How does Ningbo inherit real estate transfer to its own name? Materials and procedures for inheritance registration- Zhiheng Law Firm

Many families in Ningbo are "forced" to inherit their real estate. The demolition and resettlement houses in Yinzhou have to have a title certificate, the old houses in Haishu have to sign an expropriation agreement, and the homestead houses in Fenghua and Cixi want to be rebuilt-the window said, "first do the inheritance and transfer of ownership", and the family panicked: the old man left without a will, the house book is still in the old man's name, and several brothers and sisters have their own ideas. how to do this suite in their own name? Some people think it's okay not to do it, anyway, the old man left the house is the children's; some people believe that it must be notarized first, and everyone must be present, and they get stuck when they meet one who is out of town or cannot be contacted.

Both of these ideas are only half right. Inheritance and acquisition of real estate do have an "automatic" time point in law, but if you want to put the house in your own name, sell it, mortgage it, and transfer it, you have to register it. The following is the order in which the parties in Ningbo are most concerned: from which moment the house is the heir, how to choose the three paths for transfer, how to prepare the materials, whether to pay taxes or not, and finally the handling channels and practical points of Ningbo.

1. For an old house inherited in Ningbo, from what moment does it belong to the heir?

First, let's talk about the time point that is most likely to be miscalculated. It determines everything that follows.

1. As soon as the inheritance begins, the real right has been transferred

Article 230 of the Civil Code stipulates that the acquisition of real right due to inheritance takes effect from the beginning of inheritance. In other words, at the moment of the death of the decedent, the property right of the house has already belonged to the heir, and it is not necessary to register or notarize before obtaining it. According to relevant provisions, inheritance commences upon the death of the decedent, which includes both natural death and a declaration of death by a people’s court. An old man in Ningbo passed away in 2015. Although he is still written on the house book, from that day on, several children have jointly acquired the suite according to their shares.

2. "Obtained" does not mean "able to dispose"

But then there is a restriction: according to relevant regulations, if the real right of the real property enjoyed in the above-mentioned way is disposed of and needs to be registered according to law, the real right effect will not occur without registration. To put it in everyday terms—technically, the house is yours, but since you haven’t completed the inheritance registration, you can’t sell it or use it as collateral, and it will also be difficult to smoothly sign the expropriation agreement. Because registration is the appearance of rights publicized to the public, buyers, banks and collection departments still see the names of the dead elderly.

3. Two joint problems

The first is that when there are multiple heirs, the house belongs to all the heirs before registration, and no one can handle the whole house alone; the person who signed the contract to sell the house without authorization has no right to be punished, and other heirs can claim invalidation or claim compensation. Second, the "limitation of time" should be clearly defined: to confirm that one enjoys the real right to the house, it is generally not subject to the limitation of action, and the old house left by the death of parents many years ago can still apply for registration; However, the limitation of time has other considerations, and the more delayed the evidence, the more difficult it is to obtain it.

2. to pass the inherited house to his own name in Ningbo: how to choose the three paths

When it comes to registration, there are three ways in practice. The applicable situation, time-consuming and the degree of cooperation required are all different. You can take your seat according to your own situation.

1. Path 1: First do the notarization of the right of inheritance, and then do the transfer registration

This is the most traditional and stable one. The party concerned shall first apply to the notary institution for notarization of the right of inheritance, and the notary shall verify the fact of death, the scope of heir and kinship, whether there is a will, and whether there is a waiver of inheritance, and then issue a notarial certificate to the Ningbo real estate registration institution for registration with the notarial certificate. The window has a high degree of recognition of notarial certificates, and banks and collection departments generally recognize them. The price is to require all heirs to cooperate with the presence or submit materials, and the notary institution will charge a standard fee (the amount will be determined according to the value of the property and the charging standard, subject to the caliber of the local institution in Ningbo).

2. Path 2: Apply directly to the real estate registration agency

It is based on Article 14 of the Provisional Regulations on Real Estate Registration: If the right of real estate is acquired by inheriting or accepting the bequest, the party concerned can apply for registration unilaterally. However, the registration authority is responsible for the review, usually asking, examining the materials and, if necessary, making an announcement to find out whether there are other heirs or potential objections, and in some cases requiring all to be present or to submit written materials that waive or agree to the disposition. It is suitable for families with few heirs, clear relations, complete materials and a house in hand, which can save a notary fee. If the materials are not complete or disputed, they will be required to correct them and run back and forth more.

