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What procedures are required for the transfer of the father's house to the son, it is better not to need any procedures, because after all, it is the normal transfer of the father's house to the son.
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Step 1: The donee submits the qualification review for the purchase of the house. Step 2:
The two parties sign a gift agreement. Step 3: Both parties go to the notary office to do notarization of relatives (notarization is not required in one household register).
Step 4: Both parties take the notarial certificate of their relatives to the Construction Committee to pay taxes and handle the registration of property rights transfer, and the gift tax between immediate family members is only 3% of the deed tax.
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The transfer of the house to the son requires the ID cards of two people, as well as your household registration book, and then the son and father must go to the real estate and the real estate bureau to sign for confirmation.
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There is no need for the transfer of the house, as long as both parties bring their documents to the trading center to handle the transfer, which is equivalent to the sale and purchase of the house.
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If the son is an adult, bring the ID card, marriage certificate, and household registration book directly to the transfer center to go through the transfer procedures, if the son is a minor, both husband and wife need to bring the ID card, marriage certificate, and household registration book to go through the gift procedures at the transfer center.
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The father's house transfer to his son needs to prepare the ID cards and real estate certificates of the two of you, go to the real estate registration center to go through the relevant procedures, and immediately issue a new certificate, hoping that it will be smooth.
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If your father's house is transferred to his son, you need to go to the place where the transfer is required to inquire about what procedures are required, and then after you have collected the procedures, you can go directly to the transfer.
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What are the procedures for transferring the father's house to the son? I think I'm holding a house photo. The household registration book and ID card should be fine.
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What procedures are required for the transfer of the father's house to the son, as long as you bring the real estate certificate, ID card, and household registration book. You can go and handle it.
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What are the procedures for transferring the father's house to the son? In fact, in this case, it is also provided for the corresponding transfer.
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Father's father's father, what procedures do you need to transfer the house to your son, I don't think there are any procedures, but you need it, you can go to the real estate certificate to transfer the household, pay the tax, and both parties can sign it.
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If the father's house is transferred to the son, he only needs to bring the household registration book, real estate certificate and relevant certificates to the housing authority and relevant units to go through the house transfer procedures.
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In fact, in this case, I also think that you should have a certificate of transfer of the account, or other things.
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You can ask the Housing Authority.
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These should be asked by the local real estate office.
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The following procedures are required: (1) an application for registration; (2) The identity materials of the applicant and the ** person, and the power of attorney; (3) Relevant real estate ownership certificates, registration reason certificates, and real estate ownership certificates; (4) Materials such as the site, spatial boundaries, and area of immovable property; (5) Explanatory materials on the interests of others; (6) Other materials provided for by laws, administrative regulations, and detailed rules for the implementation of these Regulations. The immovable property registration authority shall disclose the information such as the catalogue of materials and model texts required for application for registration in the office space and on the portal.
Article 16 of the Regulations of the People's Republic of China on the Provisional Registration of Immovable Property.
The applicant shall submit the following materials and be responsible for the authenticity of the application materials: (1) the application for registration; (2) The identity materials of the applicant and the ** person, and the power of attorney; (3) Relevant real estate ownership certificates, registration reason certificates, and real estate ownership certificates; (4) Materials such as the site, spatial boundaries, and area of immovable property; (5) Explanatory materials on the interests of others; (6) Other materials provided for by laws, administrative regulations, and detailed rules for the implementation of these Regulations. The immovable property registration agency shall disclose the information such as the catalogue of materials required for application for registration and the model text of the application for registration in the office and on the portal.
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Legal analysis: The registration procedures for the transfer of housing can be handled through second-hand housing transactions or real estate gifts. Here's how:
1. How to handle the transfer of housing property rights for the gift of housing property rights: parents bring ID cards, household registration books, marriage certificates, house ownership certificates, paternity certificates and children with ID cards, household registration books, and marriage certificates to the local public office to handle the notarization of the "Housing Property Rights Gift Contract", and then bring the above procedures to the local housing property rights registration department to handle the housing property rights transfer procedures, and transfer the house property rights to the children's names. 2. How to handle the transfer of property rights in the history of housing sales:
Parents should bring their ID cards, household registration booklets, marriage certificates, and house ownership certificates and their children bring their ID cards, household registration books, and marriage certificates to the local housing property registration department to go through the procedures for the transfer of housing property rights, and transfer the property rights to the children's names.
