1. If the owner of the house is an old man, the old man has the right to dispose of it.
Article 240th of the Civil Code stipulates that the owner shall have the right to possess, use, profit from and dispose of his real estate or chattel according to law.
As long as the elderly are conscious before their death, they are not people with limited capacity or without capacity, and they can dispose of their real estate, including selling it.
Of course, if the elderly suffer from diseases such as Alzheimer's disease and become a person with limited capacity, then the disposal of property must be approved by the guardian. Guardians are usually children of the elderly. Without the consent of the guardian, the guardian has the right to cancel the transaction within the statutory time limit.
2. If the owner of the house is not the old man alone, in principle, other people's consent is needed.
Generally speaking, the old man's house is probably the property of both husband and wife. After the death of a spouse, one party has no inheritance and is still lived by the living elderly. At this time, although the name of the old man or his spouse is registered on the real estate, the ownership of the house has become a house shared by the old man and other heirs. In principle, the elderly need to obtain the consent of others to sell their houses. Without the consent of others, the transaction can be cancelled within the statutory time limit.
But there is another situation here, that is, although the house is registered as a common house, it is registered as a house owned by the elderly alone and sold by the elderly at a reasonable price. In order to protect the security of the transaction, the law holds that the house sales contract at this time is legal and valid. Other * * * people can't take back their houses, so they can only ask the elderly to compensate for the losses or divide their own parts in the house payment for sale.