-
Anonymous users2024-02-07Children can still be sold.
However, there are two situations, when the children transfer the property again in the future, if the property ownership certificate has been obtained for 5 years and it is the only house, the daughter only needs to pay a small transaction fee.
If the property ownership certificate is less than 5 years old or you own more than one house, you need to pay 1% of the total personal income tax and business tax on the value-added part.
-
Anonymous users2024-02-06After the death of the father, the title deed is in the father's name, and if the mother is still alive, the title can also be transferred to one of the children, provided that the property is not part of the joint property of the husband and wife and the consent of the mother and other heirs.
Article 1127 of the Civil Code of the People's Republic of China The inheritance shall be carried out in the following order:
1) First order: spouse, children, parents;
2) Second order: siblings, grandparents, maternal grandparents.
After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir, the second-order heir shall inherit.
From the above legal provisions, we can see that in the absence of a will or other special circumstances, the spouse and children are the heirs in the first line of succession and have the right to inherit the estate of the decedent.
Article 1130 of the Civil Code of the People's Republic of China The share of inheritance inherited by heirs in the same order shall generally be equal.
Heirs who have special difficulties in living and lack the ability to work shall be taken care of when distributing the inheritance.
Heirs who have fulfilled the main obligation to support the decedent or who live with the decedent may receive more than one share of the inheritance when the inheritance is distributed.
If an heir who has the ability and the conditions to support does not fulfill his obligation to support, the inheritance shall be distributed without or less.
Where the heirs agree through consultation, it may also be unequal.
From the above provisions, we can see that the inheritance should generally be divided equally, but if the heirs agree through negotiation, it can also be unequal, so if the father's estate is to be transferred to one of the children, the consent of the mother and the other heirs is required. In addition, although the property is registered in the father's name, it may still be the joint property of the husband and wife, so if the property is the joint property of the husband and wife, the mother's consent to transfer her share to the children is also required if the property is transferred to the name of one of the children.
-
Anonymous users2024-02-05Legal Analysis: The child's property can be transferred to the parents. According to the relevant laws and regulations, the owner of immovable property may possess, use, benefit from and dispose of his immovable property in accordance with the law, and the disposition of the immovable property rights enjoyed shall go through the registration formalities in accordance with the law, otherwise the effect of the change in real rights will not occur.
Legal basis: Civil Code of the People's Republic of China
Article 232:Where the disposition of immovable property rights enjoyed in accordance with the provisions of this section requires registration in accordance with the provisions of law, the real rights shall not take effect without registration.
Article 240:Owners enjoy the right to possess, use, benefit from, and dispose of their immovable or movable property in accordance with law.
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.
-
Anonymous users2024-02-04Whether the house that parents buy for their children can be sold depends on the situation. 1. The house that parents buy for their children is considered a gift. Property belonging to the individual children certainly has the right to sell the house.
2. Gifts may be accompanied by obligations. If the obligation is not fulfilled, it cannot be sold by itself. 3. The donor may revoke the gift.
If there is an obligation to support the donor and fails to perform it. Article 659 of the Civil Code of the People's Republic of China: Where donated property needs to be registered or other formalities in accordance with law, the relevant formalities shall be completed. Article 661: Gifts may be accompanied by obligations.
Where the gift is accompanied by obligations, the donee shall perform the obligations in accordance with the agreement. Article 663: The donor may revoke the gift under any of the following circumstances: (1) seriously infringing upon the lawful rights and interests of the donor or the donor's close relatives; (2) Failure to perform the obligation to support the donor; (3) Failure to perform the obligations agreed upon in the gift contract. The donor's right of revocation shall be exercised within one year from the date on which the donor knew or should have known the reasons for revocation.
-
Anonymous users2024-02-03Parents can sell the house to their children, and the process of selling the house to their children is the same as selling it to others, and the process is: 1. Negotiate and determine the price of the house, the time and method of delivery of the house, and the time and method of delivery of the price; 2. Sign the contract for the sale and purchase of the house; 3. Pay relevant taxes and fees and go through the procedures for the transfer of ownership of the house.
Article 595 of the Civil Code of the People's Republic of China is a contract in which the seller transfers the ownership of the subject matter to the buyer and the buyer pays the price. Article 596 of the Civil Code of the People's Republic of China provides that the content of a sales contract generally includes the name, quantity, quality, price, performance period, place and method of performance, packaging method, inspection standards and methods, settlement methods, the words used in the contract and its effect, and other clauses.
-
Anonymous users2024-02-02Parents can sell the house to their children, and the process of selling the house to their children is the same as selling it to others, and the process is: 1. Negotiate to determine the price of the house, the time and method of delivery of the house, the time and method of delivery of the price, and other information; 2. Sign the contract for the sale and purchase of the house; 3. Pay relevant taxes and fees and go through the procedures for the transfer of ownership of the house.
Then you will first register your marriage, then buy a house in the name of both husband and wife (write their names at the same time), and then settle down. You can also buy a house in your name, and after the title certificate comes down, transfer your wife's household registration to the new house. >>>More
As for replacing plastic steel, you have to remove your original aluminum alloy frame, you can not remove it, but you can only do push-pulling, as for you say that the house is cold, I suggest that you still replace it with a casement one, and the warmth effect of the inner opening will be better. As for the processing units in various places, the effect of single glass and insulating glass is also different, the south is suitable for but glass, and the north is of course hollow. It is recommended that you can make 3 layers of glass, and now the market is selling fast! >>>More
Property registered in the father's name is not part of the joint property of the husband and wife, and the husband and wife have no right to divide it in the event of divorce. In the event of a divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.
This is a very sad question, economic income and the ability to work determine a person's family situation, parents have become cautious because they are older, their children are independent, they cannot get along well with their children, so their attitudes have changed accordingly, from harsh criticism to modest expressions, when we are young, parents are the pillars of the family, whether it is financially or to deal with various family affairs, they have the decisive right. >>>More
If the title deed of the house is in the mother's name, then the daughter has no right to claim it. If it is not the mother's own property, the daughter can ask for one. The mother has ownership of this property, including the right to dispose of it. >>>More