Is the oral gift of real estate valid?

The oral gift of real estate is valid.

In principle, oral housing donation is effective. This contract has legal effect not only in written form but also in oral form. The donor said that he would give the house to the donee, and the donee also accepted the gift. Even if the two parties have not signed a written contract, the oral gift is valid.

In any of the following circumstances, the donor may revoke the gift:

1, which seriously infringes on the legitimate rights and interests of the donor or his close relatives;

2. The donor has the obligation to support but fails to perform it;

3. Failure to perform the obligations stipulated in the gift contract.

Materials required for real estate transfer:

1, application form for real estate transfer registration;

2. The identity certificate of the applicant;

Materials required by the seller: original ID card and copy of ID card. If you are married, you need the original and photocopy of the marriage certificate and the original real estate license; If one of the husband and wife can't be present, they should first write a power of attorney and then go to the judicial bureau for notarization, and a copy of the household registration book.

Materials required by buyers: original and photocopy of ID card, household registration book and photocopy. If you are single, you need to go to the Civil Affairs Bureau to issue a single certificate.

3. Certificate of real estate rights;

4. Administrative decisions of relevant administrative organs, real estate sales contracts, (notarized real estate sales contracts shall be submitted as required) or notarized real estate gifts, notarized real estate inheritance certificates, real estate exchange agreements or real estate division agreements;

5. If the mortgage has been established, a written document agreed by the mortgagee shall be submitted;

6, the people's court shall submit the effective judgment, ruling, mediation and notice of assistance in execution;

7, the real estate transfer of unincorporated enterprises and organizations, should be submitted to the property rights department agreed to transfer the approval documents;

8, administrative allocation, land price relief, should be submitted to the competent department of approval documents and proof of payment of land price;

9. If real estate is acquired by means of bidding, auction or listing, it shall submit the confirmation of winning the bid, the confirmation of auction, the contract for transferring the land use right and the proof of paying the land price;

10, which belongs to the government welfare commercial housing and shall be submitted to the approval of the relevant competent authorities;

1 1, and submit the demolition compensation agreement;

12, written opinion that the property is agreed to be transferred;

13. If the enterprise is acquired or merged, the approval documents of relevant departments shall be submitted;

14. For real estate transfer between state-owned enterprises or other organizations, the approval documents of relevant departments shall be submitted;

15, other documents stipulated by laws, regulations, rules and normative documents.

To sum up, oral house donation is effective in principle. This contract has legal effect not only in written form but also in oral form. The donor said that he would give the house to the donee, and the donee also accepted the gift. Even if the two parties have not signed a written contract, the oral gift is valid.

Article 657 of the Civil Code of People's Republic of China (PRC)

A gift contract is a contract in which the donor gives his property to the donee free of charge and the donee expresses his acceptance of the gift.

Article 658

The donor may revoke the gift before the right to donate the property is transferred.