New rules for inheritance of house heritage 2022
In 2022, the new regulations on inheritance of housing heritage are as follows:
1, inheritance should occur after the death of the decedent (the person who left the property in real estate inheritance).
This is the first condition of inheritance. Some property owners, in order to avoid disputes that may arise in the future when heirs compete for real estate, hand over their property rights to their heirs, such as one or all their children, before they die. 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.
The person who inherits the estate should 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.
Legacy is all the property of 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.
Article 127 of the Civil Code of People's Republic of China (PRC)
Inheritance is carried out in the following order:
(1) First order: spouse, children, parents;
(2) The second order: brothers and sisters, grandparents and grandparents.
After the inheritance begins, the successor in the first order inherits, and the successor in the second order does not inherit; If there is no successor in the first order, it is inherited by the successor in the second order.
The children mentioned in this part include children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency.
The parents mentioned in this part include biological parents, adoptive parents and step-parents with dependent relationship.
Brothers and sisters referred to in this part include brothers and sisters of the same parents, half-brothers, adopted brothers and sisters, and stepbrothers and sisters with dependent relationship.
New rules of property inheritance in 2022
New rules of property inheritance in 2022
In 2022, the new regulations on inheritance of parents' property stipulated that inheritance could only begin after the decedent died. The inheritance right stipulated by law is a kind of expectation right. Look at the new rules of property inheritance in 2022.
New regulations on property inheritance in 2022 1
1. Inheritance must begin after the death of the deceased. The inheritance right stipulated by law is only a kind of expectation right enjoyed by heirs. When the decedent does not die, the inheritance relationship does not occur, and the right of inheritance becomes a vested right only after the decedent dies;
2. To realize testamentary succession, the decedent must have a legal will before his death, and the decedent has died. Otherwise, testamentary succession will not happen. If the decedent has a will, he will inherit the estate according to the will.
legal ground
People's Republic of China (PRC) Civil Code
Article 127 The inheritance shall be inherited in the following order:
1, first order: spouse, children, parents;
2, the second order: brothers and sisters, grandparents, grandparents. After the inheritance begins, the successor in the first order inherits, and the successor in the second order does not inherit; If there is no successor in the first order, it is inherited by the successor in the second order. The children mentioned in this part include children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency.
The so-called parents, including biological parents, adoptive parents and adoptive parents. Brothers and sisters referred to in this part include brothers and sisters of the same parents, half-brothers, adopted brothers and sisters, and stepbrothers and sisters with dependent relationship.
New regulations on property inheritance in 2022 II
1. What are the new rules for inheritance of parents' property?
(1) Inheritance must begin after the decedent dies. The inheritance right stipulated by law is only a kind of expectation right enjoyed by heirs. Inheritance does not happen until the decedent dies, and the right of inheritance becomes a vested right only after the decedent dies.
To realize the testamentary succession, the decedent must have a legal will before his death and the decedent has died, otherwise there will be no testamentary succession. If parents are alive, their children can't inherit the property. It is ok for parents to give property to their children, but this kind of behavior is called gift before death, not inheritance.
(two) the person who inherits the estate must be the legal heir of the decedent, that is, the legal heir or testator. The legal heirs determined by China's inheritance law are: spouse, children, parents, brothers and sisters, grandparents and grandparents.
(3) The inheritance obtained by the heirs according to law must be the lawful property owned by the decedent before his death or other lawful property rights and interests that can be inherited according to law. Family property, marital property and partnership property cannot be inherited as inheritance without division. Property like this must be divided, and the part that belongs to the deceased is the inheritance. All illegally acquired property does not belong to the inheritance and may not be inherited.
Second, what is the proportion of death inheritance?
