Traditional Culture Encyclopedia - Traditional festivals - What are the procedures for Beijing to handle real estate inheritance in 2022?
The law clearly stipulates the procedure and content of real estate inheritance. This paper introduces the relevant
What are the procedures for Beijing to handle real estate inheritance in 2022?
The law clearly stipulates the procedure and content of real estate inheritance. This paper introduces the relevant
The law clearly stipulates the procedure and content of real estate inheritance. This paper introduces the relevant procedures of Beijing real estate inheritance in detail. Through reading this article, I hope everyone can learn more about the related issues of handling property inheritance, so as to complete property inheritance more smoothly.
Measures of Beijing Municipality on Inheritance of Real Estate
According to the inheritance law of our country, the so-called house inheritance means that after the decedent dies, his property belongs to his testamentary successor or legal heir. Therefore, only the decedent's house has legal property rights can be inherited. In the event of inheritance, if there is more than one heir, the property shall be converted according to the will and relevant laws, and the original property certificate, will and other materials shall be presented to the competent department for transfer procedures.
First, the transfer of housing property rights requires valid certificates and specific steps:
(a) the need for effective proof
1, the legacy of the elderly is the property of all heirs.
2. The successor's agreement on the division of all property of * * * shall come into effect as long as the heirs agree and sign it, and no successor may breach the contract.
3. If the heirs have no objection to the division of the inherited property, they can handle the transfer formalities with this agreement.
(2) The steps of house inheritance registration. Handling the procedures of real estate inheritance must go through the procedures of housing evaluation, notarization of inheritance and application for real estate registration. After the death of the owner of the house who has obtained the house ownership certificate, his legal successor may apply for the registration of house inheritance. The general steps are as follows:
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, 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 shall be provided, and the original will shall be submitted 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 title 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.
Second, how to handle the house inheritance procedures?
(a) to the local police station where the deceased's household registration is located, go through the formalities of canceling the household registration and obtain the death certificate;
(two) to the district or city notary office (the original export of commercial housing to the city notary office) for inheritance notarization, real estate inheritance is divided into two types: one is testamentary inheritance, and the other is legal inheritance. The materials to be submitted are:
1, decedent's death certificate;
2. Housing property certificate or other supporting documents;
3, 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).
(three) to apply for the transfer of housing 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).
(4) bequests are different from statutory inheritance and testamentary inheritance, and they need to be taxed.
There are some expenses for inheritance and transfer of real estate, mainly including notarization fees for inheritance rights of real estate, housing appraisal fees, taxes and fees for transfer of real estate, etc.
1, notarization fee for inheritance right;
The notarization fee for the right of inheritance is charged at 2% of the appraised price of the real estate inherited by the heir, and the minimum is not lower than that of 200 yuan.
2. Cost of real estate valuation;
The above is my legal knowledge about "Beijing real estate inheritance procedure", I hope it will help you.
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