1. If the parents, that is, the owner (the name on the property certificate) are still alive, the signatures of other children are not needed. Just bring the relevant documents and go to the housing exchange with the customers.
Second, if it is inheritance, all heirs within the legal scope need to sign and give up inheritance in writing.
Extended data:
Property transfer procedure
(1) application form for real estate transfer registration;
(2) the identity certificate of the applicant;
(3) Certificate of real estate rights;
(4) Administrative decisions of relevant administrative organs, real estate sales contracts (notarized real estate sales contracts shall be submitted if required) or notarized real estate gifts, notarized real estate inheritance certificates, real estate exchange agreements or real estate division agreements;
(5) If the mortgage has been established, a written document agreed by the mortgagee shall be submitted;
(6) The people's court shall submit an effective judgment, ruling, conciliation statement and notice of assistance in execution for compulsory transfer;
(seven) if an unincorporated enterprise or organization transfers real estate, it shall submit the approval documents of its property rights department;
(8) Administrative allocation, land price reduction and exemption shall be submitted to the approval document of the competent department and the certificate of land price payment;
(nine) to obtain real estate by means of bidding, auction and listing, it shall submit the confirmation of winning the bid, the confirmation of auction, the contract for the assignment of land use rights and the proof of paying the land price;
(10) If it belongs to government welfare commercial housing, it shall be submitted to the relevant competent department for examination and approval;
(1 1) Submit the demolition compensation agreement;
(12) A written opinion that someone agrees to transfer the real estate;
(13) If the enterprise is acquired or merged, the approval documents of relevant departments shall be submitted;
(14) real estate allocation between state-owned enterprises or other organizations,
(15) Other documents stipulated by laws, regulations, rules and normative documents.
procedure
Real estate transfer process
1. If the transfer of the real estate license has not gone through a real estate agent, the contract terms and breach clauses must be clearly written, and the party with the name on the seller's real estate license must be present when signing the contract (if married, both husband and wife need to be present to sign, even if there is only one name on the real estate license).
After the application materials are ready, you must go to the real estate bureau to fill out some forms and a stock contract. The amount on the stock contract must be the same as that on the contract.
3. After all the application materials for real estate transfer are submitted to the real estate bureau, the real estate bureau will give a receipt and pay taxes according to the date indicated on the receipt, which generally takes about fifteen working days.
4. You can get the real estate license after paying the property transfer tax.
Matters needing attention
Matters needing attention in real estate transfer
1. If a company purchases a private house, it must also provide the original and photocopy of the qualification certificate (business license or organization code certificate) of a legal person or other organization, the power of attorney of the legal representative of the company (collected at the acceptance window), and the original and photocopy of the trustee's ID card;
2. If the house is not transferred, the land use right certificate shall be submitted;
3. If the party concerned cannot handle it in person, it shall issue a power of attorney or a notarial certificate, and the client shall issue the original and photocopy of the ID card;
4. If the house has been rented and the lessee is not the lessee, submit the certificate that the lessee waives the preemptive right;
5. If there is a * * * owner, a certificate that the * * * owner agrees to sell and a certificate of ownership of * * * are required;
6. If the judgment is made by a court, a notice of court judgment and assistance in execution shall be issued.
Go through the transfer formalities at the trading center, and bring the original and photocopy of the real estate license and the original and photocopy of the ID card.
To handle the transfer formalities, both the original owner and his wife need to be present: those who bring their ID card, household registration book, real estate license, deed certificate and marriage certificate (single person needs single certificate) can apply for the registration of house ownership transfer as long as they bring their ID card and submit the following materials:
(1) Application for registration;
(2) the identity certificate of the applicant;
(three) all of the housing or real estate ownership certificate;
(four) materials to prove the transfer of ownership of the house;
(5) Other necessary materials.
The materials mentioned in Item (4) of the preceding paragraph may be sales contracts, exchange contracts, gift contracts, bequests, inheritance certificates, division agreements, merger agreements, legal documents that come into effect by the people's courts or arbitration committees, or other materials that prove the transfer of house ownership.
These days, an article entitled "After the death of parents, will the house definitely belong to the only child?" The conclusion is shocking! The post of ""went viral in the circle of friends, and Ms. Zhang's brother and sister had real pain in the "suffering" described in this post. How many times does it take to transfer a house in the name of the deceased father to the name of the mother? The answer is that four trips are not enough.
