Individuals have full property rights of real estate. In this case, the inheritance of the house is relatively simple. Those who have a will inherit according to the will, and those who have no will inherit according to the law.
Special circumstances: buy a house before death and transfer ownership before death. Example: The purchase contract signed by Xiao Li's father died suddenly before the property transfer formalities. If Xiao Li wants to inherit this property, he needs to inherit the right of the house purchase contract first, and then go through the inheritance procedures after getting his father's property certificate.
2. The property right of the house is the same as that of the house.
* * * There are * * * houses common to couples. According to the provisions of Article 26 of the Law of State Succession of People's Republic of China (PRC), unless otherwise agreed, half of the * * * and all the property acquired by husband and wife during the marriage relationship shall be owned by the spouse, and the rest shall be the inheritance of the decedent.
Example: Xiao Li's parents own all the houses. After his father died, Xiao Li only inherited the part that belonged to his father, and the part that belonged to his mother could not be inherited.
3. The property right of the house belongs to * * *
According to a house, the share of property rights owned by the deceased has been determined, so the heir can only inherit this part of property rights.
Example: Xiao Li's father and uncle bought a house together, and his father accounted for 60% of the total amount. After his father died, Xiao Li inherited 60% of the property rights belonging to his father.
Property inheritance and transfer procedures
1. The procedure is to cancel the account at the police station where the deceased's household registration is located and apply for a death certificate;
2. Go to the district or municipal notary office (the original export commodity house goes to the municipal notary office) for notarization of inheritance rights. There are two kinds of real estate inheritance: one is testamentary inheritance and the other is legal inheritance. The materials to be submitted are:
1) decedent's death certificate;
2) Property right certificate or other supporting documents of the house;
(3) a household registration book or other documents that can prove the kinship between the decedent and the legal heir;
4) the identity certificate of the heir;
Other materials to be submitted for notarization of testamentary succession right: the will made by the decedent (the will must be notarized, and other forms of wills will not be adopted temporarily because their authenticity cannot be determined).
3 for housing transfer registration, 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 (photocopy), real estate ownership certificate (original), notarized document or will of inheritance right, notarized certificate of bequest acceptance (original) and deed tax payment certificate (original).