Legal basis: Interim Regulations on the Registration of Immovable Property Article 21 The registration of registered items shall be completed when they are recorded in the immovable property register. When the immovable property registration authority completes the registration, it shall issue the immovable property ownership certificate or registration certificate to the applicant in accordance with the law.
Derivative question: How can children inherit if they don't have a property? If there is no will, the property will be inherited in accordance with the legal order of succession.
The order of legal succession is: first order: spouse, children, parents; The second limb is in order:
Siblings, grandparents, maternal grandparents. After the inheritance begins, the heirs in the first order will inherit first, and if there is no heir in the first order, the heirs in the second order will inherit it.
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Empirical class, not production.
Legal Analysis: Three ways to transfer property to children. 1.
in the form of a sale. Children need to pay three taxes: business tax, personal income tax and deed tax. 2.
If you give it to your children, you don't have to pay taxes. 3.The way of inheritance is that you only need to pay a notary fee.
The basis of the law of the law of the law:
Article 7 of the Provisions on the Administration of Urban Real Estate Transfer shall be handled in accordance with the following procedures: (1) The parties to the transfer of real estate sign a written transfer contract; (2) Within 90 days after the signing of the real estate transfer contract, the parties to the real estate transfer shall apply to the real estate management department where the real estate is located with the real estate ownership certificate, the legal certificate of the parties, the transfer contract and other relevant documents, and declare the transaction**; (C) the real estate management department to provide the relevant documents to review and within 7 days to make a written reply on whether to accept the application, within 7 days without a written reply, deemed to agree to accept; (4) The real estate management department verifies the declared transaction**, and conducts on-site investigation and evaluation of the transferred real estate as needed; (5) The parties to the transfer of real estate shall pay the relevant taxes and fees in accordance with the regulations; (6) The real estate management department shall go through the registration procedures for housing ownership and issue the real estate ownership certificate.
Article 659 of the Civil Code of the People's Republic of China: Where donated property needs to go through registration or other formalities in accordance with law, the relevant formalities shall be completed.
Article 1070:Parents and children have the right to inherit each other's inheritance.
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1. Handle the transfer of housing property rights according to the gift of housing property rights; 1. Parents bring "ID Card", "Household Booklet", "Marriage Certificate", "House Ownership Certificate", "Father-Child Relationship Certificate" and children bring "ID Card", "Household Booklet" and "Marriage Certificate" to the local notary office in Xiyinshan to handle the notarization of the "Housing Property Rights Gift Contract", and then bring the above procedures to the local housing property registration department to go through the procedures for the transfer of housing property rights, and transfer the property rights of the Boqiao house to the names of the children. 2. Transfer costs; (1) Notary fee; Pay at 2% of the room price, (2) Assessment fee: Pay according to the room price.
3) Deed tax; Pay (4) in-auction value-added tax at 3% of the house price; Pay at 1% of the room rate. (5) income tax; Pay (6) house property registration fee at 1% of the house price: yuan.
2. Handle the transfer according to the house sale 1, the parents bring the "ID card", "household registration book", "marriage certificate", "house ownership certificate" and children bring the "ID card", "household registration booklet" and "marriage certificate" to the local housing property registration department to go through the housing property rights transaction transfer procedures, and transfer the house property rights to the name of the children. 2. Transfer costs; (1) Deed tax; For first-time buyers of less than 90 square meters, 1% shall be paid; 90-140 square meters according to the house price; More than 140 square meters shall be paid at 3% of the house price (2) Business tax: the property right of the house shall be exempted for five years, and the house price shall be paid according to the price of the house for less than five years.
3) Land Appreciation Tax; The property right of the house is exempted for five years, and the payment is 1% of the house price if it is not more than five years. (4) Income tax on buried tongqin: exempted from the property right of the house for five years, and paid at 1% of the house price or 20% of the difference between the original value of the house and the current value of the house if it has not exceeded five years.
The original value of the house is generally calculated according to the tax paid amount of the previous deed tax) (5) housing transaction fee; According to the building area of 6 yuan square meter to pay (6) housing property registration fee: yuan. (7) Housing appraisal fee; Pay according to the assessed amount.
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1. Parents bring "ID Card", "Household Booklet", "Marriage Certificate", "House Ownership Certificate", "Paternity Certificate" and children bring "ID Card", "Household Booklet" and "Marriage Certificate" to the local notary office to notarize the "Housing Property Rights Gift Contract", and then bring the above procedures to the local housing property rights registration department to go through the housing property rights transfer procedures, and transfer the house property rights to the children's names.
