If this house is shared by the husband and wife of the father and mother, after the death of the mother, half of the house of the mother should be inherited by the father and other children. If there are other children besides the youngest son, the other children have the right to inherit. If the father only transfers the ownership to the younger son, it will infringe on the interests of other heirs.
If the mother has no will, both spouses and children have the right to inherit, and the house belongs to the parents and husband and wife, and the father has no right to transfer it to others without the consent of the children, he can claim that the contract is invalid.
If the transfer of property rights is handled before death, it must be notarized, and the daughter must personally sign and agree to give up the inheritance right, otherwise the desire of property rights transfer cannot be realized. If you transfer ownership after death, you only need to write a will. When the will comes into effect after death, the son can transfer the property right without the consent or signature of his daughter.
1. To apply for notarization of property inheritance, the following materials shall be submitted:
1. Provide the decedent's death certificate (such as medical death certificate, household registration cancellation card and death cancellation page).
2. Real estate license and house value evaluation form.
3. Accounts and identity cards of all legal heirs (legal heirs include: parents, spouses and children of the deceased).
4 marriage certificate, divorce certificate, divorce judgment, mediation, one-child certificate, birth certificate, population certificate, cancellation certificate and other related materials.
5. The death certificate of the deceased's parents.
6. If the decedent's husband and wife have died successively, a certificate that the deceased spouse has not remarried shall be provided. (generally issued by the District Civil Affairs Bureau and the District Archives).
7. Proof. Get the form from Harbin Notary Office, fill in the information of the decedent's spouse (including the original spouse and remarried spouse), children (including children who have given birth, adopted children and stepchildren with dependency) and parents (including biological parents, adoptive parents and stepparents with dependency), and affix their seals to the unit where the heir or decedent works.
8. A copy of the personnel file or personnel file of the heir or decedent (usually employee registration form or employee resume). Copies shall be stamped with the official seal or the seal of the personnel department by the archival storage unit, and the contents of the archives shall include all legal heirs of the decedent. If there is no personnel file, you can provide a household registration card issued by the police station, including all legal heirs of the decedent, which will be certified by the police station.
9. Witness 1 name (with original and photocopy of ID card, no relatives required).
10. If there is a testamentary certificate or other forms of will, provide a testamentary certificate or other wills;
1 1. The detailed notarization materials prepared specifically shall be subject to the confirmation of the notary.
Note: All legal heirs must go to the notary office for notarization in person. Otherwise, a notarized power of attorney or a declaration of abandonment shall be submitted.
Second, the standard of notarization fee for property inheritance is: if the spouse inherits, the notarization fee will be charged at 1% of the real estate appraisal price; If the parents or children inherit, the notarization fee will be charged at 2% of the real estate appraisal price.