My mother has a small property right house and wants to transfer it to me, how to handle it

1. After the gift, the mortgagor is yours, not your mother. If the mortgage is processed first, the gift cannot be processed until the loan is repaid.

2. The gift should be notarized, you and your mother (if the father is also a co-owner, the father will also go together) go to the notary office, handle the gift contract, and then go to the real estate department to transfer, and the gift contract notary office will write it for you.

3 The gift contract can be assigned to you personally, regardless of the spouse. This can be assigned to you as a personal property both before and after marriage.

4. The materials are ID card, household registration book, real estate certificate, and marital certificate.

5. The notary fee is about 2 percent, and the tax is about 3 percent, and it is not as cost-effective to handle the gift as it is to handle the sale, but if you are married now, the sale is shared by your husband and wife.

1. How to transfer ownership of a house with small property rights.

Small warrants. The developers of these small property rights houses do not have five certificates, so the buyers of small property rights houses cannot go to the housing management department to apply for the relevant real estate certificates and property rights certificates.

1. Small property rights generally belong to the collective land that has not paid the land transfer fee, if the household registration is in the village (community), belongs to the members of the village, the house has been completed with the housing ownership certificate, and the village committee agrees to transfer the ownership and can issue a certificate, the transfer can be made; If the above conditions are not met, the transfer cannot be made.

2. The risk of buying a second-hand house with small property rights is far greater than the benefits, and consumers had better not focus on this type of second-hand housing with property rights.

3. The so-called small property rights and township property rights are only local houses built with homesteads, without real property rights, not protected by national laws, and do not have the rights to own, transfer, dispose of, and benefit from the house, and cannot handle the property rights transfer procedures of the house. One of the most important is that even if it is a completely self-occupied house, there is no real estate certificate, which means that the buyer is not the legal property owner and cannot protect his rights and interests with the law.

2. The small delivery room mainly has the following three characteristics:

1. Small property rights are real estate developed and constructed on the land allocated by the state, the land transferred by the unit with the right to use, or the land owned by the collective.

2. The small property right house does not have complete property rights or although it has complete property rights, it is subject to certain restrictions on disposal.

3. Small property rights cannot be freely circulated in the market.

To apply for a transaction, the buyer and the seller can take the signed house sales contract and apply for the transaction transfer at the real estate transaction center.

Take the department to the reception hall of the financial department and prepare to pay the stamps, deed tax and other fees. After the payment is completed, you will receive the tax payment certificate. Take all the information obtained earlier and go to the real estate registration center to go through the real estate transfer procedures.

Both the seller's husband and wife are present and sign on the spot. After completing the transfer procedures, the final step is to obtain the real estate title certificate.

There is no land use certificate and pre-sale permit issued by the state for small property rights, and the purchase contract will not be filed with the Land and Housing Administration. If the household registration is in the village (community) and belongs to the members of the village, the house has completed the housing ownership certificate, and the village committee agrees to transfer the ownership and can issue a certificate, the ownership can be transferred, but the ownership cannot be transferred if the above conditions are not met.

The small property right house cannot be legally transferred to one's own name, and can only be transferred or replaced by one's relatives or within the collective members through the household, and cannot be transferred or replaced to a third party who is not a member of the collective.

First of all, a house with small property rights is not a legal concept, but a house that has not been paid for building a house on rural collective land without applying for a land certificate and paying the land transfer fee, that is, a house without five certificates.

This kind of small property right house cannot be transferred, but because he does not have a formal real estate certificate, but we can determine the right to use the property through an agreement, that is, it can be bought and sold normally.

The fact that most of the small property rights houses have different procedures also means that if the state wants to demolish these houses, there may be no corresponding compensation, because the procedures are illegal and cannot be protected by the law.

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If you can't transfer the ownership of a small property right house, you can request confirmation that the contract is invalid and return the purchase price. The small property right house does not have the real estate certificate, and the house has no property right certificate, and the house cannot be registered to receive the ownership certificate in accordance with the law and Lu Qingxian handles the transfer of the right file, and cannot be traded.

[Legal basis].Article 38 of the Law on the Administration of Urban Real Estate.

The following real estate shall not be transferred with imitation:

1) Where the land use right is obtained by way of transfer, it does not meet the conditions provided for in Article 39 of this Law;

2) Where judicial or administrative organs make rulings or decide to seal up or otherwise restrict real estate rights in accordance with law;

3) recovering the right to use land in accordance with law;

4) Co-ownership of real estate, without the written consent of the other co-owners;

5) the ownership is disputed;

6) Failure to register and receive a certificate of ownership in accordance with law;

7) Other circumstances where laws or administrative regulations prohibit transfer.

It cannot be bought and sold, and the small property rights cannot be traded normally, and the ownership cannot be transferred. Small property rights usually refer to the housing built for sale on the land owned by farmers in rural areas and urban suburbs in China, and this kind of housing cannot obtain the property right certificate issued by the state housing management department, but is issued by the township ** or village committee, so it is also called township property right housing. "Small property right house" is not a legal concept, but a conventional title formed by people in social practice.

This type of house does not have a land use certificate and pre-sale permit issued by the state, and the purchase contract will not be filed with the Land and Housing Administration, and the so-called property right certificate is not a real legal and valid property right certificate. In accordance with the relevant requirements of the state, small property rights shall not be confirmed and issued, and are not protected by law. Therefore, small property rights cannot be traded normally and cannot be transferred.

[Legal basis].

Article 22 of the Housing Registration Measures stipulates that under any of the following circumstances, the housing registration agency shall refuse to register: (1) the application for registration of a building that has not obtained a planning permit or construction permit in accordance with the law or has not been built in accordance with the area of the planning permit; (2) The applicant is unable to provide legal and valid proof of rights** or the housing rights applied for registration are inconsistent with the proof documents of rights**; (3) Where the items applied for registration conflict with those recorded in the housing register; (4) The house applied for registration cannot be specified or does not have independent use value; (5) The house has been expropriated or confiscated in accordance with law, and the original rights holder applies for registration; (6) During the period when the house is sealed in accordance with law, the rights holder applies for registration; (7) Other circumstances of non-registration provided for by laws, regulations and these Measures.