Can my brother s current house be sold to my brother who is out of town?

Updated on amusement 2024-04-29
27 answers
  1. Anonymous users2024-02-08

    The house that my brother lives in now can be sold to my brother in another place, and you can transfer the house to someone else at any time if you want.

  2. Anonymous users2024-02-07

    There is the right to buy and sell, as long as he has the real estate certificate, he can sell it to anyone, as long as the relevant procedures are complete and the normal procedures can be taken.

  3. Anonymous users2024-02-06

    Of course. As long as the ownership of the younger brother's current house is the younger brother's, the younger brother has the right to ** to anyone, including his own elder brother.

    It has nothing to do with where the buyer is domiciled.

  4. Anonymous users2024-02-05

    Of course, this is possible, and of course the geographical housing can also be sold to the brother in the field. Anyone can buy this house.

  5. Anonymous users2024-02-04

    Your current house, if both parties agree, can of course be sold to your brother in another place.

  6. Anonymous users2024-02-03

    Of course you can, as long as the younger brother is willing to sell, the elder brother is willing to buy.

    You can go to a notary public to notarize and then go to the real estate department to go through the transfer procedures.

  7. Anonymous users2024-02-02

    If it is a commercial house, there is basically no limit, you can sell it to whoever you like, if it is a house on rural collective land, this can only be bought and sold between the villagers in the village, and those who sell it to other villages cannot apply for property rights certificates, even if they are brothers.

  8. Anonymous users2024-02-01

    As long as you reach an agreement, there will be no problem.

  9. Anonymous users2024-01-31

    According to the current laws of our country, the woman has the right to inherit the house, if she has n children, then the woman has the right to inherit 1 n, and her brother or younger siblings should give her a share, regardless of where she marries.

  10. Anonymous users2024-01-30

    Hello friend, of course this can be done, if the house is yours and you have a house photo, of course you can sell it to anyone, thank you.

  11. Anonymous users2024-01-29

    No matter whose house it is, as long as the current house can be sold to someone else, as long as it goes through the formalities. I also have a transfer of a house here.

  12. Anonymous users2024-01-28

    As long as the house belongs to the younger brother and the elder brother agrees to buy the house, the two of them can carry out the transaction of the relevant property.

  13. Anonymous users2024-01-27

    Can my brother's current house be sold to my brother who is out of town? Why not? If you want to sell the house to someone else, as long as both parties agree that one is willing to sell and the other is willing to buy, it is in accordance with the rules. Well, what has a legal basis is legitimate.

  14. Anonymous users2024-01-26

    As long as there is no restriction on the purchase, there is no restriction on who the property is bought and sold to.

  15. Anonymous users2024-01-25

    The basic salary is reversed, right? It must be able to be sold to the field and return to the two marketing departments of the agreement, and there is no one that is two people talking to each other.

  16. Anonymous users2024-01-24

    Younger brother, can you buy a house now to an older brother who is in a foreign country, this includes some family factors, such as some contradictions, some disputes, etc., you can go to uh, double down, you have to discuss.

  17. Anonymous users2024-01-23

    The above few nonsense who do not understand the laws and regulations of housing sales say that commercial housing is okay, but the foundation of rural residential land is not legal.

  18. Anonymous users2024-01-22

    Younger brother, can the current house be sold to the elder brother who is in the field, younger brother, can the current house be **? It should be the right of the younger brother.

  19. Anonymous users2024-01-21

    My brother lives in a house, can I sell it to my brother who is out of town? Yes, they can be sold, because they both have their own belongings.

  20. Anonymous users2024-01-20

    There can be two ways to transfer ownership. The first is to handle it according to the gift of house property rights, and the other is to handle it according to the sale and purchase of houses.

    1. Handle the transfer of housing property rights according to the gift of housing property rights;

    1. The elder brother should bring his ID card, household registration booklet, marriage certificate, house ownership certificate, and brotherhood certificate and his younger brother bring his ID card, household registration booklet, and marriage certificate to the local notary office for notarization of 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 younger brother's name.

    2. Transfer costs:

    1) Notarization fee: 2% of the house price, 2) Appraisal fee: 2% of the house price.

    3) Deed tax: 3% of the house price.

    4) Land value-added tax: 1% of the house price.

    5) Income tax; Pay at 1% of the room rate.

    6) Housing property registration fee: RMB.

    2. Handle the transfer of ownership according to the sale and purchase of the house;

    1. The elder brother should bring his ID card, household registration booklet, marriage certificate, and house ownership certificate and the younger brother bring his ID card, household registration booklet, and marriage certificate to the local housing property right registration and defense department to go through the procedures for the transfer of housing property rights, and transfer the property rights of the house to the younger brother's name.

