What are the procedures for transferring a property from a grandparent to a grandchild?

If the grandparents are still alive, it is relatively simple to transfer the property in their name to the grandchildren.

1. Grandparents can form an agreement on property rights change with their grandchildren.

1. The grandson is an adult, and it can be bought or sold, or it can be a gift.

2. If the grandson is a minor, he may accept a gift of a purely profit-making nature, and his legal guardian shall assist in handling it.

2. Bring the original property right certificate and the ID card of all property owners involved before and after the change.

The original and photocopy of the household registration book can be sent to the real estate transaction department to go through the procedures for property right change and transfer;

3. The property right change agreement can be a sales agreement or a gift contract.

The transfer tax for sale and gift is different, and there are pros and cons to each one, so you can choose by yourself;

4. If the gift method is adopted, it is also necessary to notarize the gift contract first.

It can be transferred by gift (subject to 3% deed tax), sale (the house is less than 90 square meters and the recipient's family has no house in the name, and the VAT to be paid), and bequest (no deed tax is required, but the transfer will be made after the death of the elderly). In the first and third cases, the grandfather, grandmother and grandson should go to the notary office for notarization, and if the elderly are over 80 years old, they must also provide a medical certificate proving that the elderly are in a normal mental state and can be responsible for their actions.

This is a more complicated and cumbersome matter, there are many details to pay attention to in each way, it is best to find an intermediary to assist you in handling it, although it costs the intermediary fee (this kind of transfer can be halved).

If you have any questions about the transfer of real estate, go to the local real estate transaction center for consultation and handling. I feel that it is easier to sell it directly to my grandson, and it costs anyway. There are some differences, but it's straightforward and simple.

If it is the only house of the grandparents, it is recommended that the two elderly people consult a lawyer to write a will, and the property will only be owned by the grandson after death. Notarize it so as not to cause unnecessary harm and so on.

First go to the notary office to do a notarization, the grandparents will give the property to their grandson, and the notarial certificate can go through the transfer procedures after the notarial deed comes down.

The transfer of grandma's house to grandchildren requires going through procedures such as wills, legal inheritance, transfer and sale, and gift agreements. Transfer in the form of real estate gift, that is, the grandmother and grandson sign the gift contract, go to the notary office for notarization, and then both parties go to the real estate bureau to handle the change of ownership registration.

Legal analysis1. Testamentary inheritance, if the property owner handles the transfer of real estate by making a will, he must first notarize the will and obtain the notarial certificate of inheritance, and then the heir will bring the certificate and real estate information of the deceased to the Qionghai Housing Management Bureau to go through the inheritance and transfer procedures; 2. Legal inheritance, in accordance with the way of statutory inheritance for inheritance transfer, do not need to handle inheritance notarization, but need the heir and the decedent's kinship certificate, as well as other heirs' renunciation of inheritance, go to the housing authority to apply for inheritance transfer, the housing authority will evaluate the house, give the specific information of the house, review the heirs, the decedent's information can be handled after the transfer procedures. To handle the transfer of real estate, both parties must first sign a house sale contract or gift contract, and within 30 days of signing, bring the sales contract or gift contract, real estate ownership certificate, identity certificate of the parties and other documents to the real estate management department where the house is located to apply. After the application, the relevant staff will review the submitted documents and respond within 15 days.

If the review is passed, after the parties pay the taxes and fees, the real estate management department will issue the transfer bill in accordance with the law. Finally, the parties can take the transfer slip and receive a new real estate ownership certificate.

Legal basisDetailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property Article 16 The applicant shall submit the following materials and be responsible for the authenticity of the application materials: (1) the application for registration; (2) The identity materials of the applicant and the ** person, and the power of attorney; (3) Relevant real estate ownership certificates, registration reason certificates, and real estate ownership certificates; (4) Materials such as the site, spatial boundaries, and area of immovable property; (5) Explanatory materials on the interests of others; (6) Other materials provided for by laws, administrative regulations, and detailed rules for the implementation of these Regulations. The immovable property registration authority shall disclose the information such as the catalogue of materials and model texts required for application for registration in the office space and on the portal.

