Multiple gift relationships, ask for help from the masters!

According to the existing laws and regulations, the homestead land and houses of rural villagers can only be transferred within the members of the village collective organization, and the rural homestead land and houses cannot be sold to other people other than the members of the village-level entity. Therefore, although Grandpa Xiaohong's gift has gone through the notarization procedures, we believe that it still cannot be exempted from illegality. We believe that Xiaohong's father can sue the court to declare the gift contract invalid.

After the gift contract is declared null and void, Grandpa Xiaohong's house should be inherited as an untreated inheritance.

No. 01 consultant of Zhejiang Dongchen Law Firm.

First, Uncle Xiaohong's gift is invalid, China's civil law generally adopts the method of registration and transfer of ownership of immovable property, I can cite Article 9 of the Property Law: the establishment, alteration, transfer and extinction of real estate rights shall take effect after being registered in accordance with the law; If it is not registered, it shall not take effect, except as otherwise provided by law. Therefore, Xiaohong's uncle did not get the ownership of the house because he did not transfer the ownership, and Article 185 of the Contract Law clearly stipulates:

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. In this question, because Uncle Xiaohong did not get the ownership of the house from the beginning, his re-donation is invalid.

Second, Xiaohong's father certainly does not have the right to declare the original gift contract invalid, because the known conditions such as notarization in this question have already shown that the parties to the gift contract have the corresponding civil capacity, the expression of intention is true, the content is legal, and the form is legal, that is, the gift contract is legal and valid. Xiaohong's father, as a third party in the contract, has no right to intervene. But because the ownership was not transferred, the father could get the house by inheritance after the grandfather's death.

Third, in many cases, the absence of a transfer of ownership does not mean that the contract is invalid, unless the law expressly provides for it.

One party gives and one party accepts, which is the gift relationship.

This is where the legacy comes in.

Please ignore me, when I see the gift, I think of when I take a law class, and I want to grow a few more heads.

Whether or not a gift of property must be a kinship is not stipulated in the law.

A gift of real estate refers to the act of giving away the ownership of a house to another person for free.

Generally speaking, there are five steps to the home gift process:

1. The donor and the donee enter into a written contract for the gift of the house, that is, the letter of gift. According to the regulations, the gift of the house must be in writing.

2. The parties to the house donation shall pay the relevant deed tax in accordance with the provisions on the basis of the original house ownership certificate and the gift contract.

3. Notarization. According to the provisions of the Joint Notice of the Ministry of Justice and the Ministry of Construction on Strengthening Notarization in the Administration of Real Estate Registration, housing donations must be notarized.

4. Go through the registration procedures for the transfer of house ownership. The parties to the housing donation shall submit the following documents to apply for change of registration at the real estate management agency: (1) the application form; (2) Identity documents; (3) The original real estate property right certificate; (4) Letters of gift and notarial deeds; (5) Deed tax receipts.

5. The donor will deliver the house to the donee, and the delivery here shall be subject to the registration of the transfer of property rights.

You can write an agreement on both sides, and the content is clear and signed by both parties. If you go to the notary office, if there is a dispute in the future, the evidence is highly valid, but there is also a cost.

You can find a third party to look at the signing of the agreement in person, if you can, it is better to go to the justice office to notarize, it plays a lot of role in the future legal benefits, if your mother has other brothers and sisters, I feel that it is better to go to the justice office, because I am afraid of any other turmoil in the future

Gifts are divided into conditional gifts and unconditional gifts. Conditional gift refers to the existence of certain gift conditions (oral or written) between the donor and the donee, and the donee is required to fulfill this condition after receiving the gift before it can be regarded as fully owning the things donated by the donor. Under the premise of conditional gift, if the donee is unable to fulfill the gift requirements or the donor is not satisfied in the process of performing the conditions, it can propose a change in the terms of the gift, and the donee has no good way to control the change, except to provide proof that it has fulfilled the gift conditions well.

For unconditional gifts, as long as the donee accepts the donated items and goes through the relevant procedures, there is no way for the donor to change it.

I don't know if your father was married to your mother when he bought the house, but if he is married, it is the joint property of the husband and wife, and after your father's death, half of your mother's share should be divided first, and the remaining part will be inherited equally by your three sisters and four mothers. If the house is your father's pre-marital property, the house will be divided equally between the four of you. Your brother can register a property without a job, so it doesn't matter.

Your father can also make a will and distribute part of his property, so that whoever is in the will will is whoever. The deed tax on the house transaction is the total amount of the transaction.

If your friend's father did not go through the property gift procedures for the second wife, then the house belongs to the joint property of your friend's father and the second wife, and your friend can inherit half of the property as the first person in the legal inheritance.

Article 9 Inheritance rights are equal between men and women.

Article 10 The inheritance shall be carried out in the following order:

First order: spouse, children, parents.

Second order: siblings, grandparents, maternal grandparents.

1. Bribery, i.e., bribery, refers to the act of giving money or property to a state functionary in order to obtain improper benefits.

2. Gift is a civil act in which the donor gives his property to the donee free of charge.

3. The main differences between the two:

1.There is a difference between bribery and gifting in the subject, the gift can be given to anyone, and the object of bribery can only be a specific person.

2.The amount of money is different, the gift can be any amount or a gift, and the bribe must reach a certain amount to constitute it.

3.The punishment is also different, the crime of bribery should be investigated, and the gift will not.

Only notarization is a gift in the legal sense.

If it is actually bribery, taking advantage of this kind of loophole can only ask for hardship.

Bribery is the use of money to bribe state servants, in order to obtain improper benefits, otherwise it is not.

1.notarization of gifts;

2.If both parties are willing, the donor is clear-headed;

3.The original and copy of the house ownership certificate, the original and copy of the identity certificate of both parties, the presence of the parties, if possible, the notary office can come to the door to notarize;

4.Both parties go to the local notary office to handle it;

5.Notary fee (1% of the appraised value of the house) house appraisal fee.