If the donee dies or loses the capacity for civil conduct due to illegal acts, his successor or legal representative may revoke the gift. So do you know what the current contract is like? Here I would like to share with you some common contracts for parents to give their children a house, hoping to help you.
General seal of parents' and children's house donation contract 1: (hereinafter referred to as Party A)
Receiver: (hereinafter referred to as Party B)
The relationship between the donor and the recipient is father and daughter, and Party A voluntarily donates the mortgaged property to Party B; According to the relevant laws and regulations of the contract, both parties voluntarily reached a donation of real estate. The agreement is as follows:
Article 1: Party A voluntarily adds part of its property to Party B, and Party B voluntarily accepts the change of the property. The details of this property are as follows:
1. The house is located at, with a construction area of118m2.
2. The ownership certificate number of the donated house is:
Article 2: The rights and interests related to the house shall be donated together with the house.
Article 3: The unpaid part of the house shall be solely borne by Party A from the date of signing this Gift Letter, and Party A waives the right to use and ownership of the house, while Party B enjoys the right to use and ownership of the house.
Article 4: Party A guarantees that it will not mortgage, resell or lease the house to others from the date of signing this gift agreement.
Article 5: When Party A donates the house property to Party B, the ownership of the house property shall be irrevocably owned by Party B from the date when the bookmark is donated.
Article 6: When Party B can handle the transfer formalities after paying the house price, Party A shall actively assist Party B to handle the transfer formalities as agreed, and shall not pass the buck for any reason.
Article 7: Both parties sign this house donation book in a friendly negotiation manner, and this donation book will take effect from the date of signing by both parties.
Article 8: For matters not covered in this Letter of Intent, Party A and Party B may separately sign supplementary clauses or supplementary agreements, which are an integral part of this Letter of Intent.
Article 9: Party A voluntarily and unconditionally donates all household appliances, furniture, jewelry and property originally belonging to Party A to Party B. ..
Party A: (signature) _ _ _ _ _ _ _
Party B (signature): _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
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"Parents and children housing gift contract" General provisions Chapter II Notarization applicant:
According to the provisions of the second paragraph of Article 27 of the Notarization Law, the legal significance, legal consequences and matters needing attention of applying for notarization of housing gift contracts are hereby notified as follows:
1. "House gift contract" refers to the contract in which the donor gives his house to the donee free of charge and the donee accepts the gift.
2. The house donated by the donor must be the legal property owned by the donor. If the house donated by the donor belongs to the property jointly owned by the donor and his spouse (or other person), the donor shall sign a gift contract with the spouse (or other person), notarize it or obtain the written consent of the person.
3. If the donor has made a will to dispose of the house involved in this gift, the relevant will made by the donor before can be regarded as revocation or partial revocation. If the donor has donated the house involved in this donation to others (or agreed to be owned by others in the form of property agreement), but has not yet gone through the registration of house change, then the donor's application for notarization of house donation this time may lead to disputes and even lawsuits between the donor and the two recipients, as well as between the two recipients.
You must sign the gift contract voluntarily, and it must be a true expression of will. If the intention is not true due to malicious collusion (such as buying and selling in the name of gift) or fraud or coercion, the gift contract may be invalid and the notarial certificate may be revoked.
Do not evade taxes or perform other legal obligations by signing a gift contract, otherwise the losses and consequences caused by it will be borne by you (them). We can revoke the notarial certificate.
6. You can't evade legal debt by giving, otherwise the creditor can exercise the right to cancel the gift contract.
7. According to Article 86 of the Contract Law, after the signing of the gift contract, the donor has the right to cancel the gift at any time before handling the registration of the change of house ownership. However, if the donor applies for notarization of the gift contract, the donor will lose the right to revoke the gift at will given to the donor by Article 86 of the contract law after the notarization certificate is issued here. If the donor fails to deliver the donated house, the donee may ask the donor to deliver it. So donors should think carefully.
8. The donor may attach obligations to the donee in the gift contract, or attach conditions or deadlines to the gift contract.
9. If the real intention of the donor is to give the donated house only to the donee, but not to the donee's husband and wife and their spouses, then the donor should clearly write the meaning that "the donated house is only given to the donee's personal property, but not to the donee's husband and wife and their spouses" into the gift contract.
10. According to Article 92 of the Contract Law, if the donee has one of the following circumstances, the donor may revoke the gift:
(1) seriously infringes on the donor or the donor's close relatives;
(2) Failing to perform the obligation to support the donor;
(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. If the donor dies or loses his capacity for civil conduct due to the illegal act of the donee, the donor's heir or legal representative may revoke the gift. The right of revocation of the donor's heir or legal representative shall be exercised within six months from the date when he knows or should know the reason for revocation. If the obligee revokes the gift, he may request the donee to return the donated property. If the donee does not agree to revoke the gift, the donator or other persons with the right to revoke it shall settle the dispute with the donee by bringing a civil lawsuit to the people's court, and shall not ask the notary office to revoke the notarial certificate.
