Is it okay for my mother to transfer the house to my girl who is six years old?

Updated on society 2024-02-09
8 answers
  1. Anonymous users2024-02-06

    From a legal point of view, absolutely.

    The legal basis is the Property Law of the People's Republic of China

    Article 14 Where the creation, alteration, transfer or extinction of immovable property rights shall be registered in accordance with the provisions of law, they shall take effect when they are recorded in the immovable property register.

    Article 15 Unless otherwise provided by law or otherwise agreed in the contract, a contract concluded between the parties concerning the creation, modification, transfer and extinction of immovable property rights shall take effect upon the conclusion of the contract; If the property right is not registered, the validity of the contract shall not be affected.

    Article 16 The immovable property register is the basis for the ownership and content of real rights. The immovable property register is managed by the registration authority.

    Article 17 The certificate of ownership of immovable property is the proof that the right holder enjoys the right to the immovable property. The matters recorded in the certificate of ownership of immovable property shall be consistent with the immovable property register; In the event of inconsistencies in the records, the immovable property register shall prevail unless there is evidence to prove that there is an error in the immovable property register.

    Article 39 The owner shall enjoy the right to possess, use, benefit from and dispose of his immovable or movable property in accordance with law.

    Measures for Housing Registration

    Article 14: Minors' houses shall be registered by their guardians. Where guardians apply for housing registration of minors on their behalf, they shall submit materials proving the guardian's identity; Where an application for registration is made for the disposition of a minor's house, a written guarantee for the minor's interests shall also be provided.

  2. Anonymous users2024-02-05

    Yes, you can. Ask a guardian to handle it on your behalf.

    The General Principles of the Civil Law of the People's Republic of China stipulate that the parents of minors are the guardians of minorsGuardians shall perform guardianship duties, protect the ward's person, property, and other lawful rights and interests, and must not dispose of the ward's property except for the ward's interests.

    As far as the transfer of real estate is concerned, minors can accept the transfer and become the owner of the house, only because they are legally limited persons, and their personal and property rights need to be exercised by their guardians.

  3. Anonymous users2024-02-04

    Legal Analysis: Transfer of Ownership to Mother by Gift:

    1. Bring the mother and daughter's "ID card", "household registration booklet", "marriage certificate", "house ownership certificate", "marriage certificate" and other materials, and the parties go to the local notary office to notarize the "House Property Rights Gift Contract".

    2. Go to the government affairs center to pay the deed tax and get the house deed.

    3. Go to the tax authorities to go through the business tax exemption procedures.

    4. Then bring the above procedures to the local housing property registration department to go through the procedures for the transfer of housing property rights, and transfer the property rights of the house to the names of your parents.

    The transfer process of transferring the title to the mother in the way of **:

    1. Contract signing. 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. Prepare the application materials, and then go to the real estate bureau to 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.

    3. After the application materials for the transfer of real estate are submitted to the Real Estate Bureau, the Real Estate Bureau will give a receipt to pay the tax according to the date stated on the receipt form, which will take about 15 working days.

    4. After the real estate transfer tax is paid, you can get the real estate certificate. The materials that need to be prepared before the transfer of real estate mainly include the application form for real estate transfer registration, the certificate of real estate rights, the identity certificate of the applicant, the opinion of the co-owner of the real estate agreeing to the transfer, and other documents stipulated by laws, regulations, rules and normative documents. If the house is under mortgage, a written document of the mortgagee's consent should also be submitted.

    Legal basis: Article 14 of the Interim Regulations on the Registration of Immovable Property Article 14 Where an application for registration of immovable property is made for sale, creation of mortgages, etc., both parties shall jointly apply for it.

    In any of the following circumstances, the parties may apply unilaterally:

    1) The immovable property that has not yet been registered is applied for registration for the first time;

    2) Inheritance or acceptance of bequests to acquire immovable property rights;

    3) The establishment, modification, transfer, or extinction of immovable property rights in effective legal documents of the people's courts or arbitration commissions, or effective decisions of the people's courts;

    4) The name or title of the right holder or the natural situation changes, and the application for modification of registration is made;

    5) The immovable property is lost or the right holder gives up the rights of the immovable property and applies for cancellation of registration;

    6) Applying for correction of registration or objection to registration;

    7) Other circumstances where laws or administrative regulations provide that a unilateral application may be made by the parties.

  4. Anonymous users2024-02-03

    Hello, my daughter can transfer her house to her mother. However, it should be noted that the transfer of ownership of the house needs to meet the provisions of relevant laws and regulations, such as the need to pay relevant taxes and fees, and meet the transfer conditions stipulated by law. In addition, according to the relevant regulations, the owner of the house must be one of the two parties to the transfer, and the daughter needs to have the ownership of the house before she can transfer it to her mother.

    If the daughter is not the sole owner of the house, then she needs to get the consent of the other owners or follow the relevant procedures.

  5. Anonymous users2024-02-02

    In the actual lawsuit, since your mother already has a house, the house should be directly awarded to your mother Kailu (half of the joint property), so that the property can be transferred to your mother's name and then disposed of and sold. The other house is inherited by the mother, son, and daughter one-third each. If your son wants to own the house, he can give you two-thirds of it.

    If not, your share can be merged with your mother, compensate him, let him move out, transfer the property, and dispose of the split. It is necessary to temporarily lease the house for it during the execution. Although it is troublesome, it can generally support your mother and yours.

  6. Anonymous users2024-02-01

    Nowadays, most of the house transfer is carried out in the case of sale and purchase, but it is also possible that the parents transfer the house to their children, so how to go through the relevant procedures for the transfer of the mother's house to the daughter? What are the costs? In order to help you better understand the relevant legal knowledge, I have compiled the following content.

