Can agricultural property be gifted to a non agricultural account?

OK. 1. The donor and the donee sign a written contract for the gift of the house, that is, the letter of gift.

The main contents of the gift book are:

1. The name, gender, date of birth and home address of the donor and the donee;

2. The relationship between the donor and the donee;

3. The reason for the gift;

4. The name, quantity, basic condition and location of the subject matter to be donated;

5. The donor's expression of intent on the act of donation;

6. The donor's signature or seal on the gift book and the date of signature.

2. Notarization.

According to the provisions of the Joint Notice of the Ministry of Justice and the Ministry of Construction on Strengthening Notarization in the Administration of Real Estate Registration, housing donations must be notarized. The notarization of the gift shall be accepted by the notary office at the donor's domicile or the place where the gift occurs. The gift of immovable property may also be accepted by the notary office where the immovable property is located.

The applicant for gift notarization shall submit the following documents and materials:

1. The identity document of the donor (copy of resident ID card, household registration booklet, passport, and pass);

2. Letter of Gift;

3. List of gifts and proof of ownership, such as real estate certificate, certificate of deposit, etc.;

4. If the donated property is common property, the co-owner shall provide a written opinion that the co-owner agrees to donate the property to others; If the donated property is owned by the collective, a written opinion from the members of the collective organization agreeing to the gift shall be submitted; If the gift is owned by the whole people, the state-owned asset management department shall submit the document approving the gift;

3. Go through the registration procedures for the transfer of house ownership.

The parties to the house donation shall submit the following documents to apply for change of registration at the real estate management agency:

1. Application form for house donation;

2. Housing ownership certificate (if the house is shared, the co-ownership certificate shall be provided);

3. Floor plan of the house;

4. Notarial certificate of house gift;

5. A copy of the ID card or household registration of the donor and the donee (check with the original);

6. Deed tax receipts.

4. The donor delivers the house to the donee.

The delivery here is subject to the registration of the transfer of property rights. If the registration formalities for the transfer of property rights have not been completed, but a written gift contract has been concluded between the parties, and the donor has handed over the original house ownership certificate to the donee, the gift shall also be deemed to be established in accordance with article 128 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China, and then the transfer procedures shall be completed.

No, you cannot. Article 153 of the Property Law: The acquisition, exercise and transfer of the right to use homestead land shall be governed by the Land Management Law and other laws and relevant state regulations.

Article 154 of the Property Law: If the homestead is lost due to natural disasters or other reasons, the right to use the homestead shall be extinguished. Villagers who have lost their homestead land shall be redistributed to the homestead.

Article 8 of the Law on Land Administration: Land in rural areas and on the outskirts of cities shall be owned by peasant collectives, except where it is owned by the State as prescribed by law; Homesteads, self-cultivated land, and self-cultivated mountains belong to peasant collectives.

Article 62 of the Land Management Law: A rural villager household can only own one homestead. Rural villagers who sell or rent their houses and then apply for homestead land are not to be approved.

Legal Analysis: A person with an urban hukou can inherit or receive a house on the homestead of his or her parents in rural areas, but he has no right to inherit or receive the right to use the donated homestead. To handle the gift and transfer to the children, it is necessary for the father and the mother to hold the ID card, household registration book, marriage certificate, real estate certificate, deed tax certificate, and land certificate together.

Children need ID cards, household registration books, and marriage status certificates.

Legal basis: "Inheritance Law of the People's Republic of China" Article 3 Inheritance is the personal legal property left by a citizen when he or she dies, including: (1) the citizen's income; (2) Citizens' houses, savings, and daily necessities; (3) Citizens' forests, livestock and poultry; (4) Citizens' cultural relics and library materials; (5) the means of production that are permitted by law to be owned by citizens; (6) Property rights in citizens' copyrights and patent rights; (7) Other lawful property of citizens.

Legal analysis: Rural self-owned houses cannot be donated to urban residents in the form of self-housing, because rural houses do not have real estate certificates, only the "homestead use right certificate" cannot apply for transfer procedures, and the house cannot be transferred to the name of the donee. But let him live.

Legal basis: Article 657 of the Civil Code of the People's Republic of China A gift contract is a contract in which the donor gives his property to the donee free of charge, and the donee expresses his acceptance of the gift.

A citizen's house is an individual's property and can be inherited in accordance with the provisions of the Inheritance Law of our country. Both rural villagers and urban citizens can enjoy the right of inheritance in accordance with the filial piety provisions of the Inheritance Law, and have the right to dispose of all the property owned by the individual according to their wishes. However, urban residents are also subject to restrictions under the Land Management Law when they inherit rural houses.