1. If the donated house is defective, the donor will not be liable. If the donated house is defective, the donor shall bear the same responsibilities as the seller within the scope of obligations. If the donor intentionally fails to inform of the defects or fails to guarantee that there are no defects, thus causing losses to the donee, he shall be liable for damages.
2. If the donated house is damaged or lost due to the intentional or gross negligence of the donor, the donor shall be liable for damages.
3. After the notarization of the housing gift contract, the parties concerned shall promptly go to the housing property registration department to register the change of housing ownership. Donated houses shall be transferred to the donee after the change of ownership registration.
4. Before the transfer of the ownership of the donated house (before the registration of the change of the ownership of the house), the donor's economic situation deteriorated significantly, which seriously affected his production and operation or family life, and the donor could no longer perform the gift obligation.
5. If the property is given to a minor, according to the General Principles of Civil Law, after the gift, the guardian shall not dispose of the property except for the benefit of the minor.
6. After the notarization of the gift contract is issued by our firm, under any of the following circumstances, our firm may revoke or correct the notarization, and you need to undertake the obligation of restitution, property return and compensation to the relevant obligee. If you infringe on others or this office, you should also bear the tort liability. These situations include but are not limited to:
(1) The donated house belongs to the donor and others, but the donation has not been approved by other * * * owners (including the same heir of * * *);
(two) the donated house is notarized and confirmed by legal documents as not belonging to the donor or the property legally owned by the donor;
(3) A gift contract signed by the donor due to fraud or coercion;
(4) The donated houses have been sealed up.
7. After the notarization of the gift contract and before the transfer of the house, both parties can terminate the contract through consultation. After the house transfer registration, the gift contract has been fulfilled, and even if both parties reach an agreement through consultation, the gift contract cannot be terminated. If the donor goes back on his word and the donee agrees not to accept the gift, then the donated house can only be returned to the donor by giving it again or buying and selling.
Special instructions here: Please read this notice carefully before signing (fingerprinting) this notice. If you have any questions or objections, please ask our staff to answer them; If you have difficulty reading this notice, you can ask our staff to read it for you. After your signature and confirmation, this notice will be deposited in the notarized file of our firm as evidence that you know the contents of this notice and are willing to undertake corresponding obligations.
Notarization applicant (signature, fingerprint):
date month year
General principles of the house donation contract for parents and children Chapter III Donor (Party A):
ID number:
Domicile:
Telephone:
Recipient (Party B):
ID number:
Domicile:
Telephone:
Legal representative:
ID number:
Domicile:
Telephone:
Party A is Party B's grandfather, and in order to donate the house, Party A and Party B sign the following house donation contract through consultation:
First, the subject matter of the gift
Party A voluntarily donates the private house located at, property registration number, building area and square meters to Party B free of charge. Party A guarantees that the gift to Party B is the full ownership of the above-mentioned house and is not subject to any third party's recourse.
Second, the housing handover
The handover time of the above-mentioned donated houses is year month day. Party A shall be responsible for the creditor's rights and debts before the handover of the donated house, and Party B shall be responsible for the creditor's rights and debts after the handover.
Third, change registration.
Party B voluntarily accepts all the property rights of the above-mentioned house, and promises to go through the formalities of property right change registration within months from the delivery date of the house. Party B is responsible for handling the relevant taxes and fees for the above-mentioned property right change registration.
Four. Other agreed matters.
Verb (abbreviation of verb) liability for breach of contract
If either party breaches the contract, the breaching party shall compensate the observant party for the actual losses caused thereby.
The entry into force of intransitive verb contract
This contract shall come into effect after notarization. Both parties agreed to go to the notary office for notarization on.
Seven. Dispute mediation
Any dispute arising from this contract can be settled by both parties through consultation. If negotiation fails, a lawsuit can be brought to the court where the property is located.
Eight. treaty wording
This contract is made in duplicate, one for each party and one for the notary office. All contract texts are equally authentic.
