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You can apply for it yourself.
Other warrants refer to the certificates of rights issued by the housing management department and held by the mortgagee after the registration of other rights. The so-called other warrants are a term related to land property rights, which is different from the warrants we are talking about.
Other rights of real estate refer to the rights of other groups or individuals other than the property owner and co-owners involved in the real estate, usually referring to mortgage rights, and other rights are held by other rights holders. When purchasing a general property, when choosing a mortgage loan, there will be a record of other rights in the house ownership certificate, indicating the owner of other rights, the type of rights (such as pawn rights, mortgage rights, etc.), the scope of rights (the scope of the house of other rights), the value of rights (the deed of other rights**), the duration of the rights (the term of the deed), and the date of cancellation (the date on which the other rights disappear), and these contents are also indicated in the certificate of other rights. According to the Guarantee Law, the property is mortgaged, that is, the other warrants have not been cancelled, the right to dispose of the property is restricted, and legal transactions cannot be carried out without the consent of the mortgagee, and relevant procedures such as property rights transfer cannot be handled.
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He can handle other warrants between father and son, and father and son can handle it as an agent, as long as you have proof of the relationship between father and son.
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He doesn't involve the relationship between father and son, he just has a relationship between the property and the housing authority.
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It can be handled between father and son, funds can be turned positive, and negative gifts from fathers can be handled.
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The names of the two people on the real estate certificate, the father-son relationship, but to handle other warrants, if the household registration book is handled, it can be signed by the head of the household, and the signature of the two people is not required. If you use the title deed to apply for other warrants, you need to sign both people on the title deed. FYI.
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Hello, if the real estate certificate is the name of two people, then if you apply for other warrants, you also need two people to sign, as long as it is about anything on the real estate certificate, it is necessary for two people to sign.
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The real estate deed has the names of two people on it, and if you want to apply for other warrants, you need to sign two people at the same time.
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It is necessary for two people to be present at the same time to sign, one party cannot come, and the other party can issue a letter of entrustment, which needs to be impartial.
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If the real estate deed is in the names of two people, then you need to apply for other warrants that need to be signed by two shareholders.
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As long as the name of the owner on the real estate certificate is used, two signatures are required to be valid for other things, and one person cannot sign it.
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Two signatures are required, and a power of attorney can be signed by one person.
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Two people need to sign at the same time to be valid.
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The names of the two people on the real estate certificate are father and son, and of course both people must sign on the property right certificate of other projects. Here's the procedure.
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The father-son relationship between the names of two people on the real estate certificate, does it need to be signed by two people to apply for other warrants? This is an issue involving the whole town, and it must be signed by both people at the same time to have legal effect.
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The process of father and son handling the transfer of real estate:
1. If the transfer of the real estate certificate does not go through the real estate agency, the terms of the contract and the terms of breach of contract must be clearly written, and the party with the name 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 sign, even if there is only one person's name on the real estate certificate).
2. After the application materials are ready, you must 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 handed over 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, which generally takes about 15 working days.
4. After the real estate transfer tax is paid, you can get the real estate certificate.
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The forms of real estate transfer are: inheritance, sale, and gift.
Transfer of ownership by inheritance.
The most cost-effective transfer between relatives is inheritance. In the case of a transfer between parents and children, the cost of inheritance is the lowest.
You only need to pay a registration fee of 280 yuan and a notary fee (40 yuan to 45 yuan per square meter), and there is no business tax, individual income tax and deed tax.
It should be noted that among the immediate family members, even siblings cannot be inherited, but can only choose to gift.
In practice, because inheritance can only be carried out after the death of the inheritor, there are relatively few people who choose this transfer method.
Moreover, when the seller of the house is in the first house, it is less than 5 years away from the purchase time, and he has to pay business tax and personal income tax.
In the transfer of the buying and selling method, the fees are different in different situations.
In terms of the nature of housing, the transaction fees paid for commercial housing, affordable housing, and housing reform are also different.
