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If it has no legal effect, the property right of the house belongs to the parents, and the son has no right to dispose of the parents' real estate, unless the parents entrust it to the son and entrust the notarization.
Real estate certificate transfer process:
1. Go to the "Registration Information and Verification Agreement" window to go through the formalities of information registration and agreement verification;
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.The 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 necessary to 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".
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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If there is a notarized power of attorney, then the signature of the delegated person is valid, if not, it is invalid.
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It is useless unless the parents have a notarized power of attorney.
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The contract of sale and purchase of the house signed by the parents on behalf of the parent is authorized to be valid. Where the parties authorize the parents to sign on their behalf, or where the parties do not know about it but still recognize the contract later, the contract signed on behalf of the party shall be found to be valid; If the parents sign the contract in their name without the authorization of the parties, the contract shall not have legal effect on the parties, and all the consequences arising therefrom shall be borne by the parents in their names. "Civil Code of the People's Republic of China" Article 171 Where the actor does not have ** rights, exceeds ** rights, or ** rights are terminated, but still carries out ** acts, and has not been recognized by the ** person, it is not effective against the ** person.
The counterpart may urge the person being ** to make a retrospective recognition within 30 days of receiving the notice. Where the person being ** fails to make an expression, it is deemed to be a refusal to recognize. Before the act carried out by the perpetrator is recognized, the bona fide counterpart has the right to revoke it.
The revocation shall be made by way of notification. Where the conduct carried out by the actor is not recognized, the bona fide counterpart has the right to request that the actor perform the debt or request compensation from the actor for the harm suffered. However, the scope of compensation for annihilation shall not exceed the benefits that the counterparty can obtain when the person is recognized.
Where the counterpart knows or should know that the actor has no authority, the counterpart and the actor in the bending sedan chair bear responsibility for the breach in accordance with their respective faults.
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The contract for the sale of the house signed by the parents is valid. A contract is an agreement between the two parties on rights and obligations, which needs to be signed by both parties through consultation. If a parent signs a contract for the sale of a house on behalf of his or her children, he or she shall have a power of attorney, otherwise the contract cannot take effect.
Legal basis] Article 161 of the Civil Code.
Civil subjects may carry out civil juristic acts through ** persons. In accordance with the provisions of law, the parties' agreement to make an early decision, or the nature of the civil juristic act, civil juristic acts that shall be carried out by the person themselves must not be **.
Article 919.
The entrustment contract is a contract agreed between the principal and the trustee that the trustee will handle the affairs of the client.
Article 920.
The client may entrust the trustee to handle one or more affairs, or may entrust the trustee to handle all affairs in general.
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Legal analysis: The contract for the sale and purchase of the house signed by the parents on behalf of the parents is authorized to be valid. Where the parties authorize the parents to sign on their behalf, or where the parties do not know about it but still recognize the contract later, the contract signed on behalf of the party shall be found to be valid; If the parents sign the contract in their name without the authorization of the parties, the contract shall not have legal effect on the parties, and all the consequences arising therefrom shall be borne by the parents in their names.
Legal basis: Civil Code of the People's Republic of China
Article 465:Contracts established in accordance with law are protected by law.
A contract established in accordance with law shall only be legally binding on the parties involved, unless otherwise provided by law.
Article 469:The parties may conclude a contract in written, oral or other forms.
The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed.
Data messages that can be tangibly represented in electronic data interchange, e-mail, etc., and that can be accessed at any time shall be deemed to be in writing.
Article 509:The parties shall fully perform their obligations in accordance with the agreement.
The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction habits of the contract.
The parties shall avoid wasting resources, polluting the environment and damaging the ecology during the performance of the contract.
Article 577:Where one of the parties fails to perform its contractual obligations or its performance does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.
Article 929:In a paid entrustment contract, where the client's losses are caused by the trustee's fault, the client may request compensation for the losses. In the case of a gratuitous entrustment contract, if the client suffers losses due to the trustee's intention or gross negligence, the client may request compensation for the losses.
Where the trustee exceeds his authority and causes losses to the client, the losses shall be compensated.
Article 930:Where a trustee suffers losses due to reasons not attributable to him or her when handling entrusted affairs, he may request compensation from the client.
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Legal analysis: This situation belongs to the disposal of other people's property by the person without the right of disposition, and it is valid if it is recognized by the homeowner afterwards, and invalid if it is not recognized.
Legal basis: Article 311 of the Civil Code of the People's Republic of China Where a person without the right of disposition transfers immovable or movable property to the transferee, the owner has the right to recover it; Except as otherwise provided by law, the transferee shall acquire the ownership of the immovable or movable property under the following circumstances:
1) The transferee is bona fide when it transfers the immovable or movable property;
b) transfer in a reasonable manner;
3) The transferred immovable or movable property shall be registered in accordance with the provisions of law, and the transferee shall be delivered to the transferee if it does not need to be registered.
If the transferee obtains all the rights to the immovable or movable property in accordance with the provisions of the preceding paragraph, the original owner has the right to claim compensation from the person without the right of disposition.
Where the parties acquire other real rights in good faith, the provisions of the preceding two paragraphs shall apply by reference.
Hello, please pay attention to the details.
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