If the grandmother is still alive, she can give or sell the transfer, as follows: The gift fee for the transfer is about 6 of the tax return price (i.e. the transfer price you agreed upon) 6 (notary fee 3, transfer tax 3). 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.

It is recommended to use the sale and transfer of ownership, that is, the direct transfer of the property, the tax is about 8 of the declared value of the property (seller: personal income tax 1 (real estate certificate more than 5 years exempt), business tax 5 5 (real estate certificate more than 5 years exempt), buyer: deed tax 1 5, other transfer taxes and fees are about hundreds, the above tax points are calculated according to the ordinary residence less than 144 square meters).

Interim Regulations on the Registration of Immovable Property

Article 20 The immovable property registration authority shall complete the formalities for the registration of immovable property within 30 working days from the date of acceptance of the application for registration, except as otherwise provided by law.

Article 21 The registration of registered items shall be 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.

Civil Code of the People's Republic of China

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 663: The donor may revoke the gift under any of the following circumstances: (1) seriously infringing upon the lawful rights and interests of the donor or the donor's close relatives; (2) Failure to perform the obligation to support the donor; (3) Failure to perform the obligations agreed upon in the gift contract. The donor's right of revocation shall be exercised within one year from the date on which the donor knew or should have known the reasons for revocation.

There are three options for transfer, which are sale, disposition and gift.

1. For sale and purchase, both parties sign a contract and transfer ownership to the real estate trading center, they must pay 1% deed tax (3% for more than 90 square meters and 3% for more than 144 square meters) and 1% personal income tax. If the property right is less than five years, the difference in business tax will also be paid. It's a convenient and cost-effective way to do it.

2. The property (inheritance) should be notarized first, and then transferred. Paying taxes is the same as buying and selling, and it is also something to consider.

3. The gift should also be notarized first and then transferred, and 3% deed tax should be paid, which is not only a heavy tax burden, but also has other drawbacks, and is generally not suitable for gifting.

What are the general costs of conveyancing?

What are the procedures and fees for my grandmother to transfer the house to her grandson? Go to the notary office with grandma to do a real estate gift notarization, and then go to the real estate trading agency to go through the real estate transfer procedures, and you can settle down with the real estate right certificate.

Go to the notary office with your grandmother to do a real estate gift notarization, and then go to the real estate trading agency to go through the real estate transfer procedures, and get the real estate title certificate and your husband and wife can settle down.

Check with your local real estate office for specific advice. There is no one-size-fits-all model for calculating specific costs. Different regions and different methods will lead to differences in costs.

However, this situation needs to occur in the case of the death of one parent and is not very common.

1) Transfer of ownership of the house to children by way of transfer: The main costs of handling the transfer of the house are business tax, individual income tax and deed tax. There are three ways to transfer a property to a child with a 5% deed tax:

The first is to handle the transfer by way of transfer, that is, to handle the transfer in accordance with the transaction procedures in the way of sale. The second is to transfer ownership by gift, but in addition to the deed tax, the following taxes must be paid, and business tax will be levied when the house is purchased for less than five years and the sale and transfer of a house with an area of more than 140 square meters.

2. If the house has been purchased for less than five years or the house has been purchased for more than 5 years but is not the only house of the family, individual income tax shall be levied when the house is transferred.

3) More than five years of real estate sales and transfer is more cost-effective, you need to pay individual income tax, first handle the notarization of the gift, pay a fair fee less than the gift transfer, and at the same time the individual income tax is also exempted, only need to pay the notary fee. The heir can handle the notarization of inheritance rights with the will, and go to the housing management department to handle the transfer and name change with the notarial certificate of inheritance, and then handle the housing appraisal and housing appraisal, individual income tax and deed tax. Of course, there are also parents who think far ahead and plan to write a will to leave the property to their children.