1. In general, heirs in the same order should inherit the same share of the estate. According to the general principles of inheritance distribution in legal succession:
When the legal heirs in the same order inherit the estate, under normal circumstances, the amount of the estate is evenly distributed according to the number of heirs. The so-called "general situation" means that the legal heirs in the same order have basically the same situation and similar conditions in terms of living conditions, labor ability and obligations to support, support or support the decedent. The so-called "average distribution of inheritance" means that all legal heirs in the same order account for the same proportion of the decedent's inheritance, and there is no obvious difference.
2. Under special circumstances, the share of inheritance of legal heirs may be unequal. According to the relevant provisions of the law, special circumstances mainly refer to:
(1) Heirs who have special difficulties in life and lack the ability to work should be taken care of when distributing their inheritance. Only if the decedent has both special difficulties in life and no ability to work can he be given proper care in the distribution of the estate.
The so-called special difficulties in life refer to the inability to maintain a normal life, not the poor quality of life compared with other heirs. Proper care here means that when dividing the inheritance, under normal circumstances, the heirs share the inheritance enough to meet their basic needs. If the amount of inheritance left by the decedent is particularly large, the average distribution of the inheritance by the heirs can completely guarantee the life of the heirs with special sufferings and do not need to be taken care of.
(2) When the heirs who have made the main support obligations to the decedent or who live together with the decedent distribute the inheritance, they can get more points. This is the embodiment of the principle of "consistent rights and obligations" in inheritance law. Fulfilling the main support obligation mainly refers to providing the main source of income for the decedent's life, or giving major help in labor services.
Generally speaking, heirs who live with the decedent have more support obligations than those who don't live with the decedent, so the law stipulates that they can share more inheritance. However, if the heir and the decedent live together, they fail to take care of the decedent and do their duty of support, not only can they not get more points, but they will also get less points. When it needs to be pointed out, more points can be deducted here, not more points should be deducted, which is not mandatory.
(3) If the heir has the ability and conditions to support, but fails to fulfill the obligation to support, the inheritance shall not be divided or divided. There are two conditions here: first, the decedent has financial or life difficulties and needs the assistance of the heir; Secondly, the heir has the conditions and ability, but does not support the decedent. Both need to be available. If the decedent is unwilling to help, or the heir has no ability and conditions to fulfill the obligation of support, these provisions shall not apply.
(4) Unequal distribution can also be achieved through consultation among heirs. In the same order, the legal heirs can share the inheritance equally or negotiate the division. On the premise of reaching an agreement, the decedent's estate can also be unevenly distributed, which is the result of the heir's voluntary exercise of inheritance rights, and the law does not interfere.
In our daily life, the provisions on inheritance are clearly stipulated in our civil code. For example, first of all, we need to respect the meaning of the parties. Autonomy of will means that before the decedent dies, if there is a will, it is enough to distribute the inheritance according to the contents of the will.
New regulations on property inheritance in 2022 3
First, does the inheritance of real estate need notarization?
1. The Ministry of Justice issued a notice on abolishing the Joint Notice of the Ministry of Justice and the Ministry of Construction on Strengthening the Notarization of Real Estate Registration Management, which means that the "notarization" link accompanying the inheritance of housing heritage for many years is no longer necessary. Where an application for registration is made for real estate acquired by inheritance or bequest, the applicant shall choose whether notarization is required.
2. Required materials: for notarization of property inheritance, the notary office requires the parties to fill in the notarization application form and submit the following documents and materials: if it is legally inherited, it should be submitted: the applicant's resident identity card or household registration book and its copy; If the agent applies on his behalf, the entrusted agent shall submit the power of attorney, identity card and its copy; Other agents need to submit agency qualification certificates; Property certificate of inheriting property.
3, the decedent's death certificate, the legal heir has died, need to submit the death certificate and proof of kinship. Applicants who submit notarized materials (originals) or effective legal documents (originals) shall register in accordance with the relevant provisions of the Provisional Regulations on the Registration of Real Estate and its detailed rules for implementation.
Second, what is the inheritance procedure of the house?
