Does the son have the right to sell the house his parents gave him?

1. The way in which the "son" obtains the ownership of the house of his parents reflected in the question is legal and valid, and the son has the legal right to occupy, apply, benefit and dispose of the ownership of the house.

2. Under the circumstance that the "son" embodied in the question is the sole legal owner of the ownership of the house, he has the right to dispose of the ownership of the house. No unlawful interference from others.

3. The "son" described in the question is the maintenance obligation of the parents, and shall not fail to perform the maintenance obligation to the parents on the grounds of renunciation of inheritance rights or other reasons, otherwise the parents who lose the ability to work or lack economic support have the right to initiate a civil lawsuit to require them to pay the maintenance expenses.

The judicial basis is Articles 71 and 72 of the General Principles of the Civil Law of the People's Republic of China.

The judicial basis is Article 130 of the Contract Law of the People's Republic of China.

The judicial basis is Articles 14 and 19 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly.

What do you do to eat, the house that your parents bought, write your name and it will become yours, do you have the ability to buy a house yourself, you don't know? If they are willing to spare you, that's another matter, to sue you, you need to prove that you have the financial ability to buy a house, so much money is obtained from **, the court is a place to preside over fairness and justice, not a place for you to do nonsense, go up and try it. For the parents who raised you, then the days when you hit the wall are still ahead.

Legally, the house is your property as long as it is in your name, if you reach the age of 18. But you have to have a title deed to sell your house.

Housing is a major matter, young people should consider everything comprehensively, it is illegal to be unfilial to their parents, and family matters should be negotiated together.

Parents can buy a house for their children, but they cannot just sell their children's property. Even if the parents are the funder of the actual purchase of the property, but because the house is registered in the name of the child. The normal procedure is that only the child is at least 18 years old, and the child can only sell the brother ruler with the child's consent.

If it is necessary to ** due to special circumstances, it is necessary to obtain the signature documents of all guardians first, confirm their guardianship qualifications, and then sign a letter of guarantee, which should indicate that the ** property is for the benefit of the child.

The house is in the son's name, and the parents have no right to take it for themselves or buy or sell it. If there is no evidence to the contrary, the property in the son's name belongs to the son, and the parents have no right to dispose of it.

Civil Code of the People's Republic of China

Article 1177:Where lawful rights and interests are infringed, the circumstances are urgent and they cannot promptly obtain protection from state organs, and failure to take immediate measures will cause irreparable harm to their lawful rights and interests, the victim may employ reasonable measures such as withholding the infringer's property to the extent necessary to protect their lawful rights and interests; However, a request should be made immediately to the relevant State authorities for disposition.

Where the measures taken by the victim improperly cause harm to others, they shall bear tort liability. Article 1182:Where the infringement of the personal rights and interests of others causes property losses, compensation is to be made in accordance with the losses suffered by the infringed party or the benefits obtained by the infringer as a result; Where it is difficult to determine the losses suffered by the infringed party and the benefits obtained by the infringer as a result, and the infringed party and the infringer disagree on the amount of compensation and file a lawsuit with the people's court, the people's court shall determine the amount of compensation based on the actual circumstances. Article 220 Where the right holder or interested party believes that the matters recorded in the immovable property register are incorrect, they may apply for correction of the registration.

Where the right holder recorded in the immovable property register agrees in writing to make the correction or there is evidence to prove that the registration is indeed in error, the registration authority shall make the correction.

If the right holder recorded in the immovable property register does not agree to the correction, the interested party may apply for registration of objection. If the registration authority registers the objection, and the applicant does not file a lawsuit within 15 days from the date of registration of the objection, the objection registration shall become invalid. If the opposition is improperly registered and causes damage to the right holder, the right holder may claim damages from the applicant.

Article 221:Where a party signs an agreement on the sale or purchase of a house or an agreement on other real estate rights, in order to ensure the realization of real rights in the future, it may apply to the registration authority for advance notice registration in accordance with the agreement. If the immovable property is disposed of without the consent of the right holder of the advance notice registration after the registration of the notice, the real right shall not take effect.

After the advance notice is registered, if the creditor's right is extinguished or the application for registration is not made within 90 days from the date on which the immovable property can be registered, the advance notice registration shall become invalid.

Legal Analysis: Children do not have the right to sell their parents' house. Whoever has the right to dispose of the house, and only the parents can sell the parents' house.

Because real estate is immovable property, the real estate is registered in the name of whoever owns the house. Therefore, even if the children want to sell their parents' house, it will be useless to find that there is no real estate in their name that can be bought and sold when they go through the transfer of real estate.

Legal basis: Civil Code of the People's Republic of China

Article 240:Owners enjoy the right to possess, use, benefit from, and dispose of their immovable or movable property in accordance with law.

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 214 Where the creation, alteration, transfer or extinction of real estate rights shall be registered in accordance with the provisions of law, they shall take effect when they are recorded in the real estate register.

Legal analysis: The name of the parents is on the house book, and they can completely dispose of it on their own, without the consent of other people.

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 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) Inheriting or accepting a bequest to obtain real estate 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;

A) The name or title of the right holder or the natural condition changes, and the application for change 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 and administrative regulations provide that the parties may unilaterally disturb the application for the ear cover.

Children do not have the right to sell their parents' house. Whoever has the right to dispose of the house, and only the parents can sell the parents' house. Because the real estate belongs to the movable property of the Liang tribe of the Budan, the real estate registration is whose name is his, and the house is his.

Therefore, even if the children want to sell their parents' house, it will be useless to find that there is no real estate in their name that can be bought and sold when they go through the transfer of real estate.

Article 240 of the Civil Code of the People's Republic of China The owner shall enjoy the right to occupy, use, benefit from and dispose of his immovable or movable property in accordance with law. Article 214 of the Civil Code of the People's Republic of China provides that the creation, alteration, transfer and extinction of real estate rights shall be registered in accordance with the provisions of the law, and shall take effect when they are recorded in the real estate register. Article 209 of the Civil Code of the People's Republic of China provides that the establishment, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with law; If it is not registered, it will 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.

The parents have no share in the property in the son's name, because the son is the owner of the property. However, with the son's consent, the parents can use the house without compensation, and if the parents use the house without the son's consent, the son has the right to demand the return of the property from the parents.

Article 240 of the Civil Code of the People's Republic of China All persons with the right to bury and confiscate their immovable or movable property shall enjoy the right to occupy, use, benefit from and dispose of their immovable or movable property in accordance with law. Article 241 of the Civil Code of the People's Republic of China The owner has the right to create a usufructuary right and a security interest in his immovable or movable property. The exercise of rights by the usufructuary right holder or security right holder shall not harm the rights and interests of the owner.

Article 235 of the Civil Code of the People's Republic of China Where a person has no right to occupy immovable or movable property, the right holder may request the return of the original property.