Many people in the inheritance of property will go to the inheritance agreement notarized, the inheritance agreement of the second-hand house is necessary to notarize the can inherit? In fact, not, the notarization of the inheritance agreement is a voluntary act, the use of the law recognizes the right to inheritance, then how to write the inheritance agreement of the second-hand house? The second-hand inheritance agreement needs to be notarized?
How to write a second-hand house inheritance agreement
The second-hand house real estate inheritance agreement is the bequestor and the legatee for the bequestor during his life and death of some of the matters of agreement, mainly the legatee of the bequestor's support, as well as the bequestor's death will be the agreement of the house will be gifted to the bequestor.
Second-hand house property inheritance agreement
Party A (the bequestor): (state the name and address)
Party B (the donee): (state the name and address)
Party A and Party B have reached a contract on the matter of the bequest as follows:
One, all of the Party A's (state the bequested property of its own circumstances), after the death of the Party A is given to Party B. The proof of its ownership is: (state its original circumstances). Proof of ownership is: (write the name of the evidence to prove that party A has ownership, such as the gift of the house, there should be real estate ownership certificate).
Two, Party B shall pay Party A how many yuan for living expenses and medical assistance (other expenses can be agreed upon) yuan before the tenth day of each month.
Third, party B shall, within thirty days of party A's death for the transfer of ownership of the gifted property. If you fail to do so, you shall be deemed to have refused the bequest, and your estate may be dealt with according to legal succession.
Four, Party A shall be responsible for the maintenance of the bequest property, shall not handle the bequest property. If Party A intentionally damages the property or gives it to others, Party B shall have the right to request Party A to repair, replace or take it back; if Party A refuses to repair, replace or take it back, Party B shall have the right to terminate the agreement.
V. Party B shall pay Party A on time. Late payment, Party A has the right to require Party B to fulfill the agreement. If the fee is not paid for three consecutive months, Party A has the right to terminate the agreement.
Sixth, this agreement shall come into effect from the date of signing by both parties. It is in duplicate, and each party holds one copy, with the same legal effect.
Second-hand house inheritance agreement need notarization
1, according to the "implementation of provisional regulations for the implementation of real estate registration implementation rules" the provisions of article 14: "due to inheritance, bequeathed to obtain real estate, the parties shall apply for registration, shall submit the death certificate materials, the will or all the legal heirs on the distribution of real estate agreement, and and the decedent's kinship materials, etc., and may also submit notarized materials or effective legal documents."
2, the inheritance agreement is not mandatory notarization, in accordance with the provisions of China's "inheritance law", in accordance with the legal procedures of the decedent's ownership of the house and its right to use the land to the heir of a legal act, if the parties voluntarily go to the notary public for the corresponding inheritance notarization, of course, can also be notarized instruments for the transfer of the house.
The above is about the second-hand inheritance agreement how to write and the second-hand inheritance agreement whether the need for notarization of the introduction of China's real estate notary receipt of China's laws regulate, so the notary public in the process of notarization of real estate cases in the process of the need to charge a certain amount of money according to the regulations. So we also need to pay according to law, do a good qualified law-abiding citizens.
(The above answer was posted on 2017-01-11, the current relevant home purchase policy please prevail in practice)
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