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This matter has to be discussed with the child's mother to go to the real estate bureau to go through the house transfer procedures, and you have to pay a handling fee for the house transfer procedures. Father can't change it secretly, and besides, the real estate bureau won't handle it for you.
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Because the problem is not clearly stated, as if the problem you are talking about does not exist.
First, the son is underage, and it is impossible to use his ability to earn money to buy a house through labor, management, etc.
Second, since the father is still alive, it is impossible to subrogate the house from the grandfather.
Third, I didn't talk about my mother here, could it be that my mother died and inherited the property by subrogation from my grandfather? Judging from Chinese tradition, this is unlikely.
Fourth, which relative gave a house to the child? Based on my experience and experience, this is not very likely.
Fifth, was the kid's friend giving him a house? This is probably even less likely.
Sixth, where did the property of the minor children come from? Why didn't the subject say it? Could it be that the house fell from the sky and hit this underage child?
Seventh, if the minor child has a property in his name, my analysis, only this possibility is relatively large, that is, the parents bought the property, using the child's name to apply for the real estate certificate, now I think about it, this seems to be inappropriate, so I changed the real estate certificate back. If this is the case, there is no need for the father to secretly change it, and there is no need to deal with it, so that the disposal can be done.
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The father secretly changed the name of the minor son's property, and since the son is a minor, his legal guardian is required to sign it. His legal guardian should be the father, as well as the mother. Whether his mother agrees, if his mother does not agree, the name of the property of the underage son who has been secretly changed is invalid.
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The father secretly changed the name of the minor son's real estate, the father is the son's guardian, and the procedures for changing the real estate are very strict, and it must be changed through the consent of the relatives and the notary office, so you can go to the notary office to check it.
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This does not tick off the name of the child, because the child is not yet an adult, and his guardian is his parent and has the right to deal with the child's affairs.
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All issues of minors should be handled by the guardian (parent). Therefore, it is legal for a father to change the name of a minor child's property.
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The father is the guardian and should have this qualification before the child is a minor, and you can consult a lawyer for details.
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Legal Analysis: Yes The title deed can be changed to the name of the minor child. 1. Gift and transfer:
If this property does not need to be bought and sold again in the future, then it is better to choose to give it to Yu Zhixian In this way, you only need to pay: deed tax: 3% of the house price surveying and mapping fee:
136 yuan square meter ownership registration fee and evidence collection fee: 151 notary fee: 13% of the room payment.
However, when this transfer is dissolved, you need to pay 21% of the individual income tax when you need to trade the property. 2. Transaction transfer: If the property will be sold, the transaction transfer only needs to pay the deed tax 15% surveying and mapping fee
136 yuan square meter ownership registration fee and certificate collection fee: 151 Neiqing auction tax 1% 55% of the business tax difference. If the transfer is made at the original price, you do not need to pay individual income tax.
3. Inheritance transfer: All direct heirs need to fill in the agreement to renounce the right of inheritance, and then notarize After notarization, the process of gift transfer is basically the same, and the cost is the same as that of gift transfer, and the method is generally used after the death of the original owner.
Legal basis: Article 14 of the "Housing Registration Measures" The guardian of a minor shall apply for registration on his or her behalf. Where guardians apply for housing registration of minors on their behalf, they shall submit materials proving the guardian's identity; Where an application for registration is made for the disposition of a minor's house, a written guarantee for the minor's interests shall also be provided.
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Legal analysis: When applying for housing registration, if the property owner is a minor, his legal guardian must apply for registration on his behalf. This is statutory, and does not require delegation or authorization.
Therefore, as long as the applicant proves his guardian status, he can purchase a house and register the property in the name of a minor. However, once registered, the legal guardian does not have the right to sell or mortgage the ward's house at will unless he or she provides a written guarantee that the disposition is beneficial to the ward's guardian.
Legal basis: Article 34 of the Civil Code of the People's Republic of China The duties of the guardian are to carry out civil juristic acts of the ward, protect the personal rights and property rights of the ward, and conceal the lawful rights and interests of others. The rights of guardians arising from the lawful performance of guardianship duties are protected by law.
Where the guardian of the supervisor does not perform guardianship duties or infringes upon the lawful rights and interests of the ward, he shall bear legal responsibility. Where due to emergencies such as emergencies, guardians are temporarily unable to perform guardianship duties, and the ward's life is in a state of no one to take care of them, the residents' committee, villagers' committee, or civil affairs department for the ward's domicile shall arrange necessary temporary living care measures for the ward.
