What will happen to the house after his father dies? It's normal to be born and die. After the death of my father, the house needs to be transferred. Let's first take a look at what will happen to the house after his father's death and related information.
What will happen to the house after my father dies? 1 The real estate license is ok, and it will not affect your rights of possession, use and residence; But in the long run, there is a great legal risk in not changing the inherited housing property rights, and the longer the time, the greater the risk.
Transfer is a process in which one person's property becomes another person through normal procedures, and it is also a process of confirming rights.
First of all, it is clear that there is no law or regulation that the heirs must go through the transfer procedures within the specified time for the property left by the old man after his death. However, taking the household as the unit, the legal heir has no influence on the right to live and use the house, but it has influence on the ownership.
Houses belong to the category of real estate. According to the regulations, the establishment, alteration, transfer and elimination of real rights need to be registered. In this specific issue, transfer is the process of property right change. If you don't enter the door, there are the following risks:
Risk point of house not closed after father's death:
First, it affects the share of inheritance.
Article 230 of the Civil Code stipulates that "the property right of the house acquired by inheritance shall take effect from the beginning of inheritance", that is to say, the successor may also acquire the property right of the house without handling the transfer.
However, it should be noted here that although heirs can also obtain property rights without going through households, the heirs here refer to all heirs. After your father died, the first heir was not only yourself, but also your mother, grandparents and other brothers and sisters. If the transfer is not made in time at this time, there will be greater benefits due to the compensation for demolition in the later period, and the phenomenon that other heirs go back on their words and compete for shares will not be ruled out. At that time, the loss will not be less. It is better to transfer ownership as soon as possible, in order to prevent other heirs from competing for shares in the later period.
For example, suppose grandparents are still alive, and if they are not at home now, a large amount of compensation will be generated in the later house demolition, and uncles and aunts are the first heirs of grandparents, so even if grandparents give up inheritance at this time, I am afraid uncles and aunts will not agree, so that uncles and aunts will split the housing share.
The second is to affect the disposal.
The disposal of the house mainly includes two aspects, one is buying and selling, and the other is giving.
If the transfer has been completed, the house is yours, and it will not affect the sale, gift and other forms of disposal. You can either sell it for cash or give it to your child, and the property rights can be changed at any time.
However, if you don't go to see the house, it will have little effect on renting, using and possessing, but you can't sell it or give it to others. If it involves "disposal", your name must be on the property certificate. Especially when the real estate is in urgent need of money and needs to be sold, it will undoubtedly take a long period, and eventually it will need to be transferred first and then sold, and this process cannot be avoided.
Third, the influence during the litigation of inheritance disputes.
Article 8 of the Inheritance Law stipulates that:
The time limit for bringing a lawsuit for disputes over inheritance rights is two years, counting from the day when the heir knows or should know that his rights have been infringed. However, if more than 20 years have passed since the beginning of the succession, no lawsuit may be brought.
This article says that if the right of inheritance is infringed, a lawsuit must be brought within 20 years after the infringement. If it has been more than 20 years, the litigation request court should not support it.
In the case of non-transfer, other people who have the right to inherit can claim inheritance at any time, and this period can be as long as 20 years.
Fourth, the possibility of other heirs getting married.
For example, suppose that after the death of a father, there are only two first-order heirs, son and daughter, and the daughter has clearly given up inheritance, then the son is the only heir. At this time, even if she doesn't go out, there will be no disputes and influences on the surface.
However, have you considered the risk of your daughter's marriage? Once the marriage changes, the son-in-law can claim the inheritance share of the property before the divorce. Without a will, both sons and daughters have the right to inherit according to the legal succession order and share. Unless otherwise specified, sons and daughters inherit 1/2.
At this time, when the daughter gets married, the son-in-law will stay 1/4, which is the risk. It is better to let her daughter give up her inheritance as soon as possible and transfer all her shares to her son's name. Even if the daughter gets married later, the son-in-law can't distribute the share of this property.
Summary:
Generally speaking, there is a great risk of not going to the house, including both the risk of "benefit" and the risk of "disposal";
The impact on the disposal right is relatively small, so it is enough to spend some time before buying and selling.
However, the risk of "benefits" is undoubtedly enormous. As long as the family is not at home for one day and other heirs don't give up their inheritance in writing, then other heirs will advocate inheritance at any time, affecting their share of inheritance, especially worrying about the risk of marriage change of other heirs.
The process of inheritance and transfer and the required information:
Judging from the above risks, it is very necessary to complete the transfer of the property left by my father in time. So what is the transfer process and what information do you need? What fees do I need to pay?
For the inheritance and transfer of legally inherited real estate, the process and information are roughly as follows:
1, issue a certificate of inheritance to the notary office.
