Father son sale and transfer process, what processes are required for father son transfer house

Updated on Car 2024-04-04
3 answers
  1. Anonymous users2024-02-07

    Legal analysis: 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.

    Legal basis: Article 14 of the Interim Regulations on the Registration of Immovable Property Article 14 Where an application for registration of immovable property is made for sale, creation of mortgages, etc., both parties shall jointly apply for it.

    In any of the following circumstances, the parties may apply unilaterally:

    1) The immovable property that has not yet been registered is applied for registration for the first time;

    2) Inheritance or acceptance of bequests to acquire immovable property rights;

    3) The establishment, modification, transfer, or extinction of immovable property rights in effective legal documents of the people's courts or arbitration commissions, or effective decisions of the people's courts;

    4) The name or title of the right holder or the natural situation changes, and the application for modification of registration is made;

    5) The immovable property is lost or the right holder gives up the rights of the immovable property and applies for cancellation of registration;

    6) Applying for correction of registration or objection to registration;

    7) Other circumstances where laws or administrative regulations provide that a unilateral application may be made by the parties.

  2. Anonymous users2024-02-06

    Legal analysis: Yes, as long as you are an adult, the paternity does not affect the signing of the house sale and purchase agreement. The transfer of real estate between father and son can be divided into gift transfer and sale transfer, according to actual experience, the handling fee charged by the purchase and sale of the mu slag will be cheaper, but the procedures are more troublesome, usually everyone will choose the way of gift transfer.

    Legal basis: Law of the People's Republic of China on the Management of Urban Real Estate Article 61 To obtain land use rights by way of transfer or allocation, shall apply to the local people's land management department at or above the county level for registration, verified by the local people's land management department at or above the county level, and issued by the people at the same level of land use certificate of Xunchang quiet.

    If a house is built on the land for real estate development obtained in accordance with the law, it shall apply for registration with the land use right certificate to the local people's real estate management department at or above the county level, and the local people's real estate management department at or above the county level shall verify and issue a house ownership certificate.

    When real estate is transferred or changed, it shall apply to the local people's ** real estate management department at or above the county level for registration of real estate change, and apply to the people's ** land management department at the same level for registration of change of land use right with the changed house ownership certificate, and the people's ** land management department at the same level shall replace or change the land use right certificate after verification by the people's ** land management department at the same level.

    Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws.

  3. Anonymous users2024-02-05

    Legal analysis: there are two ways to get a household, 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 to prepare for the case, pay the relevant taxes and fees.

    Legal basis: Civil Code of the People's Republic of China

    Article 214 Where the creation, alteration, transfer or extinction of real estate rights shall be registered in accordance with the provisions of law, they shall take effect when they are recorded in the real estate register.

    Article 215 Unless otherwise provided by law or otherwise agreed by the parties, a contract concluded between the parties concerning the creation, alteration, transfer and extinction of the right in immovable property 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.

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