1. Housing evaluation: First of all, the market value of a house must be evaluated by an evaluation company. The appraisal company will conduct professional price analysis and property price appraisal according to the important factors such as the road section, sitting direction, floor and age of the house, so as to determine the accurate property market price.
2. Inheritance notarization: the applicant shall go to the notary office where the house is located to handle the inheritance notarization and receive the certificate of inheritance. When handling notarization, you must provide the death certificate of the owner of the house, the list of legal heirs issued by the legal authority, and the will (if any) made by the original owner of the house, and submit the original will at the same time. If some legal heirs voluntarily give up their inheritance rights, they must issue a letter of commitment to give up their property.
3. Housing Surveying and Mapping: Applicants must go to the real estate surveying and mapping department to go through the formalities of surveying and mapping the housing area or drawing, and receive the surveying and mapping results or drawings before they can go through the formalities of property right registration.
4. Inheritance registration: the applicant applies for inheritance registration at the real estate trading center with real estate property certificate, inheritance notarial certificate, house mapping and other certificates. After filling in the application for registration of real estate property rights and submitting the above information, the case-handling personnel will accept it and issue a receipt. After all the materials are reviewed, the changed owner's real estate license will be issued.
5. Other materials that need to be submitted: If the matters related to the ownership of the house are judged, ruled or mediated by the court, the court judgment, ruling or mediation shall be submitted. After field surveying and mapping, it is found that the house has been rebuilt or illegally built, and it must be reported to the planning department for approval or decision.
New rules of real estate inheritance in 2022
New rules of real estate inheritance in 2022
In 2022, there are new rules for real estate inheritance. For our country, there are also new rules for inheriting old people's houses. Property inheritance should also comply with relevant regulations. When the house is inherited, you can first understand what the relevant process is, and the new rules for real estate inheritance in 2022.
New regulations on property inheritance in 2022 1
New rules for property inheritance in 2022:
1. Inheritance must begin after the death of the deceased. The inheritance right stipulated by law is only a kind of expectation right enjoyed by heirs. Inheritance does not happen until the decedent dies, and the right of inheritance becomes a vested right only after the decedent dies.
2. To realize testamentary succession, the decedent must have a legal will before his death and the decedent has died, otherwise the testamentary succession relationship will not occur. If the decedent has a will, he will inherit the estate according to the will.
Inheritance is carried out in the following order:
1, first order: spouse, children, parents;
2, the second order: brothers and sisters, grandparents, grandparents. After the inheritance begins, the successor in the first order inherits, and the successor in the second order does not inherit; If there is no successor in the first order, it is inherited by the successor in the second order. The children mentioned in this part include children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency. The parents mentioned in this part include biological parents, adoptive parents and step-parents with dependent relationship.
Brothers and sisters include brothers and sisters with the same parents, half-brothers or half-brothers, adopted brothers and sisters, and stepbrothers and sisters with dependent relationships.
First, children can not inherit their parents' property in all cases.
First of all, parents can choose their own heirs. For example, children are always unwilling to support themselves, and nephews always take care of themselves. Logically, parents' house should be inherited by their children, but parents are willing to inherit the property to their nephews. In this case, children don't have to fight for their parents' property. As long as parents decide in their wills that their children will inherit the property, it is useless to go to court.
Secondly, many parents don't understand laws and regulations. After the oral will was established, they also wrote a written will, all of which mentioned that the property was inherited by their children. Under normal circumstances, nature is executed in accordance with the written will.
However, since then, the child has never found a job, and more importantly, he has not been filial to his parents. Although people work in other places, they ask their parents for money every month. Therefore, in this case, parents decided to determine the mode of inheritance through the Legacy Support Agreement. In order, the Legacy Support Agreement came first and the will came last.
Second, in terms of inheritance effect, a married daughter and son have the same inheritance rights.
Influenced by the inherent concept, the married daughter lost the right to inherit her parents' property. The reason is very simple, the son can continue the "incense" at home. In layman's terms, a married daughter is like "spilled water". However, in the new regulations, this traditional concept has been denied. When inheriting parents' property, both men and women have the same inheritance rights regardless of whether they are married or not.
