How to write the certificate of transfer of the house from the father to the son?

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.

This really doesn't require proof.

As long as you go to the housing authority and transfer the property directly.

Of course, if you are writing a will or something, you can write it to your children in advance.

There is no need to write anything to prove. Father and son can bring their ID cards, household registration booklets, real estate certificates, and land use certificates to the relevant real estate departments to go through the procedures for changing the name and transferring the ownership of the property.

There is no need to write any certificate to the son, as long as the father and son take the real estate certificate and ID card, go to the Land and Housing Administration Bureau to go through the transfer procedures, and they need to pay the transfer fee.

You don't need any proof, you can go directly to the real estate bureau to transfer the property in the form of sale, other gifts, inheritances, etc., taxes and fees are more expensive, even if you want to write a note to explain to your son in the future, you have to notarize it before it has a legal effect. The notary fee is also several thousand.

If the parents transfer the house to their son, they should go to the village committee to prove it, and ask the village committee to issue a certificate.

What's smart, the best way is to go directly to get the house license, and the transfer will be over If you want to say that you can't transfer the house now, for other reasons, you can write a notarization After writing this certificate, go to the notary office to notarize it according to me.

Prove no.

You have to go through the transfer procedures.

Legal analysis: There are three ways to transfer real estate to children: The first is to transfer the property by way of transfer, that is, to handle the transfer in accordance with the transaction procedures in the way of sale.

The second is to handle the transfer by way of gift, first handle the notarization of the gift, then handle the housing appraisal and housing appraisal, and finally handle the transfer. The third way is to handle the transfer by inheritance, but this situation needs to occur in the case of the death of one of the parents, which is not very common.

1) Transfer of ownership of the house to children by way of transfer: The main costs of handling the transfer of the house are business tax, individual income tax and deed tax.

2) Transfer the house to the children by gift: To handle the gift transfer, you need to pay individual income tax, deed tax and notary fees. There is no business tax on the transfer of gifts, because gifts are considered to be free gifts, so the donee is required to pay personal income tax, and at the same time, the gift transfer also needs to pay notary fees.

3) Transfer of the house to the children by inheritance: Compared with the sale and gift, the tax expenditure of the inheritance transfer is yes, because there is no business tax, individual income tax and deed tax on the inherited property, and only the notary fee needs to be paid. The heir can handle the notarization of inheritance rights with the will, and go to the housing management department to handle the transfer and change of name with the notarial certificate of inheritance.

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.

The procedures required for the transfer of the father's title deed to the son are as follows:

1. Gift method:

1) The donee submits the qualification review for the purchase of the house;

2) The two parties sign a gift agreement;

3) Both parties go to the notary office to do notarization of relatives, and it is not necessary to notarize a household register;

4) Both parties take the notarial certificate of relatives to the Construction Committee to pay taxes and handle the registration of property rights transfer, and the gift tax between immediate relatives is only 3% of the deed tax;

2. Buying and selling methods:

1) Sign the sales contract, and the buyer and the seller, together with the intermediary, negotiate and sign the contract on the real estate, delivery method, payment method, etc.;

2) Submit the documents, the buyer and the seller themselves bring the relevant information to the housing authority to apply for real estate transfer registration;

3) Pay taxes, after receiving the documents, the housing authority will pay various taxes and fees to the relevant tax bureau departments at the time required by them. The buyer and the seller each bring their original ID cards to pay their respective taxes;

4) After the buyer and the seller pay their respective taxes, both parties will bring their ID cards and all the invoices and documents of their respective taxes and fees to the housing authority to review and confirm that the taxes have been paid, complete the transfer, and receive the transfer receipt;

5) To obtain the certificate, the buyer shall bring the ID card and the transfer receipt to the housing authority to collect the new real estate certificate at the specified time according to the transfer receipt.

Legal basisArticle 61 of the Law of the People's Republic of China on the Administration of Urban Real Estate.

To obtain land use rights by way of transfer or allocation, an application for registration shall be made to the local people's land management department at or above the county level, and the land use right certificate shall be issued by the people at the same level after verification by the local people's land management department at or above the county level.

If a house is built on the land for real estate development obtained in accordance with the law, it shall apply for registration with the local people's real estate management department at or above the county level with the land use right certificate, and the local people's real estate management department at or above the county level shall verify and issue a house ownership certificate.

