If the mother transfers the house to her son without authorization, does the daughter have the right

If the title deed of the house is in the mother's name, then the daughter has no right to claim it. If it is not the mother's own property, the daughter can ask for one. The mother has ownership of this property, including the right to dispose of it.

The mother wants to transfer her house to her eldest son, and the other children do not need to sign. Mothers have the right to dispose of their own property. Since the house belongs to the mother, the mother has the right to dispose of it.

Legal analysisThe mother wants to transfer her house to her eldest son, and the other children do not need to sign. Mothers have the right to dispose of their own property. Since the house belongs to the mother, the mother has the right to dispose of it.

The mother's act of transferring her house to her eldest son is an act of the mother to dispose of her own property, and the mother's act of disposition is legal, and no one else, including the children, has the right to interfere, and of course the signature (consent) of the other children is not required. As long as the house is legally owned by the mother, it can be disposed of at will, and it does not need to be authorized to sign by another person. If the house has been transferred to a child and the new title deed is obtained, the house is legally owned by the child and has nothing to do with the mother.

Whether the mother is alive or not, the other children have no right to claim the right to the house. The title deed is in the mother's name and can be transferred to one of the children. The mother has ownership of this property, including the right to dispose of it.

There are two ways to transfer, one is the gift transfer, the second is the sale and purchase transfer, if the transferee of the property intends to transfer in the future, it is recommended to buy and sell the transfer, the gift transfer is exempt from business tax and income tax, the deed tax and the cost of production still have to be paid, and the gift also needs to go through notarization procedures. Parents have the absolute right to dispose of their own property, and even if they give all their property to a certain child in the form of a will, the law will protect it. The same is true even if the property is bequeathed to another person.

Of course, the law also stipulates that the necessary share must be reserved for children who are unable to live independently and take care of themselves.

Legal basisCivil Code of the People's Republic of China

Article 124:Natural persons enjoy the right of inheritance in accordance with law. The lawful private property of natural persons may be inherited in accordance with law.

Article 230:Where a real right is acquired as a result of inheritance, it shall take effect from the beginning of the inheritance.

Although the title deed of the house is in your father's name, it is in fact the joint property of your parents, so half of the property after your father's death is a distributable inheritance, which is divided equally between his spouse, parents and children without a will.

Obviously, this kind of behavior is not allowed, you can go to the court and ask for your share of the property, which is half of the property * the number of heirs.

Yes, it's not legal, of course! (I support it anyway).

No. After his father's death, the house was succeeded by his mother.

So the house is the mother's personal and has the right to dispose of it.

Legal Analysis: The transfer of real estate from parents to their son does not require the consent of the daughter. In accordance with the relevant provisions of the Housing Registration Measures, the parties concerned shall apply for registration of the transfer of ownership of the house. For the parents' real estate, the parents themselves have full right to dispose of it.

Legal basis: Measures of the People's Republic of China for Housing Registration

Article 32 In the event of any of the following circumstances, the parties concerned shall apply for registration of the transfer of ownership of the house after the relevant legal documents take effect or the facts occur:

a) Buying and selling; b) interchangeable;

3) gifts; 4) Inheritance and bequest;

5) The division or merger of houses leads to the transfer of ownership;

6) Investing in shares with housing contributions;

7) The division or merger of legal persons or other organizations leads to the transfer of ownership of houses;

8) Other circumstances provided for by laws and regulations.

Article 33 The following materials shall be submitted to apply for registration of the transfer of ownership of houses:

1) Application for registration; Equipped with staring.

2) Proof of the applicant's identity;

3) Certificate of ownership of the house or certificate of real estate rights;

4) Materials proving the transfer of ownership of the house;

5) Other necessary materials.

The materials in item (4) of the preceding paragraph may be sales contracts, exchange contracts, gift contracts, bequest certificates, inheritance certificates, division agreements, merger agreements, legal documents effective by the people's courts or arbitration commissions, or other materials proving the transfer of ownership of the house.

Legal Analysis: The mother can transfer the house to her son in the form of a gift or sale.

Legal basis: Civil Code of the People's Republic of China

Article 596: The contents of a sales contract generally include the name of the subject matter, the quantity, quality, price, performance period, place and method of performance, packaging method, inspection standards and methods, settlement method, the words used in the contract and the effect of its infiltration.