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Generally speaking, there are three main ways to transfer property to children:
1. Handle the transfer by way of transfer, that is, handle the transfer in accordance with the transaction procedures by way of sale.
There are three main costs for the transfer of house sales: business tax, personal income tax and deed tax. Among them, the business tax is exempted for five years, and the individual income tax is also exempted, and only the deed tax and property transfer registration fee need to be paid, and if the property is less than five years, the business tax and individual income tax need to be paid, and the deed tax and property right transfer registration fee are paid at the same time.
2. 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.
To handle the transfer of gifts, 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. The transfer of ownership is handled by inheritance, but this situation needs to occur in the case of the death of one of the parents, which is not very common.
Compared with sales and gifts, inheritance transfer has the lowest tax expenses, because there is no business tax, individual income tax and deed tax on inherited property, and only notary fees need 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.
Regarding the cost comparison of these transfer methods, it is recommended as follows:
1. Inheritance transfer is the most cost-effective: because China has not yet levied inheritance tax, only notary fees need to be paid for inheritance transfer, and other taxes and fees are exempt. Since inheritance can only be achieved in the event of the death of one of the parents, many parents do not consider this route for the time being.
Of course, there are also parents who think far ahead and plan to write a will to leave the property to their children.
2. The transfer of real estate within five years is more cost-effective: according to the national policy, parents donating real estate to their children are exempt from business tax and personal income tax, and only pay 2% of the total price of the house notary fee and deed tax. However, although there is no notary fee for the sale and transfer, the following taxes must be paid in addition to the deed tax:
1. Business tax shall be levied when the house is purchased for less than five years and the house with an area of more than 140 square meters is sold and transferred.
2. If the house has been purchased for less than five years or the house has been purchased for more than 5 years but is not the only house of the family, individual income tax shall be levied when the house is transferred.
3. More money is saved for the sale and transfer of real estate for more than five years: According to the national policy, if the real estate has been purchased for more than five years, it will be exempted from business tax and personal income tax, and only need to pay the deed tax, which is less than the gift transfer to pay a fair fee.
For houses purchased for more than five years, business tax is exempted when reselling, and if the house is the only property in the family, it is not only exempt from business tax, but also exempt from personal income tax.
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Real estate transfer refers to the acquisition of real estate through transfer, sale, gift, inheritance and other means, and go to the housing ownership registration center to go through the procedures for changing the property rights, that is, the whole process of transferring property rights from Party A to Party B. There are several different situations of real estate transfer, such as inherited real estate transfer, gift real estate transfer, second-hand housing transfer, etc.
1. The developer shall provide the real estate bureau with complete preliminary information of the house, such as planning permit, land use permit, construction permit, land transfer contract or land use approval, state-owned land use certificate, completion verification, completion drawings, etc.
2. According to the above information, the surveying and mapping institute where the house is located shall conduct on-site surveying and mapping and make processing drawings.
3. According to the area results of practical surveying and mapping, the transfer will be handled by the real estate processing agency.
4. With the purchase contract, the housing administration of the real estate bureau has some requests to bind and complete files after review, and make and issue certificates.
In general, the process takes about 3 to 6 months.
How to calculate the transfer fee of the father and son house.
Compared with sales and gifts, the tax cost is the lowest, 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 the inheritance right with his will, and the notarial certificate of inheritance can be used to handle the transfer and change of name to the housing management agency.
1. Deed tax: usually 1 of the house price (1 can be paid for the area of 90 square meters or less and is the first suite, 1 5 for the area of more than 90 square meters and 144 square meters for the area of more than 144 square meters, and 4 for the area of more than 144 square meters).
2. Business tax: 5 5 5 for the real estate certificate less than 5 years, and the business tax can be exempted for five years for the property certificate.
3. Self-income tax, 1 (real estate certificate for 5 years and only domicile can be exempted).
4. Sales fee: 3 yuan per square meter (but usually the buyer needs to pay the sales fee on both sides, that is, 6 yuan per square meter).
