There is an unexpected situation, if parents suddenly died, the house too late to transfer ownership how to do?. If the parents die suddenly, the children should go to handle the real estate transfer procedures in time. Let's learn about the new rules for the children of the house where the parents die.
1. As the legal heirs of the real estate under their parents' names, if they don't go through the transfer procedures, they can only have the right to use the house, but not the ownership of the house. Once the house is expropriated, their children can't get the demolition compensation;
2. On the issue of litigation disputes, if there are several heirs who haven't transferred their ownership within 20 years, once there is a real estate dispute later, they will lose the right to win the lawsuit after 20 years.
What matters should we pay attention to when handling the transfer procedures?
Housing inheritance can be divided into two situations: one is testamentary inheritance, the notarized will has legal effect; the other is legal inheritance, if the parents do not leave a will, it is generally through legal inheritance, when the legal inheritance handles the transfer procedures.
The following materials should be prepared: the death certificate of parents (issued by the police station), the declaration that other children give up the right of inheritance (not required by the only child), the notarial certificate issued by the heritage notary office, and the house property certificate. After the above materials are complete, you can go to the house property bureau to handle the transfer procedures, exchange for a new house property certificate, and then go to the land bureau to handle the transfer of land certificate.
According to the property law of the people's Republic of China, the legal inheritance obtains the property right by inheritance or bequest, which has legal effect since the inheritance or bequest. However, the house belongs to the real estate, China's real estate registration, the transfer of real estate property rights need to be re registered, this procedure is completed in the housing transfer, if not registered, may need to bear the following expenses: value added tax (involving the division of family property free transfer of property rights, free of value-added tax, but this situation is only applicable to legal inheritance, otherwise Still need to pay value-added tax), personal income tax, deed tax (non legal heirs pay deed tax in full), land value-added tax, stamp tax. After handling the house transfer procedures, it belongs to the legal inheritance, so naturally there is no need to pay these taxes.