Ask for a house, a land, a gift contract! Urgent

Updated on society 2024-07-10
5 answers
  1. Anonymous users2024-02-12

    I think you should be a contract for the relinquishment of property, not a contract of gift. Also, their husbands must also sign, otherwise it will not be valid.

    And after signing the contract, you need to go to the notary office for notarization, otherwise it is useless.

    Land Grant Contract.

    Donor (Party A): -

    Donee (Party B): -

    The existing land is located in the --- place, and the construction area is ——-

    square meters, which is the property left over from ---.

    - He had four daughters during his lifetime. Now --- and ——— are willing.

    Renounce the right to inherit the land and give it to the ——- with full authority

    Party A is Party B's person--. In order to donate the house, both parties A and B will cooperate.

    The business agrees to sign the following house gift contract:

    1. Party A (the relationship) voluntarily donates the land to Party B free of charge. Armor.

    The Party warrants that the gift to Party B is the full ownership of the said land and is free from any third party recourse.

    2. The handover time of the above-mentioned donated land is ----———. Give.

    Party A shall be responsible for the creditor's rights and debts before the handover with the land, and Party B shall be responsible for the creditor's rights and debts after the handover of the donated land house.

    3. Party B voluntarily accepts all the property rights of the above-mentioned land.

    4. Other agreed matters; --

    5. This contract will come into effect after notarization, (you can choose not to notarize, then this article will not be written) such as.

    If either party breaches the contract, the breaching party shall compensate the non-breaching party in accordance with the law. Actual losses as a result. This contract is disputed.

    In case of disagreement, both parties can apply to the local arbitration commission for arbitration.

    Or go to the court where the property is located.

    Signature of Party A (donor): Signature of Party B (donee):

    ID Number: ID Number:

  2. Anonymous users2024-02-11

    A gift contract is not the same concept as a contract for the renunciation of property.

    Excuse me.

  3. Anonymous users2024-02-10

    Legal analysis: A land use right gift contract refers to an agreement reached by one party (donor) to pay its land use right to the other party (donee) free of charge. The land gift contract is validly established as long as both parties express their intentions voluntarily and genuinely.

    The main terms of the land use right gift contract are as follows:

    1) The names of the parties.

    2) The location and area of the land on which the right of use is granted.

    3) Buildings and other attachments on the land for which the right of use is granted.

    4) Obligations borne by the donee.

    5) The standard and payment method of land appreciation fee.

    6) Land use.

    7) Liability for breach of contract.

    8) Ways to resolve disputes.

    9) The time and place of the conclusion of the contract.

    10) The banks of both parties.

    11) The seals of the legal persons of both parties and the signatures or seals of the legal representatives.

    12) The conditions for the use of the original land use right.

    Legal basis: "Land Management Law of the People's Republic of China" Article 54 The use of State-owned land by construction units shall be acquired by way of paid use such as transfer; However, the following construction land, approved by the people at or above the county level in accordance with the law, can be obtained by way of allocation: a state organ land and military land; 2. Land for urban infrastructure and public welfare; 3. Land for infrastructure such as energy, transportation, and water conservancy supported by the state; 4. Other land use as provided for by laws and administrative regulations.

    Article 55 The construction unit that obtains the right to use State-owned land by way of transfer and other paid use shall pay the land use fee and other paid fees for the transfer of land use rights in accordance with the standards and methods prescribed by the Ministry of Science and Technology before using the land. Since the date of implementation of this law, 30 percent of the land use fees for new construction land shall be handed over to the treasury, and 70 percent shall be reserved for the local people concerned, and shall be used exclusively for the development of cultivated land.

    Article 658 of the Civil Code of the People's Republic of China: 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 must not be revoked in accordance with law and are in the nature of public interest or moral obligations such as disaster relief, poverty alleviation, or assistance to the disabled.

  4. Anonymous users2024-02-09

    Legal analysis: The gift of land use right is the act of the land use right holder transferring the land use right to the counterparty free of charge, and the counterpart accepts it. The right to use land refers to the right to occupy, use, benefit and dispose of state-owned land or collective land enjoyed by units or individuals in accordance with the law or by agreement.

    Legal basis: "Interim Regulations on the Assignment and Transfer of State-owned Land Use Rights in Cities and Towns of the People's Republic of China" Article 19 The transfer of land use rights refers to the re-transfer of land use rights by land users, including **, exchange and donation.

    Where land is not invested in the development or utilization of land in accordance with the time limit and conditions stipulated in the land use right transfer contract, the land use right shall not be transferred.

  5. Anonymous users2024-02-08

    What should be paid attention to when signing a gift real estate agreementAccording to the relevant regulations, the donated house must submit written documents such as the house ownership certificate and the gift contract, and go through the formal registration procedures for the change of house ownership to the real estate management agency, and the house donation will have legal effect. Generally speaking, the procedures for housing donation must go through the following steps: 1. The donor and the donee sign a written contract for the gift of the house, that is, the letter of donation.

    2. The parties to the house donation shall pay the relevant deed tax in accordance with the provisions on the basis of the original house ownership certificate and the gift contract. 3. Notarization. According to the provisions of the Joint Notice of the Ministry of Justice and the Ministry of Construction on Strengthening Notarization in the Administration of Real Estate Registration, housing donations must be notarized.

    4. Go through the registration procedures for the transfer of house ownership. The parties to the house donation shall submit the following documents to the real estate management agency to apply for change of registration: application, identity certificate, original house ownership certificate, gift letter and notarial deed, deed tax receipt, etc.

    5. The donor delivers the house to the donee. The delivery here is subject to the registration of the transfer of property rights. If the parties have entered into a written gift contract without going through the formalities for the transfer of property rights, and the donor has handed over the original house ownership certificate to the donee, the gift shall also be deemed to be established in accordance with the provisions of the Supreme People's Court.

    The cost of the gift is: 2% of the notary fee (charged according to the assessment of the housing management department**), deed tax: 3% (charged according to the assessment of the housing management department**, the gift transfer is exempt from business tax and income tax, and the deed tax and the cost of production are still to be paid), plus the transaction fee (5 yuan square).

    Article 143 of the Civil Code provides that a civil juristic act that meets the following conditions is valid: (1) the actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs. Article 657 of the Civil Code provides that 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 659 of the Civil Code: Where donated property needs to be registered or other formalities in accordance with law, the relevant formalities shall be completed.

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