What are the procedures for a mother to donate a property to her daughter?

If the mother wants to give her daughter real estate, it depends on whether the real estate certificate is only in your mother's name, if so, as long as your mother and the daughter who was gifted together, take the real estate certificate and ID card to the real estate transaction center to go through the procedures, mainly need to fill in a few **, if the daughter does not have a property, she only needs to pay the deed tax, if there is a property, you also need to pay the real estate tax. You can go to the real estate transaction center to consult, it's not very complicated.

As long as the property is the mother's own, you can bring the household registration book, ID card, and real estate certificate to the real estate transaction center to change it.

To handle a gift, you must first go to the notary office to handle the notarization of the gift!

Then go to the real estate transaction center to handle the gift transfer.

Documents to be submitted:

Certificate of Ownership of the House;

The original and photocopy of the ID cards of both parties (including the spouse of the donor);

If the party is unable to attend for any reason, a notarized power of attorney and the ID card of the ** person shall be issued;

Approval of application for real estate donation;

Notarial Deed of Gift;

A copy of the property rights definition card; Procedures:

The donor and the donor shall go to the office window to receive the approval letter for the application for real estate gift with the house ownership certificate, ID card, and notarial certificate of gift.

The donor and the donor (including the donor's spouse) shall submit the completed gift application approval form and other materials to the office window for review by the staff.

Staff's internal operations.

The donor and the donor shall pay the deed tax, land transfer fee and handling fee.

Pick up the house ownership certificate at the appointed time.

Transaction deed tax: transaction price * 3%.

Stamp Duty: Transaction Price*

Transaction fee: transaction price * residential 6 yuan square meter).

The cost of certificates: 80 yuan.

Notary fee: Calculated according to the room rate.

Grade. Total amount of real estate (10,000 yuan).

Progressive billing rate

100 or less (including 100).

101 or more to 1000 parts.

1001 to 2000 parts.

2001 above to 5000 parts.

5001 to 8000 parts.

8001 to 10000 parts.

10,000 or more parts.

Legal analysis: Yes, according to the relevant laws and regulations, the property owner can dispose of his property independently. 1. If the house belongs to one's own children, the children's house can be donated to their parents if they are voluntary; 2. However, if the ownership of the house belongs to the children and the spouse jointly owned, the children's house can only be donated to their parents with the consent of the spouse;

Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property acquired by husband and wife during the existence of their marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife: (1) wages, bonuses, and remuneration for labor services; (2) Income from production, operation and investment; (3) the proceeds of intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; (5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.

Legal analysis: 1. The ID card and household registration book of the donor and the donee, as well as the certificate of marital status of the donor. 2. If the donated property is common property, the co-donor shall apply to the notary office in person as the co-donor, or sign the declaration of consent to the gift.

3. Proof of right to donate property, such as real estate certificate, deposit certificate, etc. 4. Gift contract. 5. In the gift contract, if there is a statement about the kinship between the donor and the donee, the corresponding kinship certificate shall be provided.

6. Other supporting materials that the notary deems necessary to be provided.

Legal basis: 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.

1. The answer to question 1 is that making a will is your personal property that clearly belongs to you, but the premise is that your mother has no other will or bequest agreement that conflicts with this will and has a higher effect than the will; 3. Generally, if you make a gift agreement and transfer the house directly to your daughter, you can strengthen its legal effect through notarization or lawyer witnessing, but there is a risk, that is, if the gift infringes on the right of other heirs to inherit the group, it may be revoked, because the gift is a unilateral act of your mother, and it may be withdrawn if it meets the legal conditions.

Article 209 of the Civil Code 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 are absolutely owned by the state according to the law may not be registered. Article 657: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.

Article 659:Where it is necessary to go through registration or other formalities in accordance with law for donated property, the relevant formalities shall be completed.

Lawyer's analysis: transfer to mother by way of gift:

1. Bring the mother and daughter's "ID card", "household registration book", "marriage certificate", "Fangtong Zaoliang House ownership certificate", "marriage certificate" and other materials, and the parties go to the local notary office to notarize the "House Property Gift Contract".

2. Go to the government affairs center to pay the deed tax and get the house deed.

3. Go to the tax authorities to go through the business tax exemption procedures.

4. 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 house to the names of your parents.