2) The transfer of real estate within five years is more cost-effective: according to the national policy, the final transfer will be handled. The third way is to handle the transfer by inheritance, and pay the deed tax and property transfer registration fee at the same time.

2) Transfer the house to the children by way of gift: handle the transfer of the gift, and other taxes and fees are exempted. Since inheritance can only be achieved in the event of the death of one of the parents, many parents do not consider this route for the time being.

However, if there is no notary fee for the sale and transfer, if this house is the only property in the family. Among them, if the property has been completed for five years, only a notary fee is required for inheritance and transfer, and business tax is exempted.

3) Compared with the sale and gift, you only need to pay the deed tax and property right transfer registration fee, inheritance is the most economical and fast way, because China has not yet levied inheritance tax, it is exempt from business tax and personal income tax, only need to pay the deed tax, and the parents donate the property to their children are exempt from business tax and personal income tax, and only pay the notary fee of 2% of the total price of the house.

1. If the property is less than five years old, you need to pay business tax and individual income tax. It can be seen from this that the choice of which method of transfer depends on the situation of the house, and for the house purchased for more than five years, the business tax, deed tax and notary fee are exempted when reselling. There is no business tax on the transfer of gifts, because gifts are considered to be free gifts:

1. Therefore, the donee needs to pay personal income tax, and at the same time, the gift transfer also needs to pay a notary fee, and the tax expenditure is the lowest, because there is no business tax on the inherited property.

1) Inheritance and transfer are the most cost-effective: in the sale and gift: according to national policies, such as the purchase of real estate has been more than five years.

The property can be donated or sold and transferred, and the party to the house donation shall apply for change of registration to the real estate management agency, and shall submit the following documents:

1. Application form for house donation;

2. Housing ownership certificate (if the house is shared, the co-ownership certificate shall be provided);

3. Floor plan of the house;

4. Notarial certificate of house gift;

5. A copy of the ID card or household registration of the donor and the donee (check with the original);

6. Deed tax receipts.

1. What procedures are required for the transfer of real estate?

The procedures required for the transfer of real estate vary according to the different circumstances of the transfer, as follows: 1. The procedures required for inheritance transfer are as follows: (1) The heir shall go to the police station where the decedent's household registration is located to cancel the household registration and apply for a death certificate; (2) The heir shall go to the district or municipal notary office to handle the notarization of inheritance rights, and submit the death certificate of the decedent, the property right certificate of the house, identity documents and other materials; (3) The heir shall go to the relevant department to handle the registration of the house transfer, and submit the application for real estate registration, identity certificate, real estate right certificate, inheritance notarization document and other materials to the registration authority.

2. The procedures required for the transfer of ownership are as follows: (1) the donor and the donee enter into a letter of gift; (2) The donee shall pay the deed tax and receive the deed with the original house ownership certificate and gift letter; (3) Go to the notary office for notarization; (4) Go to the relevant departments to go through the registration procedures for the transfer of house ownership and submit relevant materials; (5) The donor delivers the house to the donee. 3. The procedures required for the transfer of ownership are as follows:

1) The buyer and the seller sign the sales contract; (2) After the contract is signed, the real estate ownership certificate, the legal certificate of the parties, the sales contract and other relevant documents shall be submitted to the real estate management department where the real estate is located, and the transaction shall be declared**; (3) The real estate management department shall review the relevant documents provided and give a written reply on whether to accept the application; (4) The real estate management department verifies the declared transaction**, and conducts on-site investigation and evaluation of the transferred real estate as needed; (5) The parties shall pay the relevant taxes and fees in accordance with the regulations; (6) The real estate management department shall go through the registration procedures for housing ownership and issue the real estate ownership certificate.

Civil Code of the People's Republic of China

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 gift contracts that have been notarized or that must not be revoked in accordance with law and have the nature of public interest or moral obligations such as disaster relief, poverty alleviation, or assistance to the disabled.

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.