5. Surveying and mapping fee: according to the detailed rules of each district.
6. Ownership registration fee and certificate collection fee: usually within 200 yuan.
The tax base of second-hand housing is based on the valuation of the house, and the first home is based on whether the seller is the first home. After 5 years, but the buyer is not the first house, the income tax 1 has to be paid.
The above are the procedures for the transfer of real estate between father and son? The whole content of how to calculate the transfer fee, the most cost-effective transfer method between family members is inheritance. If it is a transfer between parents and children, then the cost of inheritance is very low, and there is no business tax, individual tax, and deed tax, but this condition is relatively simple, because it is only applicable to the transfer of real estate between immediate family members who have no inheritance relationship.
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Father and son can bring their respective ID cards, household registration books, real estate certificates, and hand stamps to the local real estate management office to handle the sale and purchase transaction.
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Compare the cost of gifts.
Low, if you want to **, just buy and sell the transfer, gift.
Real estate has to pay 20% individual income tax.
If you live in it, you will do a gift notarization, and you will be charged a notary fee of 2% of the area, and a 3% deed tax will be charged for the transfer.
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It's better not to get by, the taxes are very high.
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There are two ways to transfer, one is the gift transfer, the second is the sale and transfer, if the transferee of the property intends to transfer in the future, it is recommended to buy and sell the transfer, the immediate family members are exempt from business tax, income tax, deed tax, the cost of production is still to be paid, the gift transfer also needs to go through notarization procedures, and the future transfer needs to pay 20% of the total price of income tax.
To handle the transfer, the buyer and the seller and the husband and wife need to be present in person, bring the real estate certificate, ID cards of both parties, household registration, and marriage certificates, go to the housing authority to check the file (verify whether the buyer has more than two houses), evaluate the pricing, and then sign a sales contract for the record, pay the relevant taxes and fees, and then handle it with the file check, payment voucher, and the above materials.
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The procedure for making other warrants from person to individual is as follows: if it is a certificate of other rights to immovable property, both parties need to go to the local housing management department together, and with other application materials such as the agreement on other rights between the two parties, after acceptance and review, they can apply for other rights certificates.
[Legal basis].
Article 8 of the Interim Regulations on the Registration of Immovable Property stipulates that immovable property shall be registered with the immovable property unit as the basic unit. Real estate units have a unique code. The immovable property registration agency shall, in accordance with the provisions of the competent department of land and resources, establish a unified immovable property register.
The immovable property register shall record the following matters: (1) the natural conditions of the immovable property, such as its location, boundaries, spatial boundaries, area, and use; (2) The subject, type, content, duration, change of rights, and other ownership status of immovable property rights; (3) Matters involving restrictions or reminders of real estate rights; (4) Other related matters.
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You can do the division of property that has been mediated by the court. It's best to help you plan your own house directly or register it with you!
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Only the real estate certificate can handle other items, if it is a contract of a first-hand housing company, it can also be done after the exchange supervision.
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Of course, as long as you want to take care of other warrants, you must have a suburban certificate.
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After the house is mortgaged, there are other warrants, which are now called real estate registration certificates, and it is also possible to mortgage them to individuals.
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This is not allowed by the state.
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Yes, other warrants may be set up for individual-to-individual borrowing.
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1. Materials to be prepared: application; Proof of the applicant's identity (check the original and keep the copy); Housing ownership certificate, land use certificate or real estate ownership certificate (original temporary storage); the main contract secured by the mortgage; Mortgage contract.
1. The applicant shall apply for the application at the construction window of the office center with the above-mentioned relevant materials, and the handler shall present the real estate transaction property right registration acceptance form (hereinafter referred to as the "acceptance form") to the applicant for receipt after reviewing the information;
2. The applicant shall bring the "acceptance form" and the original identity certificate to the property right payment window after the date of receipt marked on the acceptance form, and then collect the certificate at the property rights issuance window. If the approval is not approved, further notice will be given.
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