The transfer process of transferring ownership to the mother in a wide manner:

1. Contract signing. If the transfer of the real estate certificate does not go through a real estate agency, the terms of the contract and the terms of breach of contract must be clearly written, and the party named on the seller's real estate certificate must be present when signing the contract (if it is married, both husband and wife need to be present and signed, even if there is only one person's name on the real estate certificate).

2. Prepare the application materials, and then go to the real estate bureau to fill in some ** and a stock contract, and the amount on the stock contract must be the same as the amount on the signed contract.

3. After the application materials for the transfer of real estate are submitted to the Real Estate Bureau, the Real Estate Bureau will give a receipt to pay the tax according to the date stated on the receipt form, which will take about 15 working days.

4. After the real estate transfer tax is paid, you can get the real estate certificate. The materials that need to be prepared before the transfer of real estate mainly include the application form for real estate transfer registration, the certificate of real estate rights, the identity certificate of the applicant, the opinion of the co-owner of the real estate agreeing to the transfer, and other documents stipulated by laws, regulations, rules and normative documents. If the house is under mortgage, a written document of the mortgagee's consent should also be submitted.

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) Inheritance or acceptance of bequests to acquire immovable property 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;

4) The name or title of the right holder or the natural situation changes, and the application for modification 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 or administrative regulations provide that a unilateral application may be made by the parties.

What are the procedures for parents to donate a house to their children? 1. The donor and the donee sign a written agreement on the gift of the house. 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, number, fundamental state and location of the subject matter to be donated; 5. The donor's intention to donate; 6. The date of the donor's signature or seal on the gift book.

Second, the notarization of the Ministry of Evidence, the Department of Equipment, the Department of Equipment Deployment "on the Solidarity of Enhancing Notarization in the Registration of Real Estate" delineation, the gift must be notarized. The notarization of the gift shall be accepted by the notary office at the place where the donor is domiciled or where the gift is made. 1. The identity document of the donor (a copy of the 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 gift is a common property, the co-owner shall provide a written opinion that the co-owner agrees to donate the property to others; If the gift is owned by the group, a written opinion of the members of the group agreeing to the gift shall be submitted; If the gift is owned by the whole people, the documents of the state-owned assets handling part of the agreement to the gift shall be submitted.

3. Handle the registration procedures for the transfer of ownership of the house The parties to the house donation shall submit the following documents to apply for change registration at the real estate handling agency: 1. Application form for house donation; 2. Housing ownership certificate (if co-owned, the co-ownership certificate shall be provided); 3. Floor plan; 4. Notarial deed of gift; 5. A copy of the ID card or household registration of the donor and the donee (check with the original); 6. Deed tax strip. 4. The donor will deliver the house to the donee The delivery here shall be subject to the registration of property rights transfer.

If the property rights transfer registration formalities have not been completed, but a written gift treaty has been concluded between the parties, and the donor has already transferred the original house property right certificate to the donee, the gift shall also be determined to be established in accordance with Article 128 of the "Opinions of the People's Court on the Implementation of the General Principles of the People's Law of the People's Republic of China".

Article 6 of the Civil Code is one hundred and fifty-seven.

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.

Article 659 of the Civil Code.

Where it is necessary to go through registration or other formalities in accordance with law for donated property, the relevant formalities shall be completed.

Article 660 of the Civil Code.

If the donor does not deliver the donated property, the donee may request the delivery of the gift contract that has been notarized or has the nature of public welfare or moral obligations such as disaster relief, poverty alleviation, or assistance to the disabled, and the donor does not deliver the donated property.

Where the donated property that shall be delivered in accordance with the provisions of the preceding paragraph is damaged or lost due to the donor's intentional or gross negligence, the donor shall be liable for compensation.

[Legal Analysis].The legal provisions for the gift of real estate are as follows, and the donor must be the owner of the immovable property and have full civil capacity. The donated property must be a legal title document, and there are no property rights disputes. Both the donor and the donee are voluntary, and there is also a written donation agreement and notarial deed.

Donations of real estate must be registered and reviewed by the real estate management agency, and the property rights transfer procedures must be completed.

Legal basis]:Article 662 of the Civil Code of the People's Republic of China Where the donated property is defective, the donor shall not be liable. In the case of a gift with obligations, if the donated property is defective, the donor shall bear the same liability as the seller within the limits of the obligations. Where the donor deliberately fails to inform the recipient of the defect or guarantee that there is no defect, causing losses to the donee, it shall be liable for compensation.