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Effective. It is valid if it has been amended, but the legal right is reserved. A lawsuit may be brought after the fact. Change of tenure:
1.You can bring your identity certificate, housing right certificate and notarial certificate to the housing management department to apply for inheritance and change application, and the staff of the housing management department will accept, approve and issue the certificate; The handling fee is 1 yuan per square meter, the registration fee is 80 yuan, and the house ownership certificate is obtained;
2.Transfer of ownership for external sale: Prepare transfer materials with the buyer, survey, mapping and appraisal according to the procedures, and pay taxes and fees; Pay individual income tax and other taxes:
At the deed tax window of the tax department, apply for the payment of deed tax, and the deed tax shall be paid at 1%-3% of the assessed amount, and the buyer shall pay it; At the business tax window of the tax department, apply for payment (or reduction) of business tax, according to the payment (reduction), the seller pays; At the business tax window of the tax department, apply for the payment of individual income tax, and the income tax shall be paid at 20% of the full amount, and the seller shall pay it; The state levies personal income tax at 20% of the full amount, which is the so-called house inheritance tax;
3.Housing management department payment: go to the housing management department acceptance window to apply for the transfer of housing ownership certificate, and the staff of the housing management department accepts, approves, and issues the certificate, pays the transaction fee, registration fee (production cost), and production stamp duty of 5 yuan, and receives the housing ownership certificate.
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It is invalid because the title deed cannot be changed and can only be transferred or increased or decreased by the owner.
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Yes, the title deed can be changed to the name of the minor child.
1. Gift transfer: If the property does not need to be bought and sold again in the future, then it is better to choose the gift, so that you only need to pay: deed tax
3% of the house payment, surveying and mapping fee: yuan square meter, ownership registration fee and evidence collection fee: within 150, notary fee:
of the room. However, when you need to trade real estate in the future, you need to pay 20% of the individual income tax.
2. Transaction transfer: If the property will be sold, the transaction transfer only needs to pay the deed tax surveying and mapping fee: yuan square meter, ownership registration fee and certificate collection fee: within 150, 1% individual tax, and the difference in business tax. If the transfer is made at the original price, you do not need to pay individual income tax.
3. Inheritance transfer: All direct heirs need to fill in the agreement to renounce the right of inheritance, and then notarize After notarization, the process of gift transfer is basically the same, and the cost is the same as that of gift transfer, and the method is generally used after the death of the original owner.
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Direct gift, as long as you bring the ID cards of the two of you to handle it together, it is very simple and the cost is not much.
But the problem to pay attention to is that if the son buys a house in the future, it will be a second set, and the cost will be high. You can decide according to your current situation, after all, your son is still underage, and there is no fixed school, work or anything in the future, and the gift can be given at any time, you can wait for your son to be older and more stable, and then it is relatively better!!
If you have other circumstances, then you can give it away!!
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Yes, but it needs to be corrected together with your spouse.
Department: Housing Authority.
Items: ID card, household register, marriage certificate, real estate certificate.
Proof of the child's household registration.
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According to Article 12 of the General Principles of the Civil Law of China, a minor under the age of 10 is a person with no capacity for civil conduct, and should be carried out by his or her legal **person** civil activities. You can transfer the ownership to your son, but you are still the perpetrator.
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First of all, whether the house has a loan and has been mortgaged.
If you have a loan, you can't apply for it.
At present, it can be gifted, so that your current fee is lower, but when your son becomes an adult, the fee will be higher.
You can go directly to the housing authority department to transfer the property.
- Nothing is a big problem, no jail.
Article 18 of the General Principles of the Civil Law of the People's Republic of China stipulates that guardians shall perform guardianship duties, protect the person, property and other lawful rights and interests of the ward, and shall not dispose of the ward's property except for the interests of the ward. Where guardians do not perform guardianship duties or infringe upon the lawful rights and interests of their wards, they shall bear responsibility; Where property losses are caused to wards, the losses shall be compensated. >>>More
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No, minors have guardians, unless they are orphans, you had better inform your family, and, be a down-to-earth person, be careful with the food you come from, and don't be taken care of.
If the property is the property of the daughter's father, then since the will states that the property must be inherited to the daughter in full, according to the inheritance law of our country, testamentary inheritance has priority over legal inheritance, which is okay. If there is no will, the child's mother and mother-in-law are the legal heirs, and you can give up the right to inherit, then the daughter will inherit it all. It is not legal to give all the household property to her daughter without consulting her mother-in-law, because her mother-in-law is one of the legal heirs and she has the right to inherit her son's property. >>>More