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There are several steps to go through to go through the procedures for house donation:
1) The donor and the donee enter into a written contract for the gift of the house, that is, the letter of gift. According to the regulations, the gift of a house must be in writing.
2) The parties to the house donation shall pay the relevant taxes and fees according to the provisions with the house ownership certificate, the gift contract and other materials.
3) Notarization. According to the relevant regulations of the state and the city, the house donation must go through notarization procedures.
4) Go through the registration procedures for the transfer of house ownership. The parties to the house donation shall apply for transfer registration at the real estate transaction center where the house is located, and submit the following materials: (1) the application for transfer; (2) ID card; (3) real estate warrants; (4) Letter of Gift and Notarial Deed; (5) Receipts for taxes and fees.
5) The donor delivers the house to the donee. The delivery here is subject to the registration of the transfer of property rights. If the registration formalities for the transfer of property rights have not been carried out, but between the parties.
If a written gift contract has been concluded, and the donor has handed over the original house ownership certificate to the donee, the gift shall also be deemed to be established in accordance with the provisions of the Supreme People's Court.
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Not to mention brothers and sisters, even fathers, sons, mothers, and daughters have to go to the real estate trading hall to handle it, and they can do it according to the area of the house by paying a handling fee].
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1.First of all, the notarization of the gift should be carried out. Although it is also transferable, the taxes are significant.
For general gifts, only 3% deed tax and stamp duty are payable. Ask both of you to bring your real estate certificate and ID card to the notary office, and both of you must sign by hand. 2.
Bring the notarial deed and the above documents to the real estate transaction center to go through the transfer procedures. Pay 3% deed tax and stamp duty on the house price, exempt from business tax and 20% personal income tax. ]
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Legal Analysis: Information Required: 1. Seller; ID card, household registration book, marriage certificate, real estate certificate, land certificate, house sale contract.
Note: Both husband and wife of the seller must sign in person at the local property registration office. 2. Buyer:
ID card, household registration booklet, and the person concerned should sign in person at the local housing property registration department.
Legal basis: Real Estate Management Law of the People's Republic of China Article 60 When the real estate is transferred or turned orange, it shall apply to the local people's ** real estate management department at or above the county level for the registration of real estate change, and apply for the registration of land use right change to the people's ** land management department at the same level with the changed house ownership certificate, and the people's ** land management department at the same level shall replace or change the land use right certificate after verification by the people's ** land management department at the same level.
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The real estate transfer between brothers should be handled by the property owner with ID card, household registration book, marriage certificate, purchase contract, real estate certificate to the real estate transaction center to apply for real estate transfer, the real estate bureau to give a receipt, according to the date stated on the receipt to pay the tax, after the tax payment is completed, receive the transfer receipt.
[Legal basis].Article 61 of the Law on the Administration of Urban Real Estate.
When real estate is transferred or changed, it shall apply to the local people's ** real estate management department at or above the county level for registration of real estate change, and apply to the people's ** land management department at the same level for registration of change of land use right with the changed house ownership certificate, and the people's ** land management department at the same level shall replace or change the land use right certificate after verification by the people's ** land management department at the same level. Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws.
Article 210 of the Civil Code.
The registration of immovable property shall be handled by the registration authority where the immovable property is located. The State implements a unified registration system for immovable property. The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.
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Legal analysis: This dispute can be resolved through negotiation first, and if the negotiation fails, it must be resolved in court litigation. The statute of limitations for filing a request to a people's court for the protection of civil rights is three years. Where the law provides otherwise, follow those provisions.
Legal basis: Article 188 of the Civil Code of the People's Republic of China.
The statute of limitations for filing a request to a people's court for the protection of civil rights is three years. Where the law provides otherwise, follow those provisions. The limitation period is calculated from the date on which the person with the right knows or should know that the right has been damaged and the obligor.
Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and if there are special circumstances, the people's courts may decide to extend the protection on the basis of the application of the right holder.
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If the house is transferred between brothers, it is necessary to sign a contract, and if the house is donated or exchanged, it is necessary to pay the deed tax, and after obtaining the tax payment certificate, provide the real estate certificate, tax payment certificate and other materials to go through the transfer registration with the real estate registration office.
The Interim Regulations on the Registration of Immovable Property shall be implemented in detail
Article 9 Where an application for registration of immovable property is made, the applicant shall fill in the application form for registration and submit proof of identity and relevant application materials.