2. Transfer costs;
(1) Notary fee; Pay at 2% of the room price, (2) Assessment fee: Pay according to the room price.
3) Deed tax; Pay at 3% of the room rate.
4) Land Appreciation Tax; Pay at 1% of the room rate.
(5) income tax; Pay at 1% of the room rate.
6) Housing property registration fee: RMB.
Second, what materials are needed for real estate transfer?
1) Application form for registration of real estate transfer;
2) Proof of identity of the applicant;
Materials required by the seller: original ID card and a copy of ID card. If you are married, you need the original marriage certificate and a copy, and the original real estate certificate; If one of the husband and wife is unable to be present, they must first write a power of attorney and then go to the justice bureau to notarize, the household registration book and a copy.
Materials required by the buyer: original ID card and a copy of the ID card, household registration book and copy, if you are single, you need to go to the Civil Affairs Bureau to open a single certificate.
3) Certificate of Real Estate Rights;
4) Administrative decision of the relevant administrative organ, real estate sales contract, (notarized real estate sales contract shall be submitted according to regulations) or notarized real estate gift, or notarized real estate succession certificate of acceptance, or real estate exchange agreement, or real estate division agreement;
5) If a mortgage has been created, a written document with the consent of the mortgagee shall be submitted;
6) In the case of compulsory transfer by the people's court, an effective judgment, ruling, mediation document and notice of assistance in enforcement shall be submitted;
7) For the transfer of real estate of unincorporated enterprises and organizations, the approval documents of the property rights department agreeing to the transfer shall be submitted;
8) administrative allocation, reduction or exemption of land premium land, should be submitted to the competent authority of the approval documents and proof of payment of land premium;
9) If the real estate is obtained by bidding, auction and listing, the confirmation of winning the bid, the confirmation of the auction transaction, the contract for the transfer of land use rights, and the proof of payment of the land price shall be submitted;
10) If it is a welfare commercial house, it should be submitted to the relevant competent department for approval;
11) Demolition compensation shall be submitted to the demolition compensation agreement;
12) Opinion of the co-owners of the real estate agreeing to the transfer;
13) In the case of acquisition or merger of enterprises, the approval documents of the relevant departments shall be submitted;
14) In the case of real estate transfer between state-owned enterprises or other organizations, the approval documents of the relevant departments shall be submitted;
15) Other documents stipulated by laws, regulations, rules and normative documents.
Legal basis: Article 17 of the Administrative Measures for the Registration of Urban Housing Ownership Article 17 If the ownership is transferred due to the sale, exchange, gift, inheritance, allocation, transfer, division, merger, adjudication and other reasons of the house, the parties shall apply for transfer registration within 90 days from the date of occurrence of the fact. Submit relevant information.
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[Legal Analysis].Step 1: The donee submits the qualification review for the purchase of the house. Step 2:
The two parties sign a gift agreement. Step 3: Both parties go to the notary office to do notarization of relatives; Step 4: Both parties take the notarial certificate of relatives to the Construction Committee to pay taxes and handle the registration of property rights transfer; Gifts between immediate family members are subject to a 3% deed tax.
[Legal basis].Article 7 The transfer of real estate shall be handled in accordance with the following procedures:
1) The parties to the real estate transfer sign a written transfer contract;
2) The parties to the real estate transfer shall apply to the real estate management department where the real estate is located within 90 days after the signing of the real estate transfer contract or within the clan with the real estate ownership certificate, the legal certificate of the parties, the defects of the transfer contract and other relevant documents, and declare the transaction**;
C) the real estate management department to provide the relevant documents to review, and within 7 days to make a written reply on whether to accept the application, within 7 days did not make a written reply, deemed to agree to accept;
4) The real estate management department verifies the declared Tuanzhou transaction**, and conducts on-site investigation and evaluation of the transferred real estate as needed;
(5) The parties to the transfer of real estate shall pay the relevant taxes and fees in accordance with the regulations;
(6) The real estate management department shall go through the registration procedures for housing ownership and issue the real estate ownership certificate.
The above is only the current information combined with my understanding of the law, please refer to it carefully!
If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.
For example, in a certain year, month, day, and time, in a certain minute and a certain second, after negotiation between the two parties, it was finally decided to transfer the house in a certain place to the son, set up some evidence as proof, and then write the year, month and date and sign the name.
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