    2. Transfer costs:

    1) Deed tax: 1% for first-time buyers of less than 90 square meters; 90-140 square meters according to the house price; For more than 140 square meters, 3% of the room price will be paid.

    2) Business tax: Exemption for those who have obtained the property right for five years, and payment according to the house price if it has not exceeded five years.

    3) Land Appreciation Tax: Exemption for five years of acquisition of house property rights, and 1% of the house price for less than five years.

    4) Income tax: Exemption for five years of property rights, less than five years of payment at the rate of 1% of the house price or 20% of the difference between the original value of the house and the current value of the house. (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.

    6) Housing property registration fee: RMB.

    7) Housing appraisal fee: pay according to the appraisal amount.

    Legal basis

    Civil Code of the People's Republic of China

    Article 215.

    Unless otherwise provided by law or otherwise agreed by the parties, a contract between the parties relating to the creation, modification, transfer and extinction of immovable property rights shall take effect upon the conclusion of the contract; If the property right is not registered, the validity of the contract shall not be affected.

  21. Anonymous users2024-01-19

    You can handle the gift and transfer of the right to defend the dust of the house. 1.The elder brother and sister-in-law should bring the ID card brother search, the missing household registration booklet, marriage certificate, house ownership certificate, brother relationship certificate, and the younger brother bring the ID card, household registration booklet, and marriage certificate to the local notary office to notarize the house property right gift contract, and then bring the above procedures to the local housing property registration department to go through the house property right transfer procedures, and transfer the house property right to the younger brother's name.

  22. Anonymous users2024-01-18

    Of course, it's okay to bury the land.

    Selling a house has nothing to do with the hukou, the owner of the house has the right to dispose of his house, if the house has more than one owner, then when selling the house, all the property owners need to agree, and be present to handle the business. If the owner of the house is the younger brother, then the younger brother can sell the house according to his own situation, and it has nothing to do with the elder brother.

    Of course, after the house has been sold, the hukou needs to be moved, otherwise the person who bought the house will not be able to move their hukou in.

    Messy Wisdom.

  23. Anonymous users2024-01-17

    Summary. Is my brother's house a self-built house in the countryside or a commercial house?

    Is my brother's house a self-built house in the countryside or a commercial house?

    Self-built houses. At that time, they were built together, and the elder brother did not pay a penny, all of them were paid by the younger brother, and the rural houses could be bought and sold, but only the right to use the houses, because the state prohibits the sale of rural homesteads. If I have already entered the city or left the countryside, I should not buy a house in the countryside of Dachengbu from the city, but I can buy it to the villagers of the same village, or the peasants who have settled down with the approval of the relevant departments.

    According to Article 62 of the Land Management Law of the People's Republic of China, "a rural villager household can only own one homestead", so after acquiring a new homestead, the villagers should not continue to occupy the original homestead, and must return it to the village committee in a timely manner, and the village committee will make other arrangements in accordance with the village planning plan. China's land belongs to the whole people or is owned by peasant collectives. Paragraph 3 of Article 2 of the Land Management Law of the People's Republic of China stipulates that "no unit or individual shall occupy, buy or sell or otherwise illegally transfer land."

    Land use rights may be transferred in accordance with law. Article 63 of the law also stipulates that "the right to use land owned by rural collectives shall not be assigned, simply sold, transferred or leased for non-agricultural construction".

  24. Anonymous users2024-01-16

    Legal analysis: You can handle the transfer of house property rights gift. 1.

    The elder brother and sister-in-law bring their ID cards, household registration booklets, marriage certificates, house ownership certificates, and brother relationship certificates, and their younger brother bring their ID cards, household registration books, and marriage certificates to the local notary office to notarize the house property right gift contract, and then bring the above procedures to the local housing property registration department to go through the house property transfer procedures, and transfer the house property rights to the younger brother's name.

    Legal basis: Article 215 of the Civil Code of the People's Republic of China Unless otherwise provided by law or otherwise agreed by the parties, a contract between the parties regarding the creation, modification, transfer and extinction of real estate rights shall take effect upon the conclusion of the contract; If the property right is not registered, the validity of the contract shall not be affected.

  25. Anonymous users2024-01-15

    Summary. Hello dear, happy to answer your <>

    。Does the transfer of the elder brother's house to the younger brother cost a transfer fee?

    Is there a handling fee for the transfer of the elder brother's house to the younger brother?

    Hello dear, happy to answer your <>

    Poke shirt rent face]:. Is there a fee for the transfer of the house to the younger brother due to the collapse of the elder brother or the transfer of the house to the younger brother.