Article 659:Where it is necessary to go through registration or other formalities in accordance with law for donated property, the relevant formalities shall be completed.

Summary. Your mother has the right to dispose of the house that you have paid for, and since the house has been transferred to you, it means that the house is already owned by you.

Does the house belong to the mother's inheritance, or is it a gift from the mother to the child?

The virtual 500,000 yuan was bought for the mother, but in fact, there was no money.

The mother is alive. Can you elaborate on the issue<>

In order to transfer the house, he sold it to his mother for 500,000 yuan, but he didn't pay for it.

Have you completed the transfer procedures?

That's it. Then the other children have no right to divide it.

I was afraid that other children would come to divide it, so I went to consult today and said that I could divide it again.

Then you should pay as soon as possible, this is a gift from the mother to the child.

The other children can't be divided.

My mother didn't want the money, so she transferred the house by way of sale in order to transfer the property.

Rest assured, as long as the house has been from Guhu to your Mingxiu, then you have the property right of the house, and other children can't divide it.

Your mother has the right to dispose of the house that you have paid for, and since the house has been transferred to you, it means that the house is already owned by you.

The property rights of other children are divided. Not.

In general, the transfer can be carried out in three ways: inheritance, gift and sale, of which the cost of inheritance is less, and the legal heir inherits the property, and does not need to levy deed tax.

OneThe latest regulations on the transfer of the title deed of parents to their children

The latest regulations on the transfer of the real estate certificate of parents to their children are as follows:

1.There are three ways for parents to leave their houses to their children, namely inheritance, gift and sale, regardless of whether the parties choose to inherit, gift or buy, they must pay a cost: appraisal fee, the cost is equal to the appraisal price The legal heir inherits the ownership of land and house, and no deed tax is levied.

3.If a non-statutory heir inherits the ownership of the deceased's land and house during his lifetime according to the will, it is an act of gift and deed tax is payable.

4.When the legal heir inherits the house in the future, he or she needs to pay various taxes and fees according to the sale and purchase of second-hand houses, but does not need to pay personal incidental income tax.

IIDoes the daughter who marries out of the inheritance of her parents have a share?

The daughter of the marriage of the parents' inheritance has a share. And remind that according to the provisions of the inheritance section of China's Civil Code, the daughter is the legal first-order heir. A daughter's right to inherit her parents' estate is not conditional on whether she is married or not.

Daughters are entitled to inherit their parents' inheritance, whether married or not. This is because the right of a child to inherit his or her parents' estate is determined by the blood relationship between the child and his parents. After a daughter marries, it does not mean that she has severed ties with her parents, and there is still a blood relationship and a relationship of rights and obligations between them and their parents.

IIIWhat is the way to inherit an estate?

In our country, there are four ways of inheritance:

1.Testamentary succession, that is, the decedent makes a will before his death, designating heirs to inherit his estate.

2.Bequest, that is, the deceased makes a will before his death, giving the estate to the state, the collective, or a person other than the legal heir.

3.A bequest and maintenance agreement, that is, an agreement between the decedent and the dependent, whereby the decedent bears the obligation of the decedent to support the deceased for life, death and burial, and all or part of the property of the decedent is transferred to the dependant after his death. This method mainly occurs when the elderly have no one to support them.

4.Statutory succession, that is, in the absence of the above three circumstances, the law determines the order of distribution of the estate according to the distance of kinship.

If there are more than two succession situations at the same time, the bequest and maintenance agreement has the highest effect, followed by testamentary succession and bequest, and the least effective is statutory succession.

Summary. Dear Glad to answer for you. The mother does not consult with the other children, and the transfer of the house to the children is legally okay?

As long as the ownership of the house belongs to the mother, the mother can choose to give it to anyone, and the mother does not consult with the other children, and the transfer of the house to the children is legally possible.

Dear Glad to answer for you. Is it legally okay for the mother to transfer the house to the children without consulting with the other children: as long as the ownership of the house belongs to the mother, the mother can choose to give it to anyone, and the inheritance of the estate in Article 10 of the Inheritance Law of the People's Republic of China shall be inherited in the following order:

First order: spouse, children, parents. Second order:

Siblings, grandparents, maternal grandparents. After the succession begins, it is inherited by the heirs in the first order, and the heirs in the second order do not inherit. If there is no first-order heir, the second-order heir shall inherit.

The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren. The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents. The term "brothers and sisters" in this Law includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.