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If the parents donate the real estate to their minor children free of charge, they shall go through the following procedures: (1) Go to the notary office to apply for the "notarial certificate of gift" of the real estate owner and the "notarial certificate of acceptance of gift" of the donee or the "notarial certificate of gift contract" jointly handled by both parties, as well as the notarial certificate of kinship between the donor and the donee. In view of the fact that the donee is a minor, it is recommended to handle the notarization of unilateral legal acts, that is, to handle the "notarial certificate of gift" of the owner of the property and the "notarial certificate of acceptance of gift" of the donee.
2) Hold the notarial certificate, the valid identity certificate of the party concerned, and the real estate ownership certificate to the housing management department to apply for the transfer procedures; (3) Pay taxes to the tax department according to the requirements of the housing management department, fill in the "Registration Form for Individual Free Donation of Real Estate", and after being reviewed by the tax department, you can be exempted from paying business tax (5%), individual income tax (20%), urban maintenance and construction tax and education surcharge (7%). Deed tax (between 3% and 5%), stamp duty of 5/10,000, appraisal fee and registration fee are not exempted. (4) Hold the deed tax payment certificate stamped with the seal of "personal free gift" to the housing management department to go through the registration procedures for the transfer of gift property rights.
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I'm going to go to the housing authority and ask, I don't know anyway.
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Legal Analysis: Yes. In the event of a divorce, the parties may agree in the divorce agreement to transfer the property to the minor children, and the law does not prohibit this behavior. If the child is an adult, the property can be transferred directly to the child.
Legal basis: Law of the People's Republic of China on the Administration of Urban Real Estate
Article 36 For the transfer or mortgage of real estate, the parties shall handle the registration of ownership in accordance with the provisions of Chapter V of this Law.
Article 62 When real estate is mortgaged, the mortgage registration shall be handled with the department prescribed by the local people's ** at or above the county level. Where land use rights and house ownership are obtained as a result of the disposal of mortgaged real estate, the transfer registration shall be completed in accordance with the provisions of this Chapter.
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Legal Analysis: Yes. There is no age limit, as long as you have an ID card or household registration booklet. First, the transfer is handled by way of transfer. This is a buyer-seller relationship, where the father is the seller and the son is the buyer. Second, it is a gift to handle the transfer.
Legal basis: Article 3 of the "Opinions on Several Issues Concerning the Implementation of the Inheritance Law of the People's Republic of China" stipulates that other legal property that a citizen may inherit includes valuable property and creditor's rights that are subject to sale.
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Legal Analysis: Yes. As long as the law is met, the uncle's property can be transferred to the nephew's name.
Procedures for gifting. The uncle writes a gift agreement: after the gift is given to the nephew, it will be notarized by the notary department, and then the transfer will be handled by the housing management department.
It is also possible to buy and sell through the procedure. Go through the sale and transfer procedure: the uncle is the seller, and the nephew is the buyer, so you need to bring the identity certificate, house ownership certificate, household registration book, marriage certificate, sales contract, and transfer confirmation approval form to the housing management department for online signing and then handling the transfer.
Legal basis: Article 14 of the Provisional Regulations of the People's Republic of China on the Registration of Immovable Property Article 14 Where an application for registration of immovable property is made for sale, creation of mortgage, etc., both parties shall jointly apply.
In any of the following circumstances, the parties may apply unilaterally:
1) The immovable property that has not yet been registered is applied for registration for the first time;
2) Inheritance or acceptance of bequests to acquire immovable property rights;
3) The establishment, modification, transfer, or extinction of immovable property rights in effective legal documents of the people's courts or arbitration commissions, or effective decisions of the people's courts;
4) The name or title of the right holder or the natural situation changes, and the application for modification of registration is made;
5) The immovable property is lost or the right holder gives up the rights of the immovable property and applies for cancellation of registration;
6) Applying for correction of registration or objection to registration;
7) Other circumstances where laws or administrative regulations provide that a unilateral application may be made by the parties.
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Legal analysis: The house can be transferred to the nephew, and the parties need to apply to the real estate registration agency for change registration. The parties or their ** persons shall apply to the immovable property registration authority for immovable property registration.
Legal basis: "Regulations on the Provisional Confiscation of Real Estate Registration".
Article 14 Where an application for registration of immovable property is made for sale, mortgage creation, etc., both parties shall jointly apply for it. In any of the following circumstances, the parties may apply unilaterally:
1) The immovable property that has not yet been registered is applied for registration for the first time;
2) Inheritance or acceptance of bequests to acquire immovable property rights;
3) The establishment, modification, transfer, or extinction of immovable property rights in effective legal documents of the people's courts or arbitration commissions, or effective decisions of the people's courts;
4) The name or title of the right holder or the natural situation changes, and the application for modification of registration is made;
5) The immovable property is lost or the right holder gives up the rights of the immovable property and applies for cancellation of registration;
6) Applying for correction of registration or objection to registration;
7) Other circumstances where laws or administrative regulations provide that a unilateral application may be made by the parties.
Article 15 The parties or their persons shall apply for registration of immovable property to the immovable property registration agency. Before the immovable property registration agency records the items to be registered in the immovable property register, the person applying for registration may withdraw the application for registration.
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Legal Analysis: The aunt's house can be transferred to the nephew through real estate transfer and gift. The main information to be provided for the transfer of ownership is:
Housing ownership certificate, identity certificate of both buyer and seller, certificate of marital status of the first party to the house, housing verification certificate, sales contract and other information deemed necessary by the housing registration agency, etc.
Legal basis: Civil Code of the People's Republic of China
Article 355: Where the right to use construction land is transferred, exchanged, used for capital or donated, an application shall be made to the registration authority for modification of the registration.
Article 357: Where a building, structure and its ancillary facilities are transferred, exchanged, funded or donated, the right to use the construction land of Yexiang within the scope occupied by the building, structure and its ancillary facilities shall be disposed of together.
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Legal Analysis: An uncle can transfer the house to a nephew. The uncle can give the house to the nephew.
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. Where it is necessary to go through registration or other formalities in accordance with law for donated property, the relevant formalities shall be completed.
Legal basis: Civil Code of the People's Republic of China
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.
Article 657 Xunpai Consolidation A gift contract is a contract in which the donor gives his wealth and socks 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.
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