Property inheritance refers to the act of transferring the property left by the decedent to the successor in accordance with the provisions of the Property Inheritance Law. In real life, the procedures for property inheritance are very troublesome. You need to first handle the death certificate and property inheritance notarization, and then go through the transfer registration with the relevant documents. Can the inherited property be mortgaged
As long as the inherited house property is transferred to the name of the successor, it is the property of the successor. The successor will have the right to possess, use, benefit from and dispose of it. Of course, the successor can directly mortgage the inherited house property or make other dispositions. However, if the property has not been transferred to the name of the successor, it cannot be directly mortgaged. Because the effectiveness of real estate mortgage takes mortgage registration as a necessary constituent element, and when going through mortgage registration, it is necessary to issue a house property certificate to the registration department (the house property certificate is the certificate that the registrant on the house property certificate enjoys the house ownership), and the registrant on the house property certificate must be the mortgagee handling person.
To sum up, even though the procedures for property inheritance and transfer are very complicated, if you want to use the inherited property as collateral, the successor must first go through the transfer registration procedures.
Article 34 of the Guarantee Law of the People's Republic of China
The following properties can be mortgaged:
（1） Houses and other things fixed on the ground owned by the mortgagor
（2） Machines, transportation vehicles and other properties owned by the mortgagor
（3） State owned land use rights, houses and other fixed objects on the land that the mortgagor has the right to dispose of according to law
（4） State owned machinery, means of transport and other property that the mortgagor is entitled to dispose of according to law
（5） Land use right of barren hills, ditches, hills, beaches and other barren lands contracted by the mortgagor according to law and mortgaged with the consent of the contract letting party
（6） Other properties that can be mortgaged according to law.
The mortgagor may mortgage the properties listed in the preceding paragraph at the same time.
