Parents each account for 40 of the property, daughters account for 20, how to do gifts

After the death of the father, the house serves as the joint property of the marriage. Your mother has 1 2. The other 1 2, if your father has a will, distribute it according to the will. There is no will, and it is divided equally between your father's first-in-line heirs.

First-in-line heirs include spouse, children, parents.

If it's just you and your mother, if you each take half of the remaining 1 2, that's 1 4

There should be an inheritance tax on this, and you can go to the Housing Registration Management Center for specific consultation.

Hello: You can choose: (1) Parents and children can go to the housing management department to go through the real estate transfer procedures after notarizing the gift contract.

To put it simply, after the notarization of the gift contract, your parents and you go to the housing management office to handle the transfer of real estate. However, the notarization of the gift contract is subject to a 2% gift notarization fee.

2) Your parents and you can also go directly to the housing management department to go through the real estate transfer procedures.

However, there is a certain difference between the two ways of the above house: in the first case, if your parents gave you the house for personal ownership, if you are married, your spouse does not own it.

Materials to be provided: proof of house ownership, proof of kinship, identity certificate of the parties, original marriage certificate.

The above points are for reference.

Summary. A gift contract can only be legally effective if it meets the following requirements:

1. The subject of the contract has the corresponding capacity for civil conduct;

2. The meaning is true;

3. The content of the contract does not violate the mandatory provisions of laws and administrative regulations;

4. Do not violate public order and good customs.

According to Article 143 of the Civil Code implemented in 2021, civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Article 146 stipulates that civil juristic acts carried out by the actor and the counterpart with false expressions of intent are invalid.

The father has a house and the eldest daughter share the property, each of which is 50 percent, and the father wants to give 50 percent of his former hand to the younger daughter after a hundred years.

Hello, I am a partner lawyer of the platform, and I have received your question and am happy to answer it for you.

Hello. Hello.

How should I write the agreement in this case?

Civil Code of the People's Republic of China Article 470 The content of the contract shall be agreed upon by the parties, and shall generally include the following clauses: (1) the names or titles and addresses of the parties; (2) the subject matter; (3) Quantity; (4) Quality; (5) Price or remuneration; (6) The time limit, place and method of performance; (7) Liability for breach of contract; (8) Methods of dispute resolution. The parties may refer to the model texts of various types of contracts to conclude contracts.

A gift contract can only have legal effect if it meets the requirements of the next Minyun column: 1. The subject of the contract has the civil capacity to negotiate and respond; 2. The meaning is true; 3. The content of the contract does not violate the mandatory provisions of laws and administrative regulations; 4. Do not violate public order and good customs. According to Article 143 of the Civil Code implemented in 2021, civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct; 2) The meaning is genuine; 3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs. Article 146 stipulates that civil juristic acts carried out by the actor and the counterpart with false expressions of intent are invalid.

The mother died, the house belonged to the father, and it was legal for him to give it to whomever he wanted, and the other children had no opportunity and conditions to fight for it.

It's really troublesome.

First, you have to find out whether the house is your father's personal property or the joint property with your mother, even though the name belongs to your father, and second, that after your mother's death, the share of the other children in the property that belongs to your mother.

Third, the demolition money is calculated according to the area of the house and the population in the house, and those who have a hukou should have a share.

Fourth, the issue of inheritance of the estate and the issue of demolition money are statute of limitations, and if it exceeds 2 years, it is not allowed to sue, and the right to sue is waived by default.

Fifth, whether it is a will or a gift, it depends on your father's true intentions, and does not need to be in writing, and the law allows the existence of oral form.

The State Administration of Taxation recently issued a notice that the deed tax and stamp duty will be levied on the donee of the house donated by the individual without compensation, so as to prevent the use of fake gifts by the double balance of housing sales. Immediate family members do not need to pay business taxes and fees for gifts, and non-immediate family members have to pay taxes and notary fees (gift notarization).

According to the regulations, if it is a gift between immediate family members, it needs to meet the direct blood relatives within three generations, that is to say, only husband and wife, father and son, mother and son, grandchildren and grandchildren, and other relatives are invalid. When handling the application, it is necessary for the party to issue a certificate (if there is no unit, a certificate needs to be issued by the street where you live) to confirm that it is indeed an immediate family relationship, and there is no objection to the notarization of the notary office before going through the formalities.

If you still want the cost of work, you can ask the staff of the Housing and Urban-Rural Development Bureau for details. They'll tell you.

Summary. Kiss. Hello, glad to answer for you.

The mother gave each of the two sons a house, and each of them took 25 percent of the property at the time of the partition, and now the eldest son has proposed that you have the right to give the property to others as long as you have legal ownership of the property and there is no joint ownership of the property. The gift contract is a unilateral contract, and as long as the donor agrees to the gift, the gift contract is legally established and effective.

Whether the donee signs or not, does not affect the validity of the contract. Notarization plays a role in strengthening the validity of the contract, and has no impact on the validity of the contract itself. As long as the property does not involve the rights of other family members, the validity of the contract is not affected by the presence of family members.

The mother gave each of her two sons a house, and each party took 25 percent of the other at the time of the division, and now the eldest son proposed.

Kiss. Hello, glad to answer for you. The mother gave each of her two sons a house, and each party took 25 percent of the other at the time of the division, and now the eldest son proposed.

As long as you have legal ownership of the property and there is no joint ownership of the property, you have the right to give it to someone else. The gift contract is a unilateral contract, and as long as the donor agrees to the gift, the gift contract is legally established and effective. Whether the person who receives the gift signs or not, does not affect the validity of the contract.

Notarization plays a role in strengthening the validity of the contract, and has no impact on the validity of the contract itself. As long as the property does not involve the rights of other family members, the validity of the contract will not be affected by the presence of family members.

Legal basis: Article 9 of the relevant laws and regulations of the Property Law Article 13 Immovable or movable property may be co-coded by two or more units or individuals. Co-ownership includes co-ownership and co-ownership.

Article 94 Co-owners shall enjoy ownership of the immovable or movable property jointly owned by them in accordance with their shares. Article 95 The co-owners jointly enjoy ownership of the immovable or movable property in common. Article 96 The co-owners shall manage the jointly owned immovable or movable property in accordance with the agreement; If there is no agreement or the agreement is not clear, each co-owner of Chi Wangqi has the right and obligation to manage.

Article 97: The disposition of jointly owned immovable or movable property and the major repair of jointly owned immovable or movable property shall be subject to the consent of the co-owners or all co-owners accounting for more than two-thirds of the share, unless otherwise agreed between the co-owners.