How to transfer rural real estate license to children

According to Article 8 of the Land Management Law, rural residential sites are collectively owned by farmers. Sixty-second rural villagers can only own one homestead. The certificate of homestead is issued by the land management department.

If it belongs to the rural homestead, the owner of the homestead should be changed first, and then the new homestead certificate, the identity certificate of the owner and the relevant notarized documents should be used to apply for registration of change.

The transfer of immediate family property is mainly divided into inheritance, gift and sale.

If there is no house under the name of the child, it will be sold again after inheriting the property of the elderly, and there is no need to pay a tax. However, if there is a house under the name, you need to pay a tax; If you go through the donation procedures, you will not only have a notary fee, but also pay a deed tax. After the implementation of the New Deal, the real estate between immediate family members can be freely priced, which not only saves notarization fees, but also pays less deed tax and business tax.

Extended data:

Relevant laws

Article 4 of the Measures for the Administration of Rural Homestead stipulates: "Rural Homestead belongs to collective ownership. Rural residents only have the right to use the homestead and have no ownership. The ownership and use right of the homestead are protected by law, and no unit or individual may occupy, trade or illegally transfer it in other forms. " In other words, the homestead is not allowed to buy or sell.

Article 6 of the Regulations for the Implementation of the Land and Land Management Law of People's Republic of China (PRC) stipulates: "If the land use right is transferred according to law due to buildings, structures and other attachments on the ground, it must apply to the land administrative department of the people's government at or above the county level where the land is located for land change registration, and the original land registration authority shall handle the registration of land ownership and use right change according to law.

Changes in land ownership and use rights shall take effect from the date of registration of changes. "That is to say, only through administrative procedures can the establishment of the right to use the homestead take effect.

According to Article 9 of the Property Law: "The establishment, alteration, transfer and extinction of the real right of real estate shall take effect after being registered according to law; Without registration, it will not take effect, except as otherwise provided by law. " According to the regulations, the change of registration and transfer should be the effective elements of the sale of houses and homesteads. If the transfer of ownership is not registered, the sales contract is invalid.

People's Daily Online-Zhengzhou Real Estate Transfer New Deal: 20 yuan will be priced for children.