Detailed rules for the implementation of the law on inheritance of house heritage

The property inheritance law is an act of transferring the property left by the decedent to the heir in accordance with the provisions of the inheritance law. It is a way of real estate transfer. However, this transfer mainly refers to the transfer of land use rights or housing ownership, rather than directly reflecting commodity relations. Inheritance is a legal system, and inheritance relations can only occur under certain conditions.

First, inheritance should occur after the death of the decedent (the person who left the property in the inheritance of real estate).

This is the first condition of inheritance. Some property owners give their property rights to their heirs before their death, for example, to one or all their children, in order to avoid future disputes between their heirs. This is also a legal act, but it is not inheritance, because inheritance has not yet begun, but a gift from them before their death.

Two, the person who inherits the estate shall be the legal heir of the decedent, that is, the heir who can be the heir according to the law.

This is the second condition of inheritance. If the decedent makes a will, transferring the property to someone other than the legal heir, or donating it to the state or the collective, it is also a way for the decedent to dispose of the estate, but this is not inheritance, but bequest.

Three, the inheritance should be the property owned by the decedent before his death. This is the third condition of inheritance. Some property belongs to * * *, such as * * jointly owned by husband and wife. When one party dies, not all the property becomes an inheritance.

At this time, the property right should be divided into the share of the decedent's spouse (unless otherwise agreed, half of the property share should be divided) and then inherited.

After the beginning of inheritance, it shall be handled according to legal inheritance: if there is a will, it shall be handled according to the will inheritance or bequest; If there is a legacy support agreement, it shall be handled in accordance with the agreement. After the death of the decedent, if he made a will before his death, or signed a bequest and support agreement with social organizations or individuals, he should first dispose of the estate according to the contents of the will or bequest and support agreement. If there is no will or agreement, it shall be treated as legal inheritance.

Statutory inheritance shall be carried out by the heirs in accordance with the order and share of inheritance prescribed by law. The legal heirs stipulated in the inheritance law are: spouse, children, parents, brothers and sisters, grandparents and grandparents.

The succession order refers to the succession order of the above-mentioned heirs. Inheritance law divides heirs into two inheritance orders:

First order: spouse, children, parents;

The second order: brothers and sisters, grandparents, grandparents.

After the inheritance begins, the successor in the first order will inherit first, and the successor in the second order will inherit if there is no heir in the first order (including those who have no heir in the first order and all give up or lose their inheritance rights).

Inheritance share means that when heirs in the same order inherit the estate, the share is generally equal. People with special difficulties, minors, and heirs who lack the ability to work and have no source of income should be taken care of and more inheritance should be properly distributed.

For heirs who have the ability and conditions to support, if they fail to fulfill their obligations, they should not be divided or divided in the distribution of the estate. After consultation, the heirs can distribute the inheritance evenly or unevenly, which is particularly important in real estate inheritance.

The heir's right of inheritance can be lost due to the following acts of the heir:

1, intentionally killing the decedent;

2. Killing others in order to compete for inheritance;

3. Abandoning the decedent or seriously abusing the decedent;

4. Forging, tampering with or destroying a will, if the circumstances are serious.

The inheritance and division of real estate is different from other property. Although real estate can be divided, this division is limited, such as not dividing a house into many parts. In this case, it can be taken as the property owned by * * * and inherited by the successor * * *.

If subdivision is needed, the pricing subdivision method can be adopted. There are two forms of real estate inheritance: one is legal inheritance, that is, the deceased did not explain or make a will before his death, so the order of inheritance is carried out according to the procedures prescribed by law; The other is testamentary succession, that is, the deceased left a clear will and instructions before his death, indicating who the inheritance will be left to after his death.

1. Apply for property right transfer registration when inheriting the property.

The following documents should be submitted when applying for real estate inheritance and transfer: ① application; 2 heir identity card; ③ Original title certificate; ④ Death certificate of the decedent; (5) Inheritance certificate and notarial certificate.

2. The method of dividing the house heritage.

The division of house heritage is different from the division of other properties, because houses are real estate and cannot be moved at will, or because there are many heirs who are difficult to divide, or because the structure of house heritage itself is difficult to divide. If forcibly divided or partitioned, the utility of the house may be damaged, resulting in normal use of production or inconvenience to life.