The original application materials shall be provided. Where the original cannot be provided due to special circumstances, a copy may be provided, and the copy shall be consistent with the original.
Article 38 Those who apply for registration of the right to use State-owned construction land and the transfer of ownership of houses shall, according to different circumstances, submit the following materials:
1) Certificate of ownership of immovable property;
2) Contracts of sale, exchange, and gift;
3) Materials inherited or bequeathed;
4) Split or merger agreements;
5) Legal documents effective by the people's courts or arbitration commissions;
6) The approval documents of the people** or the competent department with the right to approve;
7) Proof of payment of relevant taxes and fees;
8) Other necessary materials.
If the immovable property sales contract shall be filed in accordance with the law, the applicant shall submit the recorded sales contract when applying for registration.
1. Procedures for the transfer of ownership of the house.
1. Sign the contract.
In the case of real estate sale, exchange or debt redemption, the parties to the transfer shall sign a real estate transfer contract.
2. Application for transfer.
The parties to the transfer of real estate shall, after signing the transfer contract and other legal documents, submit an application for transfer to the real estate transaction management department.
3. **Declaration.
Within 30 days after signing the housing transfer contract, both parties shall apply to the real estate transaction management agency with the real estate ownership certificate and the legal certificate of the parties, and truthfully declare the transaction of the transferred real estate**.
4. Transfer application.
The real estate transaction management department shall give a written reply to the applicant within 15 days from the date of accepting the transfer application of the transfer party, and make a decision not to transfer the ownership if the prescribed conditions or procedures are not met, and notify the transfer party in writing.
5. Pay taxes and fees.
The parties to the transfer of real estate must pay the relevant taxes and fees in accordance with the provisions of the relevant laws and regulations of the state.
6. Change of registration.
Where the conditions for transfer are met, the real estate transaction management department shall transfer the application documents to the real estate management agency, which shall handle the change registration in accordance with the relevant regulations.
7. Receive the warrant.
After going through the above procedures, the real estate management department will issue the transfer order, and the two parties shall handle the real estate ownership certificate with the transfer form, and the real estate registration agency shall complete the registration of the change of real estate rights on the 15th and make the real estate ownership certificate.
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1.If the transfer of the real estate certificate does not go through a real estate agency, the terms of the contract and the terms of breach of contract must be clearly written, and the party named on the seller's real estate certificate must be present when signing the contract (if it is married, both husband and wife need to be present and signed, even if there is only one person's name on the real estate certificate). 2.
Materials required by the seller: original ID card and a copy of ID card. If you are married, you need the original marriage certificate and a copy, and the original real estate certificate; If one of the husband and wife is unable to be present, they must first write a power of attorney and then go to the justice bureau to notarize, the household registration book and a copy.
3.Materials required by the buyer: original ID card and a copy of the ID card, household registration book and copy, if you are single, you need to go to the Civil Affairs Bureau to open a single certificate.
If there is no problem with the materials, you must go to the real estate bureau and fill in some ** and a stock contract, and the amount on the stock contract must be the same as the amount on the signed contract. If the materials are handed over to the real estate bureau, there will be a receipt, and the tax must be paid on the date stated above, which generally takes about fifteen days. After the tax is paid, they are waiting in line to get their new title deeds.
Legal basis: The Civil Code of the People's Republic of China and the Urban Real Estate Management Law of the People's Republic of China The state implements a registration and issuance system for urban housing ownership and land use rights. Therefore, after purchasing a second-hand house, consumers should go to the housing property registration authority in time to go through the registration procedures for the transfer of housing property rights and obtain the "Housing Ownership Certificate".
After the municipal, district and county real estate transaction management agency accepts the transfer application, it shall review the application and transfer information provided by the buyer and the seller, and the review content is as follows: 1. Whether the materials provided by the parties are legal and valid; 2. Whether the content of the application form is consistent and correct with the materials provided; 3. Whether the ownership of the real estate is clear, whether there are any ownership disputes or unclear other rights, and whether it falls within the scope of the "Measures for the Transfer of Real Estate"; 4. Whether the transferee can transfer the real estate in accordance with the regulations; 5. Whether the real estate to be bought and sold has been mortgaged; 6. Whether the lessee waives the right of first refusal in the purchase and sale of leased real estate; 7. Whether the co-owners waive the right of first refusal in the purchase and sale of jointly owned real estate; Posture code.
8. Other contents that the real estate transaction management agency believes should be reviewed.
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