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Can public housing be inherited as an inheritance? How to transfer ownership?

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Article author:Yingting Lawyers Group | Update time:2019-07-22 | Reading times:313

Introduction to the article: Most welfare housing is public housing. If an elderly person dies, can the welfare housing be transferred to the name of his or her children? Today we talk about this topic.

Can public housing be inherited as an inheritance? How to transfer ownership?


1. First of all, if it is the inheritance of a house with normal property rights, our country has clear regulations.

1. All legal heirs, that is, children, spouses, and parents, negotiate to determine the heirs of the property. Others are deemed to have voluntarily given up their right to inherit the property.

2. The Yingting demolition team understands that notarization is required before it is valid. All legal heirs (children, spouses, parents) must bring their identity documents, household registers, property rights certificates, death certificates and other materials to the notary office to obtain property inheritance notarization and make a notarization.

3. The confirmed heir of the property should go to the relevant department to apply for the change of property rights with the notarized certificate of property inheritance, property ownership certificate, ID card and other materials.

Can public housing be inherited as an inheritance? How to transfer ownership?


2.How to transfer the welfare housing left behind to the name of the children?

1. The Yingting demolition team believes that we need to find out what the nature of welfare housing is? According to my country's national conditions, many welfare houses are right-of-use houses. The ownership of the house does not belong to the individual. What the individual owns belongs to the right to rent the house.

2. After the death of the old man, since the house belongs to public housing and does not belong to personal property, the inheritance of the property rights of the house cannot occur according to law. Based on our country's judicial practice, after the original lessee of the house with the right to use the house dies, the other co-tenants should inherit the lease rights. If not, the first heir can inherit the lease rights of the house.

3. If an elderly person dies, the spouse living together shall inherit the right to rent, and the children shall not have the right to inherit. If the spouse living together is no longer available, the children may inherit the right to rent.

Can public housing be inherited as an inheritance? How to transfer ownership?


Yingting reminds you:

If you encounter similar problems, you can consult a lawyer specializing in land acquisition and demolition, or ask a lawyer to intervene and provide you with legal advice using professional legal knowledge. You can send private messages for one-on-one consultation.


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