Therefore, if it is objectively feasible to divide the house heritage, and it does not damage the utility of the house or affect the production and life, it can be divided. For houses that are not suitable for division, the following two methods can be adopted:

1, discount compensation method. Generally belonging to residential users, according to the heirs should inherit the share of housing heritage discount compensation. Housing pricing standards can be determined by the heirs themselves through consultation, or according to the evaluation standards of private houses stipulated by the local people's government and with reference to local market prices.

2. * * * There are methods. The heir may also agree that the estate house shall be jointly owned by * * *, which may be shared by shares or * * *. In the division of housing heritage, we should try our best to adopt the method of discount compensation. Some methods do not completely solve the dispute and should be used as a supplement to the first method. For example, the discount party cannot afford the discount because of its financial ability, and the contradiction can also be reduced by adopting the method of * * *.

Extended data:

operation sequence/order

Property inheritance should be notarized at the notary office first, and then at the real estate trading center.

First, how to handle the notarization of real estate inheritance

There are two kinds of real estate inheritance, one is testamentary inheritance and the other is legal inheritance. If the deceased did not leave a will before his death, it shall be handled according to legal inheritance. To open a notarial certificate in a notary office, you need to bring two certificates:

1. Go to the police station to get the death certificate of the deceased.

2. Housing property certificate or other supporting documents;

3, to the deceased's unit (or neighborhood committee, village committee) to open the legal heir certificate. The contents mainly include the names of the deceased's spouse, parents and children and whether the deceased's parents have passed away.

4. If there is more than one legal heir, and the property is only transferred to one of them, the other person shall give up the property inheritance with written consent.

5. The identity certificate of the heir.

Two, to the real estate trading center for real estate inheritance procedures and fees.

(a) the information to be submitted for the inheritance of real estate

1, house ownership certificate;

2. Inheritance notarization;

3, the heir's identity card and a copy;

4. Application for registration of house ownership (accepted at the acceptance window).

note:

A, inherit the housing reform and affordable housing, but also need to provide the "housing reform and sale price audit" and "purchase of housing listing application approval form" (in the acceptance window to receive);

B. If the successor can't handle it in person, submit the power of attorney or notarial certificate, the trustee's ID card and a copy;

C. If the court makes a judgment, it is necessary to submit a court judgment and a notice of assistance in execution;

D. If the heir is underage, submit the original and photocopy of the guardian's ID card.

(II) Flow chart: The real estate trading center receives the form at the acceptance window-pays the fee at the charging window-delivers the document at the acceptance window-and receives the certificate at the issuing window.

(3) charging standards

1. Transaction cost: 1 yuan/square meter.

2. Registration fee: residential 80 yuan/set.

3. Cost of building ownership certificate: make one copy for free, and charge 10 yuan for each additional copy.

4. Stamp Duty: 5 yuan/Ben.

(four) to receive the real estate license, you need to carry documents.

1, paid invoice;

2. the identity card of the heir;

3. List of receipts.

Note: The property owner is required to be present when obtaining the property right certificate. If the property owner cannot be present, a power of attorney or notarial certificate shall be submitted.

Inheritance program

1, the original death certificate of the decedent

2. Original property certificate of the decedent.

3. The resume issued by the decedent unit can prove the relationship with the heir.

4. Heir's ID card

Notarial materials

(1) Materials to be submitted for notarization of testamentary succession:

1, decedent's death certificate (notarized for export houses);

2. House property certificate or other supporting documents (notarized for export houses);

3, household registration book or other documents that can prove the relationship between the decedent and the legal heir (the original export house needs notarization);

4. The will made by the decedent (the will must be notarized, and other forms of wills are not adopted for the time being because their authenticity cannot be determined);

5. The identity certificate of the heir (the original export house shall be notarized);

6. Other documents required by the notary office.

(2) The materials to be submitted for notarization of intestate inheritance right:

1, decedent's death certificate (the original exported house needs notarization);

2. Property right certificate or other documents of the house (the original export house shall be notarized);

3. Household register or other documents that can prove the kinship between the decedent and the legal heir (notarized for export houses);

4. The identity certificate of the heir (the original export house needs to be notarized);

5. Documents required by other notary offices.

Baidu encyclopedia-real estate inheritance