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If the property transferred by the parents to the children is transferred by way of sale and the property ownership certificate in the name of the child, the property right of the house is transferred, and it is the property legally owned by the child, and the parents cannot recover the property right of the house.
If the child does not pay for the purchase of the house, the parents can claim the creditor's rights in accordance with the law, and can ask the child to return the money for the purchase of the house. If the parents transfer the house to the child by way of gift, the child may apply for the recovery of the property that has been donated to the child if the child violates the provisions of the gift agreement or the conditions prescribed by law. The Contract Law provides:
Article 186:The donor may revoke the gift before the transfer of the right to the donated property. The provisions of the preceding paragraph do not apply to gift contracts that are in the nature of social public interest or moral obligations such as disaster relief and poverty alleviation, or gift contracts that have been notarized. Article 192: In any of the following circumstances, the donor may revoke the donation:
1) Seriously infringing upon the donor or the donor's close relatives; (2) Failure to perform the obligation to support the donor; (3) Failure to perform the obligations agreed upon in the gift contract. The donor's right of revocation shall be exercised within one year from the date on which the donor knew or should have known the reason for revocation. Article 193: Where the donor dies or loses the capacity for civil conduct due to the donee's illegal acts, the donor's heirs or legally-designated persons may revoke the donation.
The right of revocation of the heirs of the donor or the legal person shall be exercised within six months from the date on which the reason for revocation is known or should be known. Article 194:Where the person with the right of revocation revokes the donation, he may request the donee to return the donated property. Article 195: Where the donor's economic situation has deteriorated significantly, seriously affecting his or her production or business operations or family life, he may no longer perform the obligation to donate.
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At present, the transfer of housing purchase and sale can be carried out after 2 years.
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It's okay to have a title deed.
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Legal analysis: Procedures are completed within 30 days. It depends on the situation.
Legal Basis: "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.
In any of the following circumstances, the party 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.
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It usually takes 30 days.
1. The process of transferring the real estate certificate:
1. Go to the "Registration Information, Verification Agreement" window to go through the information registration and agreement verification procedures;
2. Go to the "real estate valuation" window to go through the appraisal procedures;
3. Go to the "notarization" window to go through the notarization procedures;
1) Applicant's resident ID card or household registration booklet and its photocopy;
2) If the **person applies on behalf of the client, the entrusting person shall submit the power of attorney and ID card and its copy; Other ** persons need to submit proof of ** right qualifications;
3) Certificate of ownership of the inherited property;
4) Death certificate of the decedent;
5) If the legal heir is deceased, the death certificate and kinship certificate must be submitted;
6) Proof of marriage, parents, children and relevant kinship of the decedent;
7) Other certificates and materials that the notary deems should be submitted;
4. Go to the "private transaction" window to go through the transaction procedures;
5. Pay stamp duty at the "deed tax and stamp duty" window;
6. Go to the "Property Rights Registration and Issuance Certificate" window to go through the procedures for changing the name of the "House Ownership Certificate".
2. Materials required for the transfer of real estate certificate:
1) Application for registration;
2) Proof of identity of the applicant;
3) Certificate of house ownership or real estate right;
4) Documents proving the transfer of ownership of the house;
It can be a sales contract, an exchange contract, a gift contract, a bequest certificate, an inheritance certificate, a division agreement, a merger agreement, a legal document effective by a people's court or arbitration commission, or other materials proving the transfer of ownership of the house.
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Legal Analysis: The parents' property can be transferred to the children. The owner has the right to dispose of his property freely, and his parents, as the owner of the right to use the house, are free to dispose of the property and can donate the property to anyone.
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, the inheritance or acceptance of bequests to obtain the immovable property rights 3, the establishment of the effective legal documents of the people's courts and arbitration commissions or the effective decisions of the people, etc., the establishment, alteration, transfer and extinction of the immovable property rights 4, the change of the name of the right holder or the natural condition of the right holder, the application for change of registration 5, the loss of immovable property or the waiver of the immovable property rights by the right holder, the application for cancellation of registration 6, the application for correction of registration or objection registration 7, the law, Other circumstances where administrative regulations provide that a unilateral application may be made by a party.
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If the elderly need to transfer a property to their children after the death of a set of real estate, the children who apply for the transfer of their own real estate can first obtain the death certificate of the elderly and the certificate of their heirs, and go to the local place of household registration for processing. After determining their inheritance rights, they need to go to the notary office of the district or city to handle the notarization of inheritance rights, and then they can handle the registration of the transfer of the house. However, if the old man did not leave a valid will before his death, he needs to follow the legal inheritance method, which needs to be in order, if the old man's spouse is still alive, the first heir is the spouse, and the second heir is the child.
What are the ways for the elderly to transfer ownership to their children?
There are three ways for the elderly to transfer ownership to their children, the first is the gift method, but the gift transfer is subject to deed tax, and the deed tax is 3% fee, and the cost is a lot in the whole transfer process. The second is the inheritance transfer, which is to transfer the property after the death of the elderly, and the real estate inheritance transfer is the most cost-effective, and you only need to bear the cost of inheritance notarization. The third is that it is normal to buy and sell, and second-hand housing transactions need to pay individual income tax, deed tax, and value-added tax.
If I have a will before my death, can I go to the Housing Authority to go through the transfer procedures directly?
If the elderly have left a valid will before their death, they cannot go to the housing authority to go through the transfer procedures directly. This is because the Housing Authority cannot verify the authenticity of the will, so the heirs need to determine the authenticity of the Will in the court in the form of a mediation letter or judgment according to the doctor's order, and then go to the Housing Authority to go through the transfer procedures. At the same time, the notarial certificate of inheritance rights needs to first determine the qualifications of the legal heirs and the inherited property, and then the notary offices around the country are responsible for issuing documents, but in the actual life and judgment work, the notarization of legal inheritance rights is very difficult to handle, because some parties are unwilling to handle the notarization of inheritance rights.
Finally, as a child to inherit the old man's real estate, the cost is not high, you only need to go to the notary office to go through the transfer procedures, you can complete the inheritance of the house, transfer.
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1. The parents' real estate can be transferred to the children. The owner has the right to dispose of his own property freely, and his parents, as the right to use his house, can freely dispose of the property, and can donate the house containing the cherry blossom property to anyone.
2. Legal basis: Civil Code
Article 240:The owner shall enjoy the right to possess, use, benefit from, and dispose of his immovable or movable property in accordance with law.
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.
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15 days laterIn the case of a property without a loan, fifteen working days after the completion of the closing of the property, the Housing Authority.
At the end of the internal filing period, the property can be found on the intranet of the Housing Authority and can be traded normally, so that it can be sold and transferred again.
Procedures for the transfer of ownership of second-hand real estate.
1) Application form for registration of real estate transfer;
2) Proof of identity of the applicant;
3) Certificate of Real Estate Rights;
4) The administrative decision of the relevant administrative organ, the real estate sales contract, (if notarization is required according to the regulations, the notarized real estate sales contract shall be submitted) or the notarized real estate gift, or the notarized real estate inheritance certificate, or the real estate exchange agreement.
or the agreement on the division of property of the house without filial piety;
5) A right of encumbrance has been created.
shall submit a written document of the mortgagee's consent;
6) The people's court shall submit an effective judgment for compulsory transfer.
Rulings, mediation letters and notices of assistance in enforcement.
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