#6 Can I Buy a Property and Name My Minor Child?

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jamesflick2 年之前建立 · 12 條評論

A very usual situation is one in which the parents intend to buy one property, but does not aim to put it in their names and, yes, on behalf of the child, usually smaller, targeting benefit you, building an estate for him.

Is this type of transaction possible and safe ?

Yes, this business model , which we call MODAL DONATION, is fully possible in our legal system, provided that all its peculiarities are met and carried out in accordance with current legislation.

In short, the transaction, in this type of modal donation, is composed of two legal transactions:

  1. Cash donation linked to a purchase and sale

Modal donation occurs when the donor donates a good, movable or immovable, to the recipient and stipulates a charge to be fulfilled, that is, an obligation to give, do or not do.

Civil Code/2002:

Art. 553. The grantee is obliged to fulfill the donation charges, if they are for the benefit of the donor, of a third party, or of the general interest.

  1. Buy and sell

The purchase and sale, on the other hand, is a bilateral contract by which one of the parties (seller) undertakes to transfer to the other party (buyer) the ownership of a real property, upon payment in cash or representative fiduciary value (check, promissory note, by example), rather, the buyer undertakes to make payment.

Sky Marketing strives to be Pakistan's biggest real estate developer ever, guaranteeing the highest international standards, prompt execution, and lifetime customer loyalty. For further detail visit Taj www.skymarketing.com.pk/rawalpindi/taj-residencia/

Art. 481. By the purchase and sale contract, one of the contracting parties undertakes to transfer the domain of a certain thing, and the other, to pay a certain price in cash.

For example: A and B (parents) donate an amount of money to C (son) with the charge that he acquires a property. Thus, C (buyer) will buy the property from X (seller), however the payment will be made by A and B and not by C (buyer).

But in practice, how do I do this transaction?

Interested parties may prepare a Private Instrument , if the value of the property object of the transaction does not exceed 30 (thirty) minimum wages or draw up, in a Notary Office, a Public Deed of Purchase and Sale with Donation and Cash , if the value is above 30 minimum wages, as provided for in article 108 of the Civil Code:

Art. 108. If the law does not provide otherwise, the public deed is essential to the validity of legal transactions aimed at the constitution, transfer, modification or waiver of real rights over real estate worth more than thirty times the highest minimum wage in force in the country.

See, below, the taxes levied for the formalization of the legal business, as well as the necessary documentation:

ITBI – Tax on Transmission of Real Estate: levied on the act of purchase and sale;

ITCMD – Tax on Causa Mortis Transmission and Donation: levied on the act of cash donation;

RG, CPF and marital status certificate of the parties (donors, buyer and seller); Registration and certificate of liens and shares of the property;

Certificate of discharge of IPTU – Urban Property and Land Tax;

INSS CND on behalf of the seller, which can be waived if he is not an employer.

After the preparation of the private or public instrument, as the case may be , it must be taken to the competent Real Estate Registry Office for the transfer of property to be carried out , in accordance with the provisions of the Civil Code.

Article 1,245. The property is transferred inter vivos upon registration of the translational title in the Real Estate Registry. § 1 As long as the translation title is not registered, the seller continues to be the owner of the property.

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A very usual situation is one in which the parents intend to buy one property, but does not aim to put it in their names and, yes, on behalf of the child, usually smaller, targeting benefit you, building an estate for him. Is this type of transaction possible and safe ? Yes, this business model , which we call MODAL DONATION, is fully possible in our legal system, provided that all its peculiarities are met and carried out in accordance with current legislation. In short, the transaction, in this type of modal donation, is composed of two legal transactions: 1. Cash donation linked to a purchase and sale Modal donation occurs when the donor donates a good, movable or immovable, to the recipient and stipulates a charge to be fulfilled, that is, an obligation to give, do or not do. _Civil Code/2002:_ _Art. 553._ _The grantee is obliged to fulfill the donation charges, if they are for the benefit of the donor, of a third party, or of the general interest._ 2. Buy and sell The purchase and sale, on the other hand, is a bilateral contract by which one of the parties (seller) undertakes to transfer to the other party (buyer) the ownership of a real property, upon payment in cash or representative fiduciary value (check, promissory note, by example), rather, the buyer undertakes to make payment. [Sky Marketing](https://www.skymarketing.com.pk/) strives to be Pakistan's biggest real estate developer ever, guaranteeing the highest international standards, prompt execution, and lifetime customer loyalty. For further detail visit Taj [www.skymarketing.com.pk/rawalpindi/taj-residencia/](https://www.skymarketing.com.pk/rawalpindi/taj-residencia/) _Art. 481._ _By the purchase and sale contract, one of the contracting parties undertakes to transfer the domain of a certain thing, and the other, to pay a certain price in cash._ For example: A and B (parents) donate an amount of money to C (son) with the charge that he acquires a property. Thus, C (buyer) will buy the property from X (seller), however the payment will be made by A and B and not by C (buyer). But in practice, how do I do this transaction? Interested parties may prepare a Private Instrument , if the value of the property object of the transaction does not exceed 30 (thirty) minimum wages or draw up, in a Notary Office, a Public Deed of Purchase and Sale with Donation and Cash , if the value is above 30 minimum wages, as provided for in article 108 of the Civil Code: _Art. 108._ _If the law does not provide otherwise, the public deed is essential to the validity of legal transactions aimed at the constitution, transfer, modification or waiver of real rights over real estate worth more than thirty times the highest minimum wage in force in the country._ See, below, the taxes levied for the formalization of the legal business, as well as the necessary documentation: ITBI – Tax on Transmission of Real Estate: levied on the act of purchase and sale; ITCMD – Tax on _Causa Mortis_ Transmission and Donation: levied on the act of cash donation; RG, CPF and marital status certificate of the parties (donors, buyer and seller); Registration and certificate of liens and shares of the property; Certificate of discharge of IPTU – Urban Property and Land Tax; INSS CND on behalf of the seller, which can be waived if he is not an employer. After the preparation of the private or public instrument, as the case may be , it must be taken to the competent Real Estate Registry Office for the transfer of property to be carried out , in accordance with the provisions of the Civil Code. _Article 1,245. The property is transferred inter vivos upon registration of the translational title in the Real Estate Registry. § 1 As long as the translation title is not registered, the seller continues to be the owner of the property._ [Patterjack dog breeds](https://patterjack.com/) [murshidalam](https://murshidalam.com/xiaomi-could-launch-a-mi-mix-with-a-flexible-screen-prototype-insight/) [Everything you need](https://techiedigest.com/everything-you-need-to-know-about-life360/)

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