Urban citizens can only inherit houses on rural homesteads, and cannot inherit the homestead that supports them.

Legal basis: Article 1133 of the Civil Code of the People's Republic of China Natural persons may make a will to dispose of personal property in accordance with the provisions of this Law, and may appoint executors.

A natural person may make a will to designate personal property to be inherited by one or more of the legal heirs.

A natural person may make a will to donate his or her personal property to an organization or individual other than the state, collective, or legal heirs.

A natural person may establish a testamentary trust in accordance with the law.

Legal Analysis: A person with an urban household registration may inherit or receive a house on the homestead of his or her parents in rural areas in a number of difficulties, but he or she has no right to inherit or receive the right to use the homestead land. To handle the gift and transfer to children, parents need to hold ID cards, household registration books, marriage certificates, real estate certificates, deed tax certificates, and land certificates together.

Children need ID cards, household registration books, and proof of marital status.

Legal basis: Inheritance Law of the People's Republic of China Article 3 Inheritance is the personal legal property left by a citizen when he dies, including: (potato hill 1) the citizen's income; (2) Citizens' houses, savings, and daily necessities; (3) Citizens' forests, livestock and poultry; (4) Citizens' cultural relics and library materials; (5) the means of production that are permitted by law to be owned by citizens; (6) Property rights in citizens' copyrights and patent rights; (7) Other lawful property of citizens.

Rural self-owned houses cannot be donated to urban residents in the form of self-housing, because rural houses do not have real estate certificates, only the "homestead use right certificate" cannot apply for transfer procedures, and the house cannot be transferred to the name of the donee. But let him live.

1. Is the sale and purchase of self-built houses legally recognized?

The principle of buying and selling self-built houses in rural areas is invalid. When a rural self-built house is transferred, the right to use the homestead is transferred at the same time, so the rural private house sales contract involves the transfer of the rural homestead. In accordance with the provisions of the Land Management Law and relevant policies, the subject of the right to use rural homestead land is limited to the members of the collective economic organization, and the transfer of rural housing and homestead land to rural residents outside the collective economic organization shall be deemed invalid because it violates the nature of the membership rights of the collective economic organization.

In judicial practice, if the time of the rural homestead house sale contract is earlier, and the house price has been paid, the house has been delivered, and the relevant ** department has reviewed and approved, from the perspective of protecting the security of the transaction, the buyer of the rural self-built house sale and purchase shall not be invalid even if it is a villager who is not of the same collective economic organization or an urban resident. However, the contract for the sale and purchase of self-built houses in rural areas is not necessarily invalid. The validity of the rural private house sale contract should be handled according to the specific circumstances of both parties, and first, the specific determination of the identity of the parties and the actual reasons for the invalidity of the claim should be fully considered.

Second, it is necessary to carefully review the reality of the house sale, including the performance of the agreement, the ownership of the house, whether it has been approved, registered, whether there is renovation, whether the expansion has the conditions to vacate the house, etc.

2. Whether the house gift contract can be revoked.

Whether the house gift contract can be revoked needs to be judged on a case-by-case basis. The details are as follows:

1. If the gift relationship is established and the donee does not occupy it, the donor may exercise the right of revocation at will before using the house and its property right certificate;

2. If the gift relationship is established, and the donee occupies and uses the house and its property right certificate, but has not gone through the transfer procedures, the donor shall generally not exercise any right of revocation;

3. The house gift contract cannot be revoked after notarization. The right of revocation can only be exercised in the event of a statutory revocation, such as:

2) the obligation to support the donor and fail to perform;

3) Failure to perform the obligations agreed in the gift contract.

3. Can the house with a rural hukou be transferred to the children?

It can be transferred to a child. The parents of the house in the rural area are still alive, and if they want to transfer the house to their children, they must obtain the property rights of the house, and the formalities are complete, and they can apply for the transfer of the house at any time. Together with the registrant and co-owner of the real estate certificate and the buyer, you can apply for the transfer of the real estate certificate with your respective ID card, household registration book, certificate of marital status, and the above three housing certificates.

Except as otherwise provided by laws and regulations, the housing registration agency shall not handle the application for registration of the transfer of housing ownership of rural villagers, and the transferee is not a member of the rural collective economic organization where the house is located.

Article 657 of the Civil Code of the People's Republic of China A gift contract is a contract in which the donor gives his property to the donee free of charge, and the donee expresses his acceptance of the gift.