3. Option three: Litigation or mediation; obtain a legally effective document and then proceed with registration.

If there is an heir who doesn't cooperate, doesn't agree on the shares, can't find anyone, or disputes over the authenticity and validity of the will, the first two ways will not work. At this time, you can file a succession dispute lawsuit in the court, or mediate under the auspices of the court or the people's mediation organization, obtain the judgment, mediation statement and other effective legal documents, and then apply for registration unilaterally with the documents. This road can be forced to push forward, and "there are always people who do not sign"; The price is time-consuming and legal fees (subject to court fees).

The judgment of route selection is very simple: the whole family can discuss, the materials can be collected, and notarization or direct registration should be carried out first; as long as there is a link that cannot be reached, don't waste it, and consider litigation as soon as possible. The specific time is subject to the caliber of each handling agency in Ningbo.

What materials should be prepared for 3. inheritance registration: a list that can be taken away

The material is the "hard currency" of the inherited transfer ". Ningbo registration window, the list of notary institutions slightly different, the core is the following.

identification certificate: the identity card and residence booklet of all the heirs; the power of attorney and the identity certificate of the trustee shall be added for the entrusted handling.
Death certificate of the decedent: medical certificate of death of medical institution, certificate of cancellation of public security household registration, or judgment of death declared by the court.
Proof of kinship: household register, medical certificate of birth, marriage certificate, personnel file or certificate of original unit and village (neighborhood) committee, which can also be investigated and verified by notary office.
Real estate ownership certificate: real estate ownership certificate, or past real estate certificate and land use certificate.
Inheritance basis documents: will, notarial certificate of inheritance right, or effective judgment, mediation statement.
Written comments of other successors: declaration of renunciation of succession, written agreement on discount compensation or common means, etc.
Materials excluding missing heirs: death certificate of the decedent's parents, marital status certificate, death certificate of the original spouse, etc.

The most easily stuck items are the third and seventh items. Many old people in Ningbo died in their eighties and nineties. Their parents died early in the last century. Archives are hard to find and kinship certificates are often broken. Don't give up in a hurry. You can check the personnel files of the original work unit or competent department, the household registration register of the police station in the original household registration place, the certificate of the village (neighborhood) committee, and apply for a notary agency or court investigation if necessary. Another kind of trouble is that the "identity of the house is not clear": the housing reform house, the unit's self-managed house, the direct management of the public house, and the demolition and resettlement house that has not yet been certified often do not even have the ownership certificate. The first step is not to transfer the ownership, but to check the files first and find out the property rights.

4. Ningbo many children inherit: all present, what if someone doesn't cooperate

In Ningbo, families with two or three children are quite common; when you factor in remarriages, stepchildren, and adopted children, the list of heirs is often longer than one might expect. When there are more people, "someone does not cooperate" has almost become the number one obstacle.

1. Find out who is the heir first

According to relevant regulations, after the beginning of inheritance, it shall be handled according to legal inheritance; if there is a will, it shall be handled according to testamentary inheritance or legacy; if there is a legacy support agreement, it shall be handled according to the agreement. The first order of legal inheritance is spouse, children, and parents, and the second order is brothers and sisters, grandparents, and grandparents; if there are heirs in the first order, the second order does not participate. Two details are most easily overlooked: if the parents of the decedent are alive and are also the first-order heirs, they must be included together; stepchildren, adopted children and stepparents who form a dependency relationship may also be heirs. The list is complete first, otherwise you will have to start over if you find someone missing in the middle.

2. The spouse's half must be separated first

If the house is the joint property of the husband and wife acquired by the decedent and the spouse during the marriage, according to the relevant regulations, half of the joint property should be divided into the spouse's ownership first when the estate is divided, and the remaining part is the estate. That is to say, the wife will take half of the suite first, and the other half will be inherited by the spouse and children together. Don't divide the whole suite as inheritance.

3. if someone doesn't sign, three responses

First, do the work first and talk about the plan clearly. Many heirs do not sign not want to do, but fear that their share will be swallowed up, write down the share, compensation amount and payment time, often through. Second, the other party is only delaying, written reminder to leave good evidence, and then consider litigation. Third, if the other party loses contact or explicitly objects, the direct prosecution requests confirmation of the share, division of the estate, and unilateral registration with the effective instrument. Remember: the inheritance registration should deal with the registered heirs. As long as one person does not declare his position, notarization and direct registration will basically be stuck.