The materials needed in this process include death certificate (issued by police station or hospital), legal heir certificate (issued by neighborhood Committee or village Committee), property right certificate and heir ID card.
If there are multiple heirs, the other heirs need to give up their inheritance rights at the same time.
2, to the real estate trading center for property rights change.
After getting the inheritance certificate, the next step is to go to the real estate trading center to handle the property right change. In addition to the certificate of succession, other materials include:
House property right certificate, original and photocopy of heir's ID card, and application for registration of house property right. All the above materials are submitted completely, just waiting for the certification.
3. Fees to be paid
Inheritance transfer is different from sale transfer, and it needs to pay very little. Value-added tax, personal income tax, deed tax, land value-added tax, etc. They are all tax-free and only need to pay a certain percentage of stamp duty.
Write at the end:
To sum up, as an heir, if the inherited property is not transferred, it will not affect the possession and use right, but it will affect the "ownership", which is linked to the disposal rights such as buying, selling and giving, so it is best to transfer the property in time, which is also a process to prevent the loss of share.
Inheritance transfer is different from general sale transfer, and the cost paid is only notarization fee and stamp duty, and the cost is not high. Therefore, not choosing to transfer is not the right choice. It is best to transfer the ownership in time and confirm the ownership as soon as possible.
What will happen to the house after my father dies? 2. There is no property transfer and no coercion. However, since my father is gone, we should register the change of house property right as soon as possible and transfer my father's house ownership certificate to my own name, so as to avoid unnecessary troubles caused by this matter in the future.
The death of my father means the loss of the qualification of the owner and the subject of the house, which has no substantive significance. We should register the change of house property right in time.
China people have a habit that their relatives, especially their parents, should put aside everything that should be dealt with in time after death. They think it is a sign of filial piety to their parents, and they are a little impatient to deal with these things in time, so they put it off again and again, or even put it on hold for many years, only to find that it is quite troublesome when they deal with it again.
First, no matter the independent heir or the sole heir, it is necessary to go through the formalities of transferring the house property right in time, and the authenticity of the house property right will be fully known through the actual handling of many things.
Second, as a natural person, there will definitely be social activities. Social activities are inseparable from dealing with people. As a father's interpersonal communication, children may not know whether there is anyone outside except family members, which involves disputes over housing property rights.
Third, whether there were economic disputes, inter-bank debts and the court freezing "this house is not transferable" in the society before his death.
Fourth, you have a real estate license, and others have a "real estate gift". The other party has gone through the property preservation procedures for the house through the court. If you want to use the property right of the house, you must solve it through the court.
In the background, family relations are too weak in front of interest relations, and it is not uncommon for family relations to become enemies.
In an old city reconstruction project, the objects to be demolished are dilapidated houses. Previously, they belonged to the community around the city, that is, the city food team. With the development of cities, they become out of place.
There lived three brothers who also built houses in their previous lives. All three brothers have their own houses. The second son was not at home when the house was demolished. His only son, as his agent, signed the demolition contract and we accepted it. After completing the formalities, the house was demolished and his son got the transition fee for house demolition and resettlement. The transition time is set at two years, and the cost of renting a house outside is less than 20 thousand yuan until you move back to your room.
As the father's second child, I heard that my son received money, but my son didn't tell him. I was so angry that I rushed back from other places to ask my son for money. My son said I rented a house and said to my father, the house is not yours alone. If you gave birth to me, the house should have my share.
In a rage, neither father nor son had a few nice words.
After listening to what your son said, the second thought, when you were a few years old, you lost your mother I raised you by myself, but I didn't expect you to succeed and become a baiwenhang.
The second child was in the project department immediately and asked us directly: I don't want the house, and you will fully compensate my house according to the market situation.
To tell you the truth, we are very willing to do so. From the perspective of maximizing interests, it is easy for us to save trouble and worry. The house is located in the center of the city, and it only rises and does not fall. But out of conscience, I still patiently do his work, which is only a house of more than 30 square meters. With this house, I still have a home. Without this house, I don't even have a home. I hope he will think twice before making a decision.
At this time, on the other hand, my son also came to us and asked us not to agree to his father's request, execute the demolition contract and keep a home for them. Personally practice, as a party, I have deep feelings. Biological father and son, blood is thicker than water, for personal benefit, make it to this point. The times are changing and the quality remains the same. This is an advertising word. In real life, times have changed and people's thinking has also changed. The network information age enriches people's life interest and teaches people how to calculate others.
On March 14, a 70-year-old mother-in-law in Sichuan was brought to court twice by her seven stepsons.
