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How to handle the property inheritance procedures in case of property inheritance disputes

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How to handle the property inheritance procedures in case of property inheritance disputes


        

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  • 2024-06-27 04:00:48

    The act of marriage registration has a strong personal attachment. Generally, only the parties to the marriage registration have the qualification of plaintiff as the subject. If the party to the marriage registration dies, his close relatives can file an administrative lawsuit. The court will also consider ensuring the stability of family relations and abiding by the principle of voluntariness of the parties when making a judgment. According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Implementation of the Administrative Procedure Law of the People's Republic of China, if an administrative organ fails to inform citizens, legal persons or other organizations of their right to sue or the time limit for bringing a suit when making a specific administrative act, the time limit for bringing a suit shall be calculated from the date when citizens, legal persons or other organizations know or should know their right to sue or the time limit for bringing a suit, However, it shall not exceed 2 years from the date when the specific administrative act is known or should be known. If a citizen, legal person or other organization is not aware of the contents of the specific administrative act undertaken by an administrative organ, the time limit for bringing a suit shall be calculated from the date when the citizen, legal person or other organization knows or should know the contents of the specific administrative act. The people's court will not accept a lawsuit filed against a specific administrative act involving real estate that has lasted more than 20 years since the date of its execution, or against other specific administrative acts that have lasted more than 5 years since the date of its execution. How to handle housing inheritance procedures to avoid disputes
    (1) Go to the local police station where the decedent's household registration is located to cancel the household registration and handle the death certificate;
    (2) Go to the district or city notary office (the original export commercial housing goes to the city notary office) to notarize the right of inheritance. There are two types of property inheritance: testamentary inheritance and statutory inheritance. Materials to be submitted include:
    1. The death certificate of the decedent;
    2. The property right certificate or other certificates of the house;
    3. Household register or other supporting documents that can prove the kinship between the decedent and the legal heir;
    4. ID card of the heir; Additional materials to be submitted for the notarization of the right of inheritance with a will: the will made by the decedent (the will must be a notarized will, and other forms of wills cannot be recognized as authentic, so they will not be adopted temporarily).
    (3) The applicant for housing transfer registration is the heir or legatee. The applicant shall submit the following documents to the registration authority: Application for Real Estate Registration (original), identity certificate (copy), real estate property right certificate (original), notarial document of inheritance right or testamentary certificate and notarial certificate of acceptance of bequest (original) deed tax payment certificate (original).
    (4) Legacy is different from legal inheritance and testamentary inheritance, and it needs to pay taxes.

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