4. If someone dies in the middle, the share passes down

There is also a situation often encountered by old families in Ningbo: a child of an old man also passed away before the inheritance was divided. According to the relevant regulations, the successor's share shall be transferred to his own successor, and this part of the material shall be provided by the spouse and children of the child at the time of registration, and he shall not be crossed off from the list. If the heir expressly waives the inheritance in writing before the estate is disposed of, it should generally be allowed, but after the waiver, he can generally not go back on his word.

Taxes and fees of 5. inheritance property: Why does legal inheritance basically not pay deed tax

This is the one that asks the most questions and is most likely to be biased by online information.

1. Deed tax: legal heirs exempt

Item (V) of Article 6 of the Deed Tax Law stipulates that the legal heir who bears the ownership of land and house through inheritance shall be exempted from deed tax. The legal heirs, such as spouses, children, parents, siblings, grandparents and grandparents, inherit the property and do not pay deed tax. This is the most substantial cost saving when inheriting a property, as the deed tax is a major expense that cannot be avoided in both sales and gifts.

2. The bequest is different

Non-legal heirs who have acquired the ownership of real estate by bequest generally do not fall within the scope of the above exemption. They need to pay the deed tax according to the assessed price of the real estate, and the applicable range tax rate. The specific tax rate and preferential treatment of residential and commercial real estate are not the same, and the implementation caliber of the local tax department in Ningbo shall prevail.

3. Personal income tax and stamp duty

According to relevant regulations, the real estate acquired by inheritance does not belong to the taxable income of individual income tax, and individual income tax is not levied in the process of inheritance; the bequestees who receive houses for free are generally not levied individual income tax. Stamp duty is calculated according to the tax items of the transfer of property rights, the tax rate is five ten thousandths, based on the value of the property, some areas have a reduction or exemption for inheritance, Ningbo whether the reduction or exemption is subject to the caliber of the local tax and registration authorities. If you inherit a commercial property, you may also pay an annual property tax during the holding period.

| | | |, in some areas, there are reductions and exemptions | same as above | | notarization fees, assessment fees, registration fees | according to the charging standards of various institutions, depending on the processing path | same as above |

Compared with sale and gift: if you only look at the current tax, you will have the least amount of inheritance; however, if the house acquired by inheritance is resold in the future, the personal income tax is based on the acquisition cost this time, which is low in cost and large in difference, and the transfer tax burden may not be light, while if the difference between sale and purchase is small, the tax burden may be even less. Therefore, there is no absolute answer, which should be calculated together with whether it is self-occupied and whether it is intended to be transferred.

6. several misunderstandings that the parties in Ningbo are most likely to step on

Put the previous sections together. There are several recurring misunderstandings that deserve to be singled out.

Misunderstanding 1: "When the old man is gone, the house is naturally mine, and it doesn't matter whether you go through the formalities or not." If you don't go through the formalities, your rights will only stay within the family, and you can't sell, mortgage, or sign a contract for collection; over time, some people may pass away, some people raise objections, and drag simple things into disputes.

Misconception 2: "Inheritance transfers must be notarized first."" Article 14 of the Provisional Regulations on Real Estate Registration has made it clear that the right to acquire real estate by inheriting or accepting bequests can be registered unilaterally by the parties concerned, and can be registered directly without notarization if the conditions are met, but the materials are more strictly controlled.

Myth 3: "You have to pay a large amount of tax to inherit your parents' house."When a legal heir inherits a property, stamp duty is exempted and no personal income tax is levied; the main costs include notary fees, appraisal fees, registration fees, and a small amount of stamp tax.

Myth 4: “I’ve always been the one taking care of the elderly, so the house should belong to me.”"If one has fulfilled a greater share of the duty to provide support, they may, in accordance with the law, claim a larger share or receive appropriate consideration; however, this does not serve as a pass granting exclusive entitlement. As long as the property title has not been transferred during the elderly owner’s lifetime, the house remains the estate of all the heirs. If one heir unilaterally handles the transfer or sells the property without authorization, the other heirs may assert their rights.

case reference: in the case of inheritance and property dispute after divorce, such as lu mou v. gao mou, etc., the divorce agreement stipulates that the house is owned by one party, but the house is not transferred under the name of the original spouse; after the death of the original spouse, his heirs inherit the estate under the condition that other heirs give up inheritance. The court ordered the house to be owned by the plaintiff, and the heir should assist in the registration of the transfer of property rights of the house. Trial Court: Chenghua District People’s Court of Chengdu City, Sichuan Province Case No.: (2013) Chenghua Minchu Zi No. 2244

7. Frequently Asked Questions

Question: It has been over ten years since the elderly person passed away. Is it too late to apply for inheritance registration now?