I watched the program three times, sued my stepmother twice, and each of the seven stepsons bid less than 20 thousand. They just put an old man in his 70 s who has difficulty walking with crutches on the court.
On the plaintiff's bench opposite, there are seven stepchildren sitting in a row, all of whom have personally called their mothers for more than 20 years.
And she only has herself and her agent, which makes her feel weak and helpless.
The reason for the lawsuit is simple. The compensation for the first demolition is 1.7 million, with the old woman accounting for half, and more than 80,000 seven stepchildren plus the mother-in-law. Eight people share it equally, and one person is exactly 10 thousand yuan. Under the auspices of the court, this is also a problem of completion.
I didn't expect to receive a court summons six months later. This time, seven stepchildren asked for an equal share of the old man's father's death, solatium.
More than 90,000 yuan, several years have passed, mother-in-law agent: How many years have I lived and been ill, how much money can I have left now?
Seven stepchildren asked for equal share, and her mother-in-law only gave them 1 0,000 yuan each. She refused to mediate.
According to the original intention of the government, solatium is to comfort the spiritual life of the dependents. First of all, when her mother-in-law is old and inconvenient to move, she naturally loses her ability to work.
Although stepchildren are also listed, they all have the ability to live independently. Interpretation by legal experts: solatium given to the deceased by government departments is not the property of the deceased before his death, nor is it an inheritance. Can not be divided according to inheritance, mainly tend to people who really need to live.
When the court adjourned, before preparing for out-of-court mediation, the presiding judge said: It is the tradition of the Chinese nation to respect the elderly and love the young. Is it necessary to clarify the treatment of the elderly? A judge is a human being, but also stresses jurisprudence and human feelings. ...
My mother-in-law's agent is also an old man. I can see his helpless expression. He is not excited, and his language is very peaceful: think about it, she lives with your father in her forties, and only you know what she did to you. You've been calling your mother for more than 20 years, and now ...
Hearing this, look at this situation again. Little stepdaughter is also crying. ...
After the death of a natural person, the family members timely sort out relevant materials, death certificates and cremation certificates, cancel their accounts at the police station, submit relevant materials to the social security form, and collect burial fees. Then, the affairs involved in the death of the deceased were settled one by one.
Like housing property rights procedures, it is necessary to go through the formalities of change in time, especially in the case of the death of the holder and the change of ownership.
A series of proof materials are needed, but the parties are not present and both parties can sign.
Proof materials, how to prove the father-son relationship? Are there any other heirs? Judicial notarization is not enough just to inherit the will. In addition, there are unexpected and complicated factors, which need to be replaced as soon as possible.
What will happen to the house after my father dies? First of all, give a clear conclusion: the house is not the son's, remember.
Why is the house not my son's?
Note: Inheritance and property rights are two different things.
Under China's real estate registration system, the ownership of real estate is subject to registration. People who have the right to inherit will not naturally acquire the property rights of the house. Inheritance right refers to the right to divide (inherit) real estate; And property rights explain the clear ownership of real estate.
Have the right to divide property, and there is no property right without registering property; Without property rights, it means that the house does not belong to the heir.
To illustrate this problem, let's give two simple examples:
Example (1):
Parents have at least two kinds of heirs: sons (as children) and parents (grandparents of sons). From the perspective of legal inheritance, these people have equal inheritance rights. But if grandparents have died before their parents, they can only have one son as heir.
Is the son the only heir? I think so, too, but-who can say that his son is the only owner of the house without proving that his grandparents died? Still have to prove it. And this proof process is actually a process of dealing with inheritance and transfer.
Having the right of inheritance is not the same as having the property right naturally-this example illustrates this truth.
Example (2):
Suppose parents have only one son as heir. The son said: I live by myself, and no one will make any noise.
However, if the son wants to dispose of the house, such as renting or selling it, he can't do it all-because the parents' names are still registered on the property, and the parents have passed away, so who will be the main body when handling the disposal procedures?
At this time, the son said: I am the only heir to the property. The question comes back: who proves that the son is the only heir? Don't you still need to go through the inheritance procedures?
I won't list other situations, such as what to do if the house is demolished, what to do if there are other heirs, and what to do if the son has an accident ... It is best not to "gamble" and go through the inheritance procedures with "nothing".
Maybe the owner will say: I don't care about such a troublesome thing, as long as I can live-if so, objectively speaking, the owner really doesn't care about this house, and of course you don't have to go through the transfer formalities-the property can only be called your own property if it falls into your own name.
Therefore, if you want to own this house, rather than just being satisfied with living, the inheritance procedure is unavoidable.
In life, it is inevitable to encounter legal problems. It is better to buy a civil code than to spend money on a lawyer.