Case 1
Three notaries and four certificates are only the first step.
"I thought that just the two of us, the family relationship is simple, and it is easy to handle real estate inheritance, but who would have thought that it turned out to be a troublesome thing for people to run off their legs." Looking at the list of certificates that still need to be processed, Mr. Zhang can't help but sigh.
Mr. Zhang's old father died, and he and his sister want to transfer the public property under his father's name to his mother's name. Because the old father did not make a will before his death, according to the law, he must go through the legal inheritance procedures.
"Elder sister, as long as we write a statement giving up the right of inheritance and notarize it, mother can handle the inheritance." Before going to the notary office for consultation, the brother and sister thought very simply. However, when they got the list of required materials provided by the notary office, they found that it was far easier than expected to write something.
First of all, because grandpa is also the legal first heir, it is necessary to have a notarization of grandpa's abandonment of inheritance and a death certificate of grandma. In addition, it is necessary not only to give up the declaration and notarization of three inheritance rights, but also to provide the personnel relationship certificate issued by the personnel department of the unit where grandpa, mother and Ms. Zhang's brother and sister work, respectively, to prove the relationship between the four people and their old father.
"Although we can see our relationship with our father from the household registration book, according to the requirements of the notary office, we still have to prove that' my father is my father',' my husband is my husband' and' my son is my son'." "Ms. Zhang told reporters that according to the staff's explanation, this is an indispensable part.
As a result, Ms. Zhang and her younger brother began to run around to "verify".
On the first trip, the two first took their mother and took the property certificate of the public housing from the old father's unit. "According to the regulations of the unit, three people must be present at the same time before agreeing to receive the certificate." The second trip to grandpa's unit to open a certificate of kinship.
Grandpa, who is over 90 years old, is in poor health and his eyes are out of sight. It's really inconvenient to go out. He can entrust his family to issue a certificate on his behalf. "Because grandpa's file is very clear, including when grandma died, it is also indicated in the file, so the death certificate is also very smooth." The third trip is that the two brothers and sisters go to the unit to open a certificate.
Old houses over ten years should be reissued for purchase contracts.
After three trips, the personnel relationship certificate was finally done. Just when Mr. Zhang felt relieved, the second material on the list worried the whole family again. This is the original purchase contract.
"My father's husband's house was purchased from the unit more than ten years ago. My mother can't remember the specific procedure. Where can I find a house purchase contract? Isn't it clearly written in the room that it is my father's house? " Although I don't understand, Mr. Zhang went to the Housing Authority of the county where the house is located to inquire about the replacement of the purchase contract. The answer is that he needs to take the real estate license, the purchase certificate of the year and other materials, and can apply to the Housing Authority for a replacement purchase contract.
On this road, the two found that the father's name was written twice by the staff at that time, which was inconsistent with the name on the ID card.
As a result, the two brothers and sisters have another job: changing the name of the real estate license. The brothers and sisters returned to the Housing Authority and asked how to change the name of the real estate license. "You see, this notary office has been busy for half a month and made four trips to the list of materials to be submitted.
In order to complete the first item: four personnel cards. I really don't know when to transfer the house to my mother's name smoothly. "When I met the reporter, Mr. Zhang was already a little discouraged.
In addition, two junior students are very worried about grandpa's health. Because according to the regulations of the notary office, even grandpa who is almost blind in his 90 s must be present in person when he finally goes to the notary office, and the notary office never provides on-site service. "The elderly can't stand it. We are really worried that if grandpa's physical condition changes during the formalities, things will become more complicated. "
The complexity that Teacher Zhang talks about is the problem of "transfer and inheritance" that was widely circulated on the Internet before. According to the principle of inheritance, after a person dies, the first heirs of his property are his spouse, children and parents. And when these heirs die again, the property will be distributed to the second in line.
That is to say, if grandpa dies before he has finished the notarization of giving up inheritance, the property he owns will be distributed to other children besides his father, including uncles and aunts. That is to say, all relatives are willing to voluntarily give up their inheritance rights, and they have to prove again that "my father is my father."
Baidu encyclopedia-real estate transfer
China Com- the late children of the elderly "ran off their legs" when transferring real estate.