When real estate is transferred or changed, it shall apply to the local people's ** real estate management department at or above the county level for registration of real estate change, and apply to the people's ** land management department at the same level for registration of change of land use right with the changed house ownership certificate, and the people's ** land management department at the same level shall replace or change the land use right certificate after verification by the people's ** land management department at the same level.

Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws.

Legal analysis: First of all, the identity information of the donor and the donee should be written, including name, gender, ethnicity, date of birth, address, and preferably the ID number. Then it is necessary to write that the donor will donate the house located in ** to the donee, and the donee agrees to accept it.

The address of the house must be accurate to the house number.

Legal basis: Provisions on the Administration of Urban Real Estate Transfer》 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 30 days after the signing of the real estate transfer contract 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 15 days to make a written reply to whether to accept the application;

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 issues a transfer order.

The father's transfer of ownership of the house to his son requires the following formalities: signing a contract of assignment, gift or inheritance, signed by the father (both parents are required to sign for a joint property); Submit the application materials and go to the real estate bureau to fill in the ** and stock contract; The real estate bureau will give a receipt and pay taxes and fees; Both parties to the transaction have completed the registration of property rights change in the real estate transaction management department.

So, what should be paid attention to in the transfer of housing transactions?

Precautions for the transfer of ownership of a house transaction:

1. Check whether the property right is reliable;

2. Review the authenticity of the house ownership certificate, land certificate, property owner's ID card and other relevant documents;

3. Pay attention to whether the transaction house is rented;

4. Understand the floor area of the house.

That's all for the above questions, are you clear?

Legal basis: Article 21 of the Interim Regulations on the Registration of Immovable Property.

The registration of the registered items is 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.

Article 209 of the Civil Code of the People's Republic of China.

The creation, alteration, transfer and extinction of immovable property 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 of the Civil Code of the People's Republic of China.

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

On the whole, if it is a property that is intended for long-term self-occupation, it is most cost-effective to inherit and transfer the house by inheritance, followed by the transfer of the house gift. However, if the property is ready to be transferred again in the future, due to the high income tax to be paid by the gift transfer, it is more cost-effective to use the sale and purchase transfer than the gift transfer. If the owner of the property left a valid legal document during his lifetime, the appointment of an heir must be a notarized will before the death of the inheritor to be legally valid.

Of course, the estate must be the property of the deceased during his lifetime.

How to transfer the house to the parents, and what taxes should be paid for the transfer of the real estate to the parents? (1) If the transfer is made by gift: Cong Jing must first go to the notary office for notarization and pay the notary fee, deed tax and other fees.

1. Children and spouses should provide "ID Card", "Household Booklet", "Marriage Certificate", "House Ownership Certificate" and "State-owned Land Use Certificate"; Parents should provide "ID card", "household registration booklet" and "certificate of paternity". 2. Children and parents go to the local notary office to handle the notarization of house property right gift and sign the "House Property Right Gift Contract". 3. Bring the above materials to the local housing property registration department and land management department to go through the procedures for the sale and transfer of housing property rights and land change.

4. Notary fees, appraisal fees, deed tax, and house property registration fees need to be paid. (2) Transfer by way of sale: Transfer by way of sale is equivalent to the purchase and transfer of the house, which is the same as the general real estate transaction, and only needs to be handled by the housing management department, but different taxes and fees such as deed tax, business tax and individual income tax must be paid according to the situation of the house.

1. Children and spouses should bring "ID card", "household registration booklet", "marriage certificate", "house ownership certificate" and "state-owned land use certificate"; Parents bring "ID card" and "household registration booklet". 2. Parents and children go to the local housing property registration department and land management department to go through the procedures for the sale and transfer of housing property rights and land change. 3. Pay deed tax; Houses of more than 140 square meters are subject to business tax, and those that are not the only houses must pay individual income tax, and those who are less than five years of housing business tax and personal income tax must be paid; Pay the transaction fee for the house; Pay the registration fee for the property title.

Owners who need to transfer their houses to their parents should choose a suitable transfer method according to their age, the number of houses they own, the size of the house, etc., and may wish to consult the housing management department or intermediary company before the transfer, so as not to spend more money in vain.