    1. How to handle the transfer of the mother's house to her daughter

    Parents bring "ID card", "household registration booklet", "marriage certificate", "house ownership certificate", "paternity certificate" and children bring "ID card", "household registration booklet" and "marriage certificate" to the local notary office to notarize the "house property right gift contract", and then bring the above procedures to the local housing property registration department to go through the house property right transfer procedures, and transfer the house property right to the name of the child.

    closing costs; 1) Notary fee; Pay at 2% of the room price, 2) Assessment fee: Pay according to the room price.

    3) Deed tax; Pay at 3% of the room rate.

    4) Land Appreciation Tax; Pay at 1% of the room rate.

    5) Income tax; Pay 1% of the house price.

    6) Housing property registration fee: RMB.

    Second, how to transfer the house does not cost money

    1. Handling fee: 6 yuan square meter for residence, 10 yuan square meter for non-residence. It is generally stipulated that the buyer and seller bear half of the burden.

    Quietly trembling imitation registration fee: 80 yuan for the general real estate residence category, and the buyer bears it. Land Gold:

    Generally, it is charged at the time of transfer of ownership, and is levied at 2% of the normal transaction price of the house. Seller's assumptions.

    2. Verification fee: 50 yuan. Deed tax to be paid for the transfer of second-hand housing:

    The tax rate is 3%, which is levied on the basis of normal trading transactions**; The deed tax rate of self-procured general residences (construction area of less than 144 square meters, floor area ratio of more than 4290 square meters, and sales of **4290 square meters) shall be halved and levied;

    3. If the demolition residents purchase real estate from scratch due to demolition, some of the equivalent of the demolition compensation will be exempted from deed tax, and if the transaction exceeds the demolition compensation, the deed tax will be levied on some of the exceedance. Buyer assumes.

    4. Stamp duty: Calculated and levied according to the normal transaction transaction, the buyer and the seller bear half of it. Income Tax:

    There are two ways to collect the purchase of the house when it is listed for less than five years: the tax rate is 20%, which is calculated and levied according to the income from the transfer of the property (the sale ** - the original price of the house - the original deed tax - the business tax paid - the reasonable expenses); If the original purchase is not provided, it will be levied at 1% of the transaction**. Seller's assumptions.

    According to the above content, it can be concluded that the transfer of the parents' house to the daughter should bring the ID card, household registration book, marriage certificate and other materials to the housing management office where the house is located, and the fees to be paid include notary fees, appraisal fees, deed tax, etc.

  7. Anonymous users2024-01-31

    Parents bring their ID cards, household registration books, marriage certificates, house ownership certificates, paternity certificates and children bring ID cards, household registration books, and marriage certificates to the local notary office to notarize the "Housing Property Rights Gift Contract", and then bring the above procedures to the local housing property rights registration department to go through the procedures for the transfer of the rights of the Civil Code of the People's Republic of China, and transfer the property rights of the house to the children's names.

    1. Procedures for inheritance of houses.

    The house inheritance procedures are: first of all, it depends on whether there is a bequest and maintenance agreement or will, if there is a bequest and maintenance agreement or will, death certificate, household registration book and my ID card to the housing management department to go through the transfer procedures directly; If there is no bequest and maintenance agreement or will, you need to go to the notary public to go through the inheritance notarization, and then go to the housing management department with the notarial certificate, death certificate, real estate certificate and other procedures for the transfer of ownership.

    2. What should I do if the old man's house is added to his children.

    The specific procedures for donating the house to the children of the elderly are as follows: parents bring ID cards, household registration booklets, marriage certificates, house ownership certificates, paternity certificates, and children with ID cards, household registration books, marriage certificates, and go to the local notary office to notarize the house property right gift contract, and then bring the above procedures to the local housing property rights registration department to go through the house property rights transfer procedures, and transfer the house property rights to the children's names. Bequests are different from statutory succession and testamentary succession and are subject to taxes.

    3. Transfer of real estate donated by parents to children.

    The process of transferring real estate from parents to children is as follows: parents and children jointly sign a gift contract; Bring the house ownership certificate and the house gift contract to the tax department to pay the relevant taxes and fees; Bring the relevant information and documents to the notary department where the house is located to go through the notarization procedures for gift; Apply for change of registration and transfer procedures with the relevant real estate department.

    Civil Code of the People's Republic of China

    Article 209:The creation, alteration, transfer, and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.

    The ownership of natural resources that belong to the State in accordance with the law may not be registered.

    Article 210 The registration of immovable property shall be handled by the registration authority at the place 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.

    Article 211:When a party applies for registration, it shall provide proof of ownership and necessary materials such as the address and area of the immovable property based on different registration items.

  8. Anonymous users2024-01-30

    The house can be transferred to a child. All you need is the consent of the property owner and the transfer of ownership to Sakuraunye. Even if the children are not yet minors, the transfer of ownership by the donor is a gift, and the donor is not required to have full civil capacity, but only requires the donor to have full right to dispose of the donated property.

    Therefore, the gift of the house is directly related to the owner of the house, that is, the gift of the spine and the person.

Related questions
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Write the account directly as you, and pay the money after the transfer.

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Because many real estate companies are now pursuing the speed of construction, and the quality control is getting lower and lower, so the house will be short-lived.

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Of course they have the right, but they can't, it's their only home, and if it is repossessed, they will be homeless and homeless.

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Absolutely, if you're a man, you can.

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