* * * If there is a property owner, is the property certificate new after one party gives the property to the other party? Is it less than five years?

* * * If there is a property owner, one party will give the property to the other party. After the gift, the original real estate license will be recovered according to law and a new one will be issued. The calculation of whether the house is within five years or outside five years shall be based on the time when the original house was registered. However, the gift will take legal effect only after the real estate management department handles the gift formalities according to law.

Legal analysis

Property donation procedures: 1. Sign the confirmation letter. Before going through the formalities of property donation, the owner needs to take the donee to the Housing Authority to sign the confirmation letter and bring all relevant materials. Relevant information includes property ownership certificate, purchase contract, gift certificate and gift certificate. These two notarial certificates need to be issued by both parties at the same time. On the one hand, it shows that free gift is the true will of the donor, and at the same time, it shows that accepting gift is the true will of the recipient. 2. Real estate appraisal. After signing the relevant confirmation letter, you can wait until the Housing Authority sends a professional real estate appraiser to survey and map the house, and then wait for the results of the house evaluation. The evaluation content generally includes real estate depreciation rate, infrastructure construction, water and electricity communication, benchmark land price, calibrated land price, house replacement price, reserve price and premium. 3. handle the notarization of the gift. Although it can be said that notarization is not needed in the process of real estate donation, notarization is relatively safe for both the owner and the donee. The following materials are required for notarization of gifts: donor's ID card, original and photocopy of household registration book, gift book, gift list and ownership certificate. 4. Various taxes and fees. In the process of real estate donation, the donee also needs to pay various taxes, including deed tax, stamp duty and registration fee. The registration fee for the transfer of real estate rights is subject to the pricing of the local housing authority. However, if the donor and the recipient are immediate family members, the deed tax may be exempted. There is also a land transfer fee, which depends on the nature of the donated property. 5. apply for a new real estate license. The last step of real estate donation is to apply for a new real estate license.

legal ground

People's Republic of China (PRC) Civil Code

Article 659 If the donated property needs to go through registration or other formalities according to law, it shall go through the relevant formalities.

Article 663 Where the donee is under any of the following circumstances, the donor may revoke the gift: (1) The legitimate rights and interests of the donor or his near relatives have been seriously infringed; (two) the donor has the obligation to support and fails to perform; (3) Failing to perform the obligations stipulated in the gift contract. The donor's right of revocation shall be exercised within one year from the date when he knows or should know the reason for revocation.