More importantly, on the other hand, if parents are biased in determining the heir to the property and only distribute the property to their sons, then the daughter can get her share back through compliance. In fact, a similar situation happened in real life: an elder sister in Sichuan took her three younger brothers to court because she felt that the inheritance was unfairly distributed, demanding to safeguard her legitimate rights and interests.
The thing is, Zou's parents died unexpectedly, and his father was a retired worker before his death, and his economic conditions were relatively good. Together with his salary and savings of about 200,000 yuan, and a set of real estate worth 6.5438+0.8 million yuan, the whole estate is worth nearly two million yuan. However, who knows that the three younger brothers seized the property privately, and at the same time, when distributing the deposit, they only gave their sister 20,000 yuan, and each person got 60,000 yuan. After the final court decision, the property and deposit were divided into four parts on average.
In fact, when solving parents' real estate, many people are worried about which way to choose. Simply put, there are two main ways: giving and selling. So what are the costs of these three ways? For the convenience of calculation, we take the area of parents' house as 100 square meter and the total price as an example.
First, choose the way of giving.
Second, choose the way of buying and selling.
From the point of view of the amount, it is necessary to pay 3% deed tax to obtain parents' real estate by gift, so the cost will be more. However, combined with an article in the Central Media Economic Information Daily, it is mentioned that:
In other words, if the deed tax can be reduced by gift, then gift is a good choice, but on the other hand, if the property is acquired by sale or gift, it may be subject to value-added tax if it is planned to be sold in the future, which needs parents and children to understand.
Only children cannot inherit their parents' property. Since 2022, there have been new regulations on property inheritance.
First of all, the only child may not get all the inheritance of his parents, because if his parents don't make a will, according to the provisions of the Civil Code,
The same heirs as the only child in the first order of succession also include the spouse and parents of the deceased, who all have the right to inherit.
Therefore, when an only child inherits his parents' property, it can be roughly divided into two situations. First, his grandparents died before his parents, so the property belongs to his children, and there is no dispute; Secondly, if the father or mother dies before the grandparents, the situation is more complicated.
For example, suppose the only child A inherits the house bought by his parents after marriage. Take my father as an example. If his grandmother was still alive when his father died (without leaving any will) and his father had two brothers, then at the time of distribution, 1/2 of this house belongs to his mother, and the other 1/2 belongs to his father's estate.
In accordance with the provisions of the statutory succession:
Spouse, parents and children are the first heirs and are equally distributed among the heirs in the same order. Then the mother's share of the property is 1/2+ 1/6, and A and Grandma each get 1/6. If grandma dies, A's two uncles will jointly inherit the 1/6 share of the property under grandma's name, that is, each will get the112 share of the property ... In this case, if A wants to get all the inheritance rights of the house, then
All related heirs need to sign to confirm the abandonment of inheritance, or A can only take all other heirs to court, and the court will decide to obtain all inheritance rights.
New regulations on property inheritance in 2022 II
1. Inheritance must begin after the death of the deceased. The inheritance right stipulated by law is only a kind of expectation right enjoyed by heirs. Inheritance does not happen until the decedent dies, and the right of inheritance becomes a vested right only after the decedent dies.
2. The person who inherits the estate must be the legal heir of the decedent, that is, the legal heir or testator.
3. The inheritance obtained by the heirs according to law must be the legal property owned by the decedent before his death or other legal property rights that can be inherited according to law.
How much does it cost to inherit parents' property?
1. The inherited property needs to be notarized, and the notarization fee is 2% of the appraised value of the house, so normal transfer is unnecessary. If the house is less than five years old, business tax will be paid for normal transfer, and inheritance will not be paid.
If the inherited house is to be sold in the future, there will always be personal income tax (20% of the total house price). If the transmission is normal, if