Usually not late. Inheritance takes effect when the decedent dies, confirming that the ownership of property rights is generally not subject to the statute of limitations, and the old house left by the parents who passed away many years ago can still apply for registration. The real difficulty is not in "late", but in "evidence": death certificate, kinship certificate, property ownership information will become more and more difficult to obtain over time, and other heirs may also pass away.

Question: Can the house be inherited and transferred if the mortgage has not been paid off, or if it has been mortgaged or sealed up?

Rights restrictions must be addressed first. If there is a mortgage or mortgage, it is usually necessary to settle the loan, handle the mortgage, or obtain the consent of the mortgagee before registration. The registry will see these restrictions when it reviews them and cannot proceed. It is also not recommended to pay debts and sign agreements for the decedent before the inheritance registration is completed.

Question: Brothers and sisters just don't cooperate with the signature. What should I do alone?

If the other party neither gives up the share nor shows up, notarization and direct registration will be basically blocked. The feasible approach is: first written notice, retention of evidence, and then to the court to file a succession dispute litigation, requesting confirmation of the share of inheritance and division of the estate, by the court to identify all the heirs after the decision or mediation, after obtaining the effective legal documents, individuals can unilaterally apply for registration. The dispute points in most inheritance cases are not complicated, and the preparation of the plan and compensation can often significantly shorten the time.

question: can rural homestead houses and resettlement houses be inherited and transferred in this way?

Be more cautious. The land use right of homestead houses has the attribute of identity. Non-members of the collective usually cannot obtain the right to use the homestead. In practice, it is often impossible to directly handle "house transfer" by confirming the property value of the house and compensating for the discount. Children who have been separated from their families and have another homestead may not be supported and can only claim the converted value. For the demolition and resettlement houses that have not yet been certified, it is necessary to clarify the resettlement object, resettlement area and ownership of property rights. In many cases, the right must be confirmed before inheritance.

8. Lawyer's Practical Insights

Many families in Ningbo are forced to do property inheritance only when they are forced to the countertop. Demolition requires a permit, old houses need to be signed for expropriation, and homestead wants to be rebuilt. The family panics only when the inheritance transfer is done first. A common misconception is that when the old man leaves the house, he is naturally his children's, and it's okay not to do it. Legally, the real right is transferred at the beginning of inheritance, but this is only obtained, which does not mean that you can dispose of it. Without registration, you cannot sell it, you cannot mortgage it, and it is difficult to sign a contract for collection, because the name of the dead old man is still publicized to the public. The two things of acquisition and disposition should be separated first, so that they will not get stuck until they are needed.

In terms of operation, there are three ways to take the right seat. The most stable thing is to notarize the inheritance right first and then transfer the registration. All the heirs will cooperate with each other to be present or hand in the materials. The recognition degree of the notarization window is high, and the price is the notarization fee. If the heirs are few, the relationship is clear and the materials are complete, they can also apply for registration unilaterally according to the regulations, which can save a sum of money. However, the registration authority will review and announce it when necessary, and the materials will be filled back and forth if they are not complete. If some people do not cooperate, the shares cannot be negotiated or no one can be found, the first two articles will not work, and they will go through litigation or mediation to take the effective documents and register them unilaterally. There will always be people who do not sign the special administration. Which one to choose depends on the degree of cooperation and the size of the dispute. Don't cut across the line.

The biggest headache for families with many children is that all the people are present and some people don't cooperate. It is suggested to unify opinions as early as possible: who wants the house, who gets the compensation, how to pay, falls into a written agreement or notarization, and those who are absent should have a written statement of giving up or agreeing to the punishment. In terms of taxes and fees, legal inheritance basically does not pay deed tax, but stamp duty, registration fees, etc. may still be involved, do not understand tax exemption as zero fees. The registration materials should bring the death certificate, kinship, real estate certificate, will, if any, heir status and waiver statement. If someone really loses the league or refuses to sign, don't waste it. Only by taking the litigation route to get the documents can the old house fall into its name smoothly and it should be sold and paid.