Signature of Party A (donor): Signature of Party B (donee):
Signature of legal representative:
Signature time: Signature time:
Signing place: Signing place:
Notary organ:
Notarial opinion:
notary
Notarization time:
General terms and conditions of the house donation contract for parents and children 4 Party A (donor): (specify name and address) Address: valid ID number: Party B (donee): (specify name and address) Address: valid ID number:
Risk warning:
The content of the gift contract should be specific and clear. The gift contract mainly includes: the parties to the contract, the name of the gift property, the present situation of the property, the time limit and method of performance of the gift contract, whether and what conditions are attached to the gift, the liability for breach of contract and the dispute settlement method. Party B is Party A's _ _ _ _ _ _ (relationship), and Party A has other children. In order to prevent family disputes, Party A voluntarily donates all its real estate to Party B. According to the Contract Law and other relevant laws and regulations, both parties voluntarily reach the following agreement on real estate donation:
Article 1 Party A voluntarily donates its house property to Party B, and Party B voluntarily accepts the house. The details of the house are as follows: Risk warning:
Make a detailed agreement on the donated property. If the wife has not made a detailed agreement, the donor may transfer, cancel or change the gift at any time. The donee cannot get the gift, nor can he ask the donor to deliver the gift.
(1) The house was jointly built by Party A and her husband (deceased, father of Party B).
(2) The house is located in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(three) the ownership certificate of the donated house belongs to the rural self-built house without property right certificate, and the room number is _ _ _ _ _ _ _ _ _ _.
(four) the way to obtain the land use right is to apply for self-built houses on the homestead, and the land use right within the occupied area of the house is donated with the house. The relevant rights and interests of the house shall be donated together with the house.
Article 2 After the above-mentioned donated houses are moved, the monetary resettlement or house resettlement and other related rights and interests shall be donated to Party B.. Party B is responsible for arranging Party A and supporting Party A. ..
Article 3 This Agreement shall come into effect as of the date of signature by Party A, and Party B agrees to accept the gift and sign it. As the property right certificate has not been handled, the transfer formalities will not be handled.
Article 4 The property donated by Party A to Party B shall be irrevocable after it is signed by both parties and the village committee is fair.
Article 5 When Party B can handle the transfer formalities of the house, Party A shall actively assist Party B to handle the transfer formalities as agreed.
Article 6 This Agreement is made in triplicate, one for each party and one for the record of the village committee. Risk warning:
From the donor's point of view, the gift may be revoked before the property is delivered or the right is transferred. It is suggested that the gift contract should not be notarized, because once notarized, it is difficult to cancel it. From the perspective of the donee, if you are worried that the donor will cancel the gift before the transfer of the donated property rights, you should actively persuade the donor to notarize the gift contract.
Party A (signature): Tel: Party B (signature): Tel: Date of signing:
General Clause 5 of the Parents' and Children's House Donation Contract: Party A (the donor): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B (donor): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Party C (the donee): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Party D (donee): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party A and Party B are the parents of Party C and Party D, and Party C and Party D are husband and wife. Now, on the basis of voluntariness and equality and in accordance with the provisions of the Civil Code of People's Republic of China (PRC) and other laws and regulations, the four parties have voluntarily reached the following gift agreement:
First of all, the content of the gift
1. In order to support Party C and Party D, Party A and Party B voluntarily donate the first and third floors of newly-built houses on their respective homesteads to Party C and Party D through negotiation.
2. The donated house is located at, with the title certificate number of _ _ _ _ _ _ _ _, and the real estate area of _ _ _ _ _ _.
3. If the donated house is demolished in the future, and cash resettlement is selected, 2/3 of the total house demolition cost will go to Party C and Party D, and 1/3 will go to Party A and Party B. ..
2. Party C and Party D voluntarily accept gifts from both parties.
Three. Both parties of the donor clearly understand that the gift agreed in this gift agreement is a gift from Party A to Party C and Party D, and the donated house is jointly owned by Party C and Party D..
4. In order to ensure that Party A and Party B can live and work in peace and contentment, enjoy their old age and live a convenient and happy life without any influence, Party A and Party B can live and use the donated house for free until their life. During the period of enjoying the right of use and residence of the donated house, no disposal (including but not limited to renting, selling, mortgaging and giving away) shall be made to the house.
Five, in the case that both parties can take care of themselves, both parties are not required to bear the living expenses. However, with the passage of time, both sides should fulfill their due obligations in accordance with relevant national laws and social ethics.
6. Each party acknowledges that this agreement will take effect immediately from the date of signing, and the failure to go through notarization or other necessary procedures will not affect the effectiveness of this agreement.
7. All parties agree that the signing of this agreement is the expression of their true intention, and have consulted their lawyers to understand the relevant provisions of China laws, and have also made clear the legal consequences of signing this agreement; Each party also acknowledges that he is healthy, mentally sound and has full capacity for civil conduct when signing this Agreement; And unanimously confirmed that the above agreement is voluntary, fair and effective.
This agreement is made in quadruplicate, one for each party, with the same legal effect.
(There is no text below)
Party A (signature): _ _ _ _ _ _ _
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Party B (signature): _ _ _ _ _ _ _
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Party C (signature): _ _ _ _ _ _ _
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Party D (signature): _ _ _ _ _ _ _
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