What should the grandfather do to give the grandson s real estate is the most suitable

Updated on society 2024-07-16
5 answers
  1. Anonymous users2024-02-12

    It is most cost-effective to inherit the grandfather's property as an asset from the father and then inherit the property from the father at no additional cost.

    Extended information: In terms of grandchild inheritance, many people have the misconception that grandchildren are direct legal heirs, but they are not. However, in both cases, grandchildren and grandchildren can obtain the inheritance of the elderly.

    In the first case, the children of the elderly person die first. China's "Inheritance Law" stipulates that if the decedent's children die before the decedent, their inheritance may be inherited by the direct blood relatives of the decedent's children. However, subrogation only applies to statutory succession, not to testamentary succession or bequest.

    In addition, subrogation only occurs in the succession of first-order legal heirs.

    The second situation is that after the death of the elderly, the children also die, and the estate of the elderly can also be inherited by the grandchildren. The difference between transitive inheritance and subrogation is that transitive succession can occur in either statutory succession or testamentary succession. In addition, the scope of the transferred heirs includes all the legal heirs of the transferred heirs, including not only the direct blood relatives of the younger generations of the original heirs, but also other legal heirs, such as spouses, parents, siblings, grandparents and maternal grandparents.

  2. Anonymous users2024-02-11

    Gift method. 1. If the house is transferred to the grandson, the owner cannot claim to return the house, but the owner can rely on the sales contract.

    Require the transferee to pay the purchase price.

    2. If the house is transferred by way of gift, and the grandson violates the premise of the gift agreement, the owner can sue to claim the house back, so this is the most appropriate way.

  3. Anonymous users2024-02-10

    The most cost-effective way for grandpa to give his grandson is to go to the local notary office with his grandfather to apply for an "inheritance gift", and take the notarial deed and his real estate-related certificate to the local housing authority to go through the inheritance acceptance procedures within 2 months.

    In contrast, Hu Jinzi exempted the tax charged by the square meter in the corresponding transfer link of the state, and only needed a handling fee of a few hundred yuan. However, there is a time limit that it must be within 2 months to bring the notarial deed and its related real estate certification materials, and if it is overdue, it will be handled according to the automatic renunciation of the acceptance of the inheritance.

    If there is a grandmother, the grandmother and grandfather must sign and agree together before the "bequest" can be processed, and the grandfather unilaterally treats it as invalid. If the grandfather is alone, you must issue a death certificate for your grandmother (go to the police station where your grandmother's death registration is cancelled), and the property right of 100 belongs to your grandfather alone, and then you need to issue a certificate of no marriage record after your grandfather is widowed (at the local civil affairs bureau, you need to go in person). There is no dispute with the issuance of a certificate that proves the house (this certificate goes to the housing authority where it is located).

    If the house is indeed the grandfather's private 100 property, you need to bring the household registration book ID card to apply for the issuance of real estate files.

    "Gift" is an act in which the donor gives his property to the donee free of charge, and the donee expresses his acceptance. The essence of this act is the transfer of ownership of property. The act of gift is generally completed through legal procedures, that is, the signing of a gift contract (there are also oral contracts and other forms).

    Civil Code of the People's Republic of China

    Article 1123: After the commencement of inheritance, it shall be handled in accordance with the statutory succession; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement. Article 1133:Natural persons may make a will to dispose of personal property in accordance with the provisions of this Law, and may designate an executor.

    A person may make a will to designate personal property to be inherited by one or more of the legal heirs.

    A natural person may make a will to donate his or her personal property to an organization or individual other than the state, collective, or legal heirs.

    A natural person may establish a testamentary trust in accordance with the law.

  4. Anonymous users2024-02-09

    1. If the real estate certificate is written in the grandfather's name, then it can be directly transferred to the grandson. The premise is that the grandson must be at least 18 years old, and if he is under 18 years old, the guardian must go to the guardianship notarization and then transfer the ownership.

    2. If the grandfather is alive and the real estate certificate has been completed for 5 years, it is best to choose direct transfer. It is also possible to notarize a will, but the notarization of a will can only take effect after the death of the elderly.

    3. When the old man is alive, the house is the private property of the old man, and the transfer of private property does not require the intervention of other personnel. Therefore, if the old man is willing, regardless of whether your father agrees or not, he can transfer the property to your name. What you mean by renunciation of inheritance notarization refers to the fact that there will be a succession after the death of the elderly

    The real estate buyer and seller shall sign a real estate sales contract, and the text of the contract may use the model text formulated by the Housing and Land Management Bureau, or the self-made contract. If a self-made contract is used, the parties shall entrust a legal service agency recognized by the Municipal Real Estate Bureau to conduct a pre-examination before applying for the transfer, and the legal service agency shall submit a pre-examination qualification opinion on the self-made contract that meets the requirements. After the municipal, district and county real estate transaction management agency accepts the transfer application, it shall review the application and transfer materials provided by the buyer and the seller, and the review content is as follows:

    Dankai. 4. Whether the materials provided by the parties are legal and valid.

    5. Whether the content filled in the application form is consistent and correct with the materials provided.

    6. Whether the ownership of the real estate is clear, whether there is a dispute over ownership or the phenomenon that other rights do not accompany Chi Shanqing, and whether it falls within the scope of the "Measures for the Transfer of Real Estate" that cannot be transferred.

    7. Whether the transferee can transfer the real estate in Luzhong according to the regulations.

    8. Whether the real estate bought and sold has been mortgaged.

    9. Whether the lessee waives the right of first refusal in the purchase and sale of leased real estate.

    10. Whether the co-owner waives the right of first refusal in the purchase and sale of jointly owned real estate.

    Please click to enter a description (up to 18 words).

  5. Anonymous users2024-02-08

    If it is a transfer between grandparents and grandchildren, it is best for the grandfather to give the house to the father first, and the father will then inherit the house to the grandson with the lowest cost. You only need to pay the registration fee of 280 yuan twice, and there is no business tax, individual income tax and deed tax. Note that it is best for other relatives who have the right to inherit to write a statement of renunciation of inheritance rights and ask a few friends who know you to witness it.

    Hello, glad to answer for you. The transfer between relatives, gifts and inheritances are all cost-effective, and the most cost-effective is inheritance. If it is a transfer between grandparents and grandchildren, it is best for the grandfather to give the house to the father first, and the father will then inherit the house to the grandson with the lowest cost.

    You only need to pay the registration fee of 280 yuan twice, and there is no business tax, individual income tax and deed tax. Note that it is best for other relatives who have the right to inherit to write a statement of renunciation of inheritance rights and ask a few friends who know you to witness it.

    The law stipulates: Article 1127 of the Civil Code of the People's Republic of China [Scope and Order of Inheritance of Legal Heirs] The inheritance of the estate shall be in the following order: (1) The first order:

    spouse, children, parents; (2) Second order: siblings, grandparents, maternal grandparents. After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir, the second-order heir shall inherit.

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