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The purchase of the house is only partially funded, so under certain conditions, parents can only ask their children to return the part of the funds that belong to the parents. The only condition that meets this condition is if the child does not fulfill the obligation to support the parents. Otherwise, the parents will not receive any legal support for this request.
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If the title deed does not have the names of the parents. No. If you can provide evidence that the funds were used to buy this house, the most you can do is to repay this part of the money.
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If your name is on the real estate certificate, you can't, if you have a stalemate with your parents, the court will not support your parents, the most is that your parents can prove that the part of the capital contribution is your arrears, but your parents still don't make trouble to that point, it's better to negotiate and settle it
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If the title is registered as a child, the parents cannot unconditionally repossess the house but can recover their own contributions.
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Of course you can, this is filial piety, not to mention that I will also fund you to buy a house.
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Since it is given to the children, why should you take it back, and you are only in addition to part of the funds, you have to negotiate with the children if you want to take it back, if the children agree to take it back, you will take it back, if you don't agree, you have to negotiate.
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Legal analysis: The children pay for the house bought by their parents, and the real estate certificate is in the name of the parents, which is an act of gift, and the house has been delivered, and the house cannot be recovered. Only those provided otherwise by law may be revoked and withdrawn.
Legal basis: Article 663 of the Civil Code of the People's Republic of China If the donee has any of the following circumstances, the donor may revoke the gift:
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.
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Legal Analysis: No. It needs to be based on the actual situation. According to the law, a notarized gift contract or a gift contract with a moral, poverty alleviation and disaster relief nature cannot be revoked until the rights are transferred.
Legal basis: Civil Code of the People's Republic of China "Foolish Filial Piety" Article 663 If the donee has any of the following circumstances, the donor may revoke the gift:
1) Seriously infringing upon the lawful rights and interests of the donor or the donor's close relatives;
2) Failure to perform the duties of the donor who has support for 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 he knew or should have known the reason for revocation.
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It can be recovered by asserting a claim. If the parents have a certificate of capital for Bi Duanling, they can claim creditor's rights and demand that the owner of the property right return the capital contribution at that time. However, it is not possible to claim the part of the equity that increases in value, which is a creditor's right, but it can claim interest.
Legal basis: Company Law
Shareholders may make capital contributions in monetary terms, as well as non-monetary assets that can be valued in monetary terms, such as physical objects, intellectual property rights, and land use rights, and which can be transferred in accordance with the law. However, there is an exception for property that is not allowed to be used as capital contribution by laws and administrative regulations. The non-monetary property used as capital contribution shall be appraised and valued, and the property shall not be overvalued or undervalued for verification. Where laws and administrative regulations have provisions on appraisal valuation, follow those provisions.
Many parents have plans to buy a house for their children, but buying a house is not a trivial matter, and the amount of money involved is very large, so every link must be very cautious. So, what do parents need to pay attention to when buying a house for their children? The following summarizes several precautions for parents to buy a house for their children, and buyers with this need can come to understand! >>>More
It is necessary to divide the situation:
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Occupy both angles right, but both are selfish.
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