grandparents are 100 years old: let your grandparents jointly write a will for your father to inherit the house and go to the notary office for notarization. The risks are:
If one day your grandparents repented and made a notarized will with contradictory contents, your father's will will become invalid and the house may not be obtained.
2) If the grandfather has passed away: half of the house will be divided among the grandmothers, and the other half will be inherited by the grandmother and the four children as the grandfather's inheritance, each with 1 10. I want to give the house to your dad:
You need to have your grandmother's will, the notarized statement of the other three children renunciating the inheritance, or the signature they agree to transfer your signature to your father after you compensate their corresponding share of the price, the procedure is: if they agree to give up the inheritance, you can go to the notary office to do the notarization of the renunciation of inheritance, and then go to the housing authority to handle the transfer with the notarial certificate, the gift agreement that your grandmother agreed to give your father her share before her death, and the will inherited after her death; If one party does not agree, it can only be resolved by suing in court.
3. If your grandfather has passed away and the property was purchased by your grandmother after your grandfather's death: what to do with the house, your grandmother alone has the final say, and has nothing to do with other children:
1) If you want to give your dad now: ask your grandma to write down the gift agreement and bring your grandma's ID card, real estate certificate, and your dad's ID card to the housing authority where the property is located to handle the transfer.
2) If you want to wait for your grandmother to inherit it after a hundred years: My grandmother wrote a will that the property will be inherited by your father alone, and it is best to do a certificate of conformity. Although according to the provisions of the Inheritance Law, self-written wills, written wills, recorded wills, etc. are valid, in practice, the housing authority generally requires notarization for self-written wills and written wills.
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If your father only wants to inherit by himself, you need your grandmother to make a will, designating your father as the heir to his real estate, and has nothing to do with others, otherwise, if your grandmother dies, there should only be a legal inheritance, your father, brothers and sisters have the right to inherit your grandmother's estate, signing the renunciation of the inheritance is voluntary, you can't force it, then everyone is unwilling to give the house to your father, then you can only inherit together, but there is a problem of more shares and less shares. Therefore, if you want to transfer this house to your father, you either need to apply for a gift property now, or you need to go through a will notarization, the first one will cost a little more, but you can transfer it to your father immediately, and the second is that you must wait for your grandmother to die, and your father will have the right to inherit, but the money spent is relatively small.
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If you can get other children to give up the inheritance, then you don't have to be so troublesome, you can directly discuss with your grandma and other children to let your grandmother make a will to leave the property to your father.
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1。Go to the real estate transaction center to go through the real estate procedures, and ask the brother to check there.
2。You had already been justified when you made your will, and your father had a mandate, but was your mandate notarized? If notarized, your father can have the right to this house**, if your father and brother and sister are very involved, you can ask a lawyer to coordinate, if you don't do it, you can go to the trading center where you can solve it.
3。A will is recognized.
4。Sign the confirmation form, which is not for them to confirm that the house belongs to your father, but to confirm that the house belongs to your father and they have the right to know.
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1. Although the property owner of the after-sales public housing is your brother's, the key is to see whether the purchase of the public housing meets the policy provisions and procedural requirements, that is, whether the consent of all the residents who are qualified to purchase the public housing at the time of purchase has been obtained. If you and your sister's household registration is not in this public housing when you buy it, you are not even eligible to buy it, let alone the property rights. As for your father, since he died before the purchase of the public housing, your father's interest in the public housing disappeared with his death, and you have no question of inheritance at all.
On the other hand, if your mother has sufficient evidence to prove that the purchase of the public housing was made without your mother's consent, your mother can sue the court to have the agreement to purchase the public housing invalid, but this is also subject to your mother's wishes. You and your sister do not have the right to file a lawsuit.
2. Because your mother has no property rights to the after-sales public housing, you have no right to claim any rights and interests in the after-sales public housing after your mother's death.
Free inheritance legal advice is available on the legal help network.
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Judging from what you said, you belong to a rural house, right?
The house was acquired after marriage, although your parents built it for you to get married before the marriage, but after the marriage, the real estate certificate was applied for, and it was deemed that your parents gave it to you and your husband and wife, unless it was clearly agreed that it was given to you by one person, if you only now show a written agreement or other documents to prove that your parents designated it as a gift to you, it may not be recognized. Therefore, it is the joint property of the husband and wife.