    The elder brother's house was transferred to the younger brother to be lenient, and the younger brother asked for the transfer fee. The gift fee is about 6% of the tax declaration price, 3% of the notary fee, and 3% of the transfer tax, but after the gift transfer, if you want to transfer the property in the future, you will have to pay 20% of the tax declaration price for a single individual income tax.

    The early calendar of property closure and transfer refers to the procedures for changing the property rights of the house by obtaining the property through transfer, sale, gift, inheritance and other means, and going to the housing ownership registration center to go through the procedures for changing the property rights.

    1. The property right certificate transfer fee is destroyed = deed tax (appraisal price * 3%) + transaction fee (construction area * 18 yuan square meter + registration fee (appraisal price * stamp duty (fiber and appraisal price * drawing fee of 20 yuan + difference business tax whether it is more than 5 years, the difference business tax will be charged; There is no personal income tax involved. 2. Land certificate transfer fee = land area * benchmark land price * 30% (the nature of the land is allocated and needs to be paid, but the nature of the transfer is not required).

  26. Anonymous users2024-01-14

    The younger brother's hukou can be moved to the elder brother's hukou book, and the hukou can be transferred by relatives.

    Relatives take refuge. If a newborn baby enters the home: the medical certificate of the baby's birth; ID card or household registration booklet of the baby's parents; Marriage certificate of the baby's parents; Birth permit or birth certificate (among them: in violation of family planning regulations, a certificate of collection of social maintenance fees shall be issued).

    Husband and wife refuge in the household: the application of the refuge person, ID card or household registration booklet; Proof of the receiving unit; Marriage certificate; ID card or household register of both husband and wife; The household registration certificate of the person to be relocated and the certificate or notarized certificate of the household or member relationship of the person to be relocated.

    Parents and children refuge in the household: the application of the refuge person, ID card or household registration booklet; Proof of the receiving unit; Proof of household registration and certificate of household membership or notarized deed; If the husband and wife move in at the same time, a marriage certificate shall also be issued; Children who have reached the legal age of marriage to seek refuge with their parents shall also present a certificate of unmarriage from the marriage registration authority.

    Close relatives to take refuge: issue a certificate of loss of support ability or death of the legal guardian (dependent) and a notarial certificate of establishing a guardianship (support) relationship with the refuge.

  27. Anonymous users2024-01-13

    Summary. If the elder brother wants to recover the property, he can file a lawsuit with the local real estate management department or the court to reverse the transfer of the property and restore the ownership of the parents. In addition, during the litigation, the elder brother needs to provide evidence that the younger brother sold the property to someone else without parental consent.

    For example, witness testimony, bank transfer records, etc., can all be used as evidence. It should be noted that if the parents have agreed to transfer the property to someone else, and the relevant procedures have been completed and registered, the elder brother cannot return the property. Because legally, as soon as the registration of the transfer of the property is completed, the ownership has changed.

    The younger brother sold his parents' house to someone else, can the elder brother get it back?

    Hello <>

    If the younger brother sells the house to someone else without the consent of the parents, then the older brother can legally claim to recover the property. According to Article 21 of the Property Law of the People's Republic of China, "the transfer of ownership of immovable property between natural persons shall be in written form and the immovable property shall be registered.

    This means that the younger brother does not have the right to unilaterally transfer the property to another person without the written consent of the parents.

    If the elder brother wants to recover the property, he can file a lawsuit with the local real estate management department or the court to reverse the transfer of the property and restore the ownership of the parents. In addition, during the litigation, the elder brother needs to provide evidence that the younger brother sold the property to someone else without parental consent. For example, witness testimony, bank transfer records, etc., can all be used as evidence.

    It should be noted that if the parents have agreed to transfer the property to someone else, and the relevant procedures have been completed and registered, the elder brother cannot return the property. Because legally, as soon as the registration of the transfer of the property is completed, the ownership has changed.

    It's been more than two years, and I was in jail at the time, what do I do now?

    If the parents have agreed to transfer the property to someone else, and the relevant formalities have been completed and registered, the brother cannot get the property back.

    If the elderly in the family don't know about it.

    If the younger brother does not have the express authorization of his parents, he cannot sell the house on their behalf. If this happens, the elderly can file a lawsuit in court to rescind the contract and demand the return of the ownership of the home. In addition, the younger brother may also face criminal liability for his actions on suspicion of theft or fraud.

    Do I have a share of the money I bought?

    Is it money to sell the house?

    Well. You can ask your parents if they would like to give it to you.

    Willing. You can sue your brother.

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