First of all, my sister and brother need to reach a clear will on the transfer of real estate, and confirm that both parties have the necessary conditions for the transfer. Including ensuring that the property is uncontroversial, the ownership is clear, and knowing the taxes and fees that may be involved in the transfer.
Second, prepare the materials needed to improve your studies.
In order to handle the transfer formalities smoothly, both parties need to prepare the following materials:
1. identification: valid identification documents of elder sister and younger brother, such as ID card and household registration book.
2. Property right certificate: the original property right certificate of the property, which proves the ownership of the property.
3. Sales contract or gift agreement: If the transfer is based on sales or gift relationship, the corresponding contract or agreement needs to be provided.
4. Tax-related certificates: According to local policies, it may be necessary to provide tax certificates related to real estate transactions, such as deed tax payment certificates.
Third, handle the transfer procedures.
1. Submit the application: My sister and brother bring the above materials to the local real estate management department or real estate registration center to submit the transfer application.
2. Review materials: relevant departments review the submitted materials to ensure the authenticity and integrity of the materials.
3. Pay taxes and fees: Pay corresponding taxes and fees according to the appraised value of the property and local policies.
4. Transfer registration: After the examination and approval and payment of taxes and fees, transfer the ownership of the property from the elder sister's name to the younger brother's name.
Fourth, do a new real estate license.
After completing the transfer registration, the younger brother can get a new real estate license as a legal proof of property ownership.
To sum up:
When the elder sister transfers the house to the younger brother, it is necessary to clarify the will and conditions of the transfer, prepare the materials needed for the transfer, go through the transfer procedures and pay the relevant taxes, and finally get a new real estate license. In the process of handling, both parties shall abide by relevant laws and regulations to ensure the legality and effectiveness of the handover procedures.
Legal basis:
People's Republic of China (PRC) property right law
Article 9 provides that:
The establishment, alteration, transfer and extinction of the real right of immovable property shall take effect after being registered according to law; Without registration, it will not take effect, except as otherwise provided by law.
"People's Republic of China (PRC) City Real Estate Management Law"
Article 37 provides that:
The transfer of real estate refers to the behavior of the real estate owner to transfer his real estate to others through sale, gift or other legal means.
Contract law of the people's Republic of China
Article 130 stipulates:
A sales contract is a contract in which the seller transfers the ownership of the subject matter to the buyer and the buyer pays the price.