The homestead of a rural house cannot be bought or sold, but the homestead and the house cannot be separated, and it cannot be said that the house belongs to one person, and the homestead belongs to another person. As to the second question you raised, it is a gift to your husband and wife, which belongs to both of you and your husband and wife, and when it is divided, it will be divided together with the house.
When dividing an estate, half of the house is divided among you, and the other half is divided between you, your children, and your wife's parents.
Your child can inherit the estate of his grandparents by subrogation. Inheritance occurs only when the decedent dies. The agreement written now is not called the disposal of the inheritance, but a kind of gift, but the donor can revoke the gift before the gift of the property is delivered.
For the debts of your husband and wife, you can first repay the debts of your family with your family's property, and the part that cannot be repaid can be paid off by your wife's parents within the scope of the inheritance.
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Property Inheritance Procedure:
1) To go through the procedures for the transfer of the real estate certificate, go to the police station where the decedent's household registration is located to cancel the household registration and apply for a death certificate;
2) To handle the transfer of real estate certificate to the district or city notary office (the original export of commercial housing to the city notary office) for inheritance notarization, real estate inheritance is divided into two kinds: one is testamentary inheritance, the other is statutory inheritance.
3) To handle the registration of house transfer, the applicant is the heir or legatee.
The applicant shall submit the following documents to the registration authority: Application for Real Estate Registration (original), identity certificate (copy), certificate of real estate right (original), notarized document of inheritance or notarial certificate of will, notarial certificate of acceptance of bequest (original), deed tax payment certificate (original).
4) Bequests are different from statutory succession and testamentary succession, and they need to pay taxes.
The materials that need to be submitted are:
1. Death certificate of the decedent;
2. The property right certificate or other vouchers of the house are required for the transfer of the real estate certificate;
3. Household registration book or other documents that can prove the kinship between the deceased and the legal heir;
4. The identity document of the heir is required to handle the transfer procedures of the real estate certificate;
Other materials to be submitted for notarization of inheritance rights with a will: the will made by the decedent (the will must be a notarized will, and other forms of wills are not allowed because their authenticity cannot be determined).
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1. The share of the property in the father's name shall be inherited by the heirs in the first order of death upon death, i.e. his parents (if they are still alive), spouse and all children. 2. The inheritance part refers to: the share of the real estate in the father's name (the share attributable to the father's investment), or the equivalent amount, that is, the total value of the assessed market value of the property x the share of the father's investment.
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The father's part of the property belongs to the mother, who is the first heir.
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Father's parents, children, spouse have the right to inherit.
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The father's spouse, parents, and children have the right to inherit.
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In my opinion: 1. Your three children have the right to inherit the property, provided that the will is legal and valid, and the specific share is determined in accordance with the will; 2. For the real estate certificate issued by the housing authority, you should first apply for revocation, and then file a lawsuit to demand the other party to return the house, of course, the stepmother's capital contribution should be deducted.
Agree with the upstairs view.
1. Your three children have the right to inherit the property, provided that the will is legal and valid, and the specific share is determined in accordance with the will; 2. For the real estate certificate issued by the housing authority, you should first apply for revocation, and then file a lawsuit to demand the other party to return the house, of course, the stepmother's capital contribution should be deducted.
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1. Invalid.
2. The name on the real estate certificate is still valid, and whoever is in the name of the house is the property owner, and whoever has the ownership.
3. This house belongs to the marital property. But there is one thing you don't make clear, is your name on the house book? If not, your father and stepmother will be half in this house.
4. His children, spouse, and parents.
5. This question is not made clear.
6, one and a half.
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Only deed tax (and stamp duty (since it is not a sale, there is no business tax. Hold the real estate certificate and the party's ID card to the notary office for notarization. Then go to the Housing Authority (or the hall of the real estate trading center) to go through the transfer procedures with the above documents and notarial deeds.
There are conditions for inheritance, and those who meet the conditions are the same as gifts.
Hope my answer can help you! If you have any questions, please contact your friends directly!!
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