Registration of inheritance
Registration of inheritance
- Once the inheritee commences, an inheritor succeeds to the blanket rights and duties on the property of the inheritee, and thus, the ownership of the real estate property will be transferred to the inheritor (Article 1005 of the “Civil Act”).
· However, in order to dispose of the real estate property, the transfer of ownership must be registered (Article 187 of the “Civil Act”).
- Only the inheritor is required to apply for the registration of inheritance (Article 23 (3) of the “Registration of Real Estate Act”).
· If the cause of registration is inheritance, the inheritor is required to provide information demonstrating the inheritance as an attachment to the registry (Article 24 of the “Registration of Real Estate Act” and Article 46 (1) 1 of the “Real Estate Registration Rules”).
· In this case, if there are multiple inheritors, the information must contain the share of inheritance of each inheritor of the property jointly owned and register the transfer (Article 48 (4) of the “Registration of Real Estate Act”).
Persons eligible to apply for the registration
Inheritor him/herself
- Only the inheritor is required to apply for the registration of inheritance (Article 23 (3) of the “Registration of Real Estate Act”).
- At this time, if there is more than one inheritor, the information must contain the share of inheritance of each and every inheritor to register the transfer (Article 48 (4) of the “Registration of Real Estate Act”) and any inheritor among them is eligible to apply the registration of inheritance of all other inheritors [“Application for the Registration of Inheritance of One of the Joint Inheritors” (Registration Precedent No. 1-314, April 30, 1985)].
If there is a testamentary donee
- If there is a beneficiary who has received testamentary gifts independent of inheritors, the beneficiary is not eligible to apply for the registration by him/herself.
Where to apply for the registration
Competent registry
- All affairs relating to the registration are handled at the district courts, their branch courts or registries (Article 7 (1) of the “Registration of Real Estate Act”).
Internet registry
How to apply for the registration of inheritance
How to apply for the registration of inheritance
- The registration must be applied by any of the following methods (Article 24 (1) of the “Registration of Real Estate Act”):
· A method in which an applicant or his/her agent goes to a registry and submits documents stating the application information and accompanying information However, if such agent is an attorney (including a law firm, a law firm with limited liability, and a judicial association) or a certified judicial scrivener (including a corporation of certified judicial scriveners and a corporation of certified judicial scriveners with limited liability), he/she may require a clerk prescribed under the “Real Estate Registration Rules” to go to a registry and submit such documents.
· A method in which the application information and accompanying information are sent via a computerized data processing system in accordance with the “Real Estate Registration Rules” (limited to the type of registration designated by the Minister of Supreme Court Administration)
Information required
- When applying for the registration of inheritance, the following information must be provided to the registry in the application (Article 43 (1) of the “Real Estate Registration Rules”).
· Matters concerning the labeling of real estate
· Applicant’s name (or title), address (or office location) and resident registration number (or registration number of real estate)
· Name and address of an agent if the registration is applied by the agent
· Grounds of registration and the date
· Purpose of registration
· Required information for registration (limited to cases in which the application is made for the registration of rights through a joint application or the sole application of the prevailing person required to register)
· Registry
· Date of application
Attached information
- When applying for the registration, the following information must be provided to the registry as attached information together with the information in the application (Article 46 (1) of the “Real Estate Registration Rules”).
· Information certifying the grounds of registration
· Evidential information when permission, consent, or approval from a third party is required for the grounds of registration
·If the consent of a third party with an interest is required for registration, information proving such consent or there is a judgment in opposition
· Information that proves the authority if an agent files the application
· Information that proves the address (or office location) and resident registration number (or real estate registration number) of the person entitled to registration (limited to cases in which he/she becomes a new registered person). However, when applying for the registration of transfer of ownership, information proving the address (or location of the office) of the person responsible for the registration must also be provided.
When applying for the registration of transfer of ownership, information on the land register, forest land register, building register, or other information proving the indication of the real estate
Fees
Fees for the registration of ownership transfer
- Anyone who intends to file for a registration is required to pay fees (Article 22 (3) of the “Registration of Real Estate Act”).