When is the right time to transfer the property of the elderly to the children? How do I close owner

If the children do not have real estate, it is best to give it to the children when they are alive, or after the death of the testamentary inheritance, the transfer is more troublesome, you need to prepare a lot of information to the housing authority for registration, and the subsequent processing can only be carried out after the declaration is approved.

It is most appropriate for the elderly's property to be transferred when the elderly are not in good health, but it is necessary to make it clear to the child when the transfer is made, and the child must fulfill the obligation of support. Both parties should take the original and copy of their ID cards, and go to the local real estate office with the real estate certificate and land certificate of the house to make the transfer.

It is most suitable to give the woman before he is old, and when the time comes, it will be directly handed over to the intermediate legal person for transfer.

Legal analysis: go to the notary public to notarize the house gift contract, and then bring the ID card, household registration book, real estate certificate and other necessary materials to the registration authority where the real estate is located to apply for transfer registration, and then the housing registration department will review the application materials, handle the housing transfer registration for those who meet the requirements, and issue the real estate registration book for them.

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

Article 209 The creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law. The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Article 210 The registration of immovable property shall be handled by the registration authority where the immovable property is located. The State implements a unified registration system for Zhixin real estate. The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.

Article 214 Where the creation, alteration, transfer or extinction of a real estate right shall be registered in accordance with the laws and regulations, it shall take effect when it is recorded in the real estate register.

Legal analysis: The conditions for the elderly to transfer the house to their children are: signing a transfer, gift or inheritance contract, signed by the elderly (the co-owner needs to sign for the joint property); Submit the application materials and go to the Real Estate Bureau to fill in the ** and Deposit Wisdom Quantity Contract; The real estate bureau will give a receipt and pay taxes and fees; The parties to the transaction have completed the registration of the change of property rights in the real estate transaction management department.

Legal basis: Article 7 of the "Housing Registration Measures" for housing registration is generally carried out in accordance with the following procedures: Qianrufeng.

a) Application; 2) Acceptance;

c) Audit; 4) Recorded in the register;

5) Issuance of certificates. The housing registration authority may make an announcement on the registration items when it deems it necessary.

Procedures for transferring the house of the elderly to their children.

1. Procedures for the sale and transfer of second-hand houses.

1. The buyer and the seller reach a consensus on the purchase of the house, and the buyer agrees with the state of the house and agrees with the house; The seller agrees with the house and the way the buyer pays for the house. After that, on the basis of fair resources, the two parties sign a contract for the purchase of the house and submit the contract to a notary public for notarization.

2. The buyer and seller bring the prepared information, certificates and notarized contracts to the housing authority for transfer registration, note that this is only an application for transfer, we need to submit the prepared information, declare the **** of the house, and then wait for review. Follow-up can only be done after permission has been obtained.

3. After getting the permission of the Housing Authority, we can pay the tax, which is a necessary expense in the process of second-hand housing transactions, and the proof of payment is obtained after the payment is completed.

4. Bring the proof of tax payment and relevant materials to the housing authority, and you can get the real estate certificate this time.

2. Transfer of inheritance of the house.

After the death of their parents, their children have the right to inherit the property left by their parents, but in order to inherit legally, they also need to go through legal inheritance transfer procedures.

There are three main steps in the transfer procedure of inheriting a house: first, the heir prepares the death certificate of the heir, the identity certificate of the heir, the real estate certificate of the heir and the certificate of his identity; secondly, go to the Housing Authority to apply for the transfer of ownership of the property; After that, the relevant taxes and fees are paid, and the property transfer can be handled after the tax payment is completed.

3. Transfer of donated real estate.

The gift of real estate can be a gift between relatives or a gift between strangers, but the gift of real estate needs to be transferred in accordance with the law, otherwise it is invalid.

The procedures for the transfer of donated real estate mainly include the following steps: both parties sign the gift letter and notarize it; Both parties should bring relevant documents and identity certificates to the Housing Authority for registration; Pay the tax fee and go to the housing authority to complete the transfer procedures.

Legal Analysis: Procedures for the transfer of real estate for the elderly to their children:

1. The donee submits the qualification review for house purchase;

2. The two parties sign a gift agreement;

3. Both parties go to the notary office to do notarization of relatives;

4. Both parties take the notarial certificate of repentance to the construction committee to pay taxes and handle the registration of property rights transfer.

