-
Bring the household registration booklet, the ID cards of you and your mother and other relevant personnel (if it is an only child, two people) and real estate certificates, go to the notary office for a notarization of the transfer of property rights, and then go to the housing authority (or real estate transaction center) to go through the transfer procedures with the above documents and notarial deeds.
Pay the deed tax (property appraisal value and stamp duty), and finally go to the Land and Resources Bureau to apply for the land certificate.
-
It is recommended that your mother go directly to the municipal notary office to do a "notarization of property rights transfer" for you, which also has legal effect If the transfer of ownership will be relatively cumbersome and you need to pay a certain fee Your mother's suggestion also chooses to do notarization.
-
If your father passed away first, and your mother bought the house, then you can directly handle the transfer, just like a normal transaction, go to the real estate bureau of the district where the house is located, first go to buy three approval forms, and then the real estate bureau will sign and pay stamp duty, and then wait about 20 days or so, you can pay the deed tax, transaction fees, etc., and receive the house certificate and deed. If the house is bought within two years, it is recommended that you do not apply for it first, basically all districts have started to collect business tax.
If the house was bought before your father passed away, you will have to go through the inheritance process. The same is to go to the real estate bureau of the district where the house is located.
-
Policies vary from place to place, so it is recommended that you first ask the relevant departments of the Municipal Housing Management Bureau.
-
Legal analysis: go to the government affairs center to pay the deed tax and get the house deed. Go to the tax authorities to go through the business tax exemption procedures.
Then bring the above procedures to the local housing property registration department to go through the procedures for the transfer of housing property rights, and transfer the property rights of the house to the name of the children. Where the law has other provisions, those provisions shall be followed.
Legal basis: "Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China" Article 27: Where a house rented by one party before marriage and purchased with joint property after marriage is registered in the name of one party, it shall be recognized as the joint property of the husband and wife.
-
Legal Analysis: Houses can be transferred to their relatives. The owner of the house can decide the ownership of the home.
And you can leave the house to your relatives by making a will. You can also directly register the transfer of property rights with your relatives at the real estate registration center, and the change of real estate property rights shall be subject to registration. However, the premise of the above action is that the owner of the house has full control over the house.
If it is jointly owned by another person or is a joint property of the husband and wife, it is not possible to transfer the house to your relatives without authorization.
Legal basis: Article 209 of the Civil Code of the People's Republic of China 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.
-
Legal Analysis: Children who transfer property to their parents can choose to transfer the property by gift or sale.
Legal basis: Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property
Article 37 Those who apply for the registration of the right to use State-owned construction land and the change of ownership of houses shall, according to different circumstances, submit the following materials:
1) Certificate of ownership of immovable property;
2) The materials that have been changed;
3) The approval documents of the people** or the competent department that have the right to approve;
D) the State-owned construction land use right transfer contract or supplementary agreement;
5) State-owned construction land use right transfer price, taxes and other payment vouchers;
6) Other necessary materials.
Article 38 Those who apply for registration of the right to use State-owned construction land and the transfer of ownership of houses shall, according to different circumstances, submit the following materials:
1) Certificate of ownership of immovable property;
2) Contracts of sale, exchange, and gift;
3) Materials inherited or bequeathed;
4) Split or merger agreements;
5) Legal documents effective by the people's courts or arbitration commissions;
6) The approval documents of the people** or the competent department with the right to approve;
7) Proof of payment of relevant taxes and fees;
8) Other necessary materials.
If the immovable property sales contract shall be filed in accordance with the law, the applicant shall submit the recorded sales contract when applying for registration.
-
Legal analysis: If you need to transfer the property to your son, you need both parties to write a gift and agreement and add notarization before you can go to the real estate transaction center to transfer the property together.
Legal basis: Measures of the People's Republic of China for Housing Registration Article 85 In the event of any of the following circumstances, the right holder shall apply for registration of the change of ownership of the house after the relevant legal documents take effect or the facts occur:
1) The name or title of the owner of the house is changed;
2) The location of the house is changed;
3) The area of the house has increased or decreased;
4) Dividing or merging houses with the same owner;
5) Other circumstances provided for by laws and regulations.
-
1. The way to transfer the house under the name of the parents to the children is: if the parents agree through consultation, the house under the name of the parents can be transferred to the children, and the real estate transfer to the name of the child needs to bring the house ownership certificate (with the house registration balance table, two copies of the real estate floor plan), the sock book, the identity documents of both parties and other materials to the real estate registration management department to go through the transfer procedures.
2. 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.
The transfer fee is the lowest, which is about 6% of the tax return price (i.e. the transfer price of the property you agreed upon) (3% of the notary fee and 3% of the transfer tax). However, after the transfer of the gift, if you want to transfer the property in the future, you will have to pay 20% of the declared value of the individual income tax alone. Therefore, it is not advisable to use gift transfer. >>>More
I am a lawyer, I suggest that your mother still use the gift to give you better, tax free, if the transaction to you need to pay deed tax, and is the joint property of your husband and wife, if divorced, the house has half of your wife, the gift is different, you can only give it to you, even if it is a gift to the two of you, although it is also the joint property of your husband and wife, but your wife is divorced can not share the house, because the law stipulates that the donor can revoke the gift in several circumstances, in May 2009 issued a gift on three types of people. >>>More
From a legal point of view, absolutely.
The legal basis is the Property Law of the People's Republic of China >>>More
To change the name of the husband and wife, only the real estate certificate is required. >>>More
Transfer of real estate from a natural person to a legal person. >>>More