Fawang Forward Law Basis:

Code of the People's Republic of China

Article 657:A gift contract is a contract in which the donor gives his property to the donee free of charge, and the donee expresses his acceptance of the gift.

Article 658:The donor may revoke the gift before the transfer of the right to the donated property. The provisions of the preceding paragraph do not apply to notarized gift contracts or gift contracts that have the nature of public interest or moral obligations such as disaster relief, poverty alleviation, or assistance to the disabled, which must not be revoked in accordance with law.

Article 659:Where it is necessary to go through registration or other formalities in accordance with law for donated property, the relevant formalities shall be completed.

First of all, parents and children go to the city notary office to handle the notarization of gifts, and the children voluntarily give the house to their parents, and then the parents and children bring the notarial certificate of gift, ID card, marital status certificate, real estate certificate, and land certificate to the city real estate registration center to go through the socks and transfer procedures Shiling, which can change the children's names to the names of their parents.

There are three ways for the elderly to transfer ownership to their children, the first way is the gift, but the deed tax is required to pay the deed tax, and the deed tax is 3% fee, and the cost is a lot in the whole process of transfer. The second is the inheritance transfer, which is to transfer the property after the death of the elderly, and the real estate inheritance transfer is the most cost-effective, and you only need to bear the cost of inheritance notarization. The third is that it is normal to buy and sell, and second-hand housing transactions need to pay individual income tax, deed tax, and value-added tax.

If the elderly have left a valid will before their death, they cannot go to the housing authority to go through the transfer procedures directly. This is because the Housing Authority cannot verify the authenticity of the will, so the heirs need to determine the authenticity of the will in the form of a mediation letter or judgment in the Fachun Libo Hospital according to the doctor's order, and then go to the Housing Authority to go through the transfer procedures. At the same time, the notarial certificate of inheritance rights needs to first determine the qualifications of the legal heirs and the inherited property, and then the notary offices around the country are responsible for issuing documents, but in real life, the notarization of legal inheritance rights is very difficult to handle, because some parties are unwilling to handle the notarization of inheritance rights.

1. The most cost-effective way to transfer ownership, of course, is the inheritance transfer. For the inheritance transfer of housing, from July 2016, the compulsory notarization of inheritance will be cancelled, and the notary fee can be saved by 2%, and the inheritance of the transfer housing will only be a few hundred yuan handling fee. However, the inheritance of a house can only be done after the death of the registrant of the title certificate and the co-owner of the house.

2. There are two ways to transfer, 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 gift transfer is exempt from the business tax and the income of the Dan Liang tax, the deed tax model and the cost of production still have to be paid, the gift also needs to go through the notarization procedures, and the future transfer needs to pay 20% income tax. To handle the transfer, the husband and wife of the buyer and the seller (unmarried and unmarried certificate) are present, and the real estate transfer takes the real estate certificate, the ID cards of both parties, the household registration, and the marriage certificate, and goes to the housing authority to check the file (to verify whether the buyer is the second suite), sign a sales contract for the record, pay the relevant taxes and fees, and then handle the transfer with the file check, payment voucher, and the above materials.

According to Article 209 of the Civil Code, the creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with the law; Without registration, it shall not take effect, unless otherwise provided by law. The ownership of natural resources that belong to the State in accordance with the law may not be registered.

The specific conditions for the elderly to transfer the house to their children are: signing a transfer, gift or inheritance contract, signed by the elderly (the co-owner needs to sign for the joint property); Submit the application materials and go to the real estate bureau to fill in the ** and stock contract; The real estate bureau will give a receipt to the banquet and pay taxes and fees; Both parties to the transaction have completed the registration of property rights change in the real estate transaction management department.

[Legal basis].

Article 21 of the Provisional Provisions on the Registration of Immovable Property.

The registration of the registered items is completed when they are recorded in the immovable property register. When the immovable property registration authority completes the registration, it shall issue the immovable property ownership certificate or registration certificate to the applicant in accordance with the law.

Article 209 of the Civil Code.

The creation, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law. The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Article 214.

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