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The green book for the red book has long been changed.
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Legal Analysis: Yes. Title Deed Renewal:
Procedures: 1. Application. 2. Acceptance.
3. Review. 4. Payment. 5. Renewal of identity card.
Application materials: 1. Application form for housing ownership inspection (replacement). 2. Housing ownership certificate (if mortgaged, other housing warrants need to be submitted at the same time).
3. Drawings of the house ownership certificate (provided by a qualified real estate surveying and mapping agency). 4. Proof of marital status. 5. The identity documents of the property owner and his or her spouse (check the original and receive a copy).
6. Other relevant supporting documents deemed necessary by the registration authority. Processing time: 7 days Charging standard:
Cost of production: 30 yuan.
Legal basis: Article 502 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China: Where a people's court needs to go through formalities for the transfer of property rights certificates and licenses such as real estate certificates, land certificates, forest right certificates, patent certificates, trademark certificates, and vehicle and vessel licenses in the course of enforcement, it may be handled in accordance with article 251 of the Civil Procedure Law.
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It is not necessary to replace the old title deed. The real estate certificate is originally a kind of proof of property rights, just like our ID card, to prove your identity, so you don't need to change the certificate. If the real estate certificate is old, as long as the right holder does not re-register, the old real estate certificate in his hand still has legal effect.
This kind of old title deed is recognized and recognized, both in law and in life and in the real estate center. When signing the purchase contract, you should clearly know the terms of delivery of the area, the loan issues, etc.
Measures of the People's Republic of China for the Administration of Urban Housing
Article 9. Housing ownership registration is divided into:
a) General Registration;
ii) Initial registration;
3) Registration of transfers;
4) Alteration of registration;
5) Registration of other rights;
6) Cancellation of registration. Article 10.
The registration of housing ownership is carried out according to the following procedures:
1) Accept applications for registration;
2) Ownership review;
c) Announcements; 4) Approve the registration and issue the certificate of ownership of the house.
Subparagraph (3) of this Article applies to registration where the registration authority deems it necessary to make a public announcement.
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Legal Analysis:1The process of replacing the old real estate certificate with a new real estate certificate: 1. Application; 2. Inquire and accept; 3. Preliminary examination; 4. Examination and approval; 5. Certificate; 6. Charges; 7. Recorded in the register; 8. Issuance of certificates.
Legal basis: Interim Regulations on the Registration of Immovable Property
Article 20 The immovable property registration authority shall complete the formalities for the registration of immovable property within 30 working days from the date of acceptance of the application for registration, except as otherwise provided by law.
Article 21 The registration of registered items shall be completed when they are recorded in the immovable property register.
When the immovable property registration authority completes the registration, it shall issue the immovable property ownership certificate or registration certificate to the applicant in accordance with the law.
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Legal analysis: Yes, the handling procedures: 1, application 2, acceptance 3, review 4, payment book 5, replacement of certificates.
Legal basis: Civil Code of the People's Republic of China
Article 211: Parties applying for registration shall provide proof of ownership and necessary materials such as the boundary address and area of the immovable property based on different registration items.
Article 217 The certificate of ownership of the property rights of the Buzhou banquet is the proof that the right holder enjoys the right to the immovable property. The matters recorded in the certificate of ownership of immovable property shall be consistent with the immovable property register; In the event of inconsistencies in the records, the immovable property register shall prevail unless there is evidence to prove that there is an error in the immovable property register.
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A certificate that the buyer of the real estate certificate obtains the legal ownership of the house through the transaction and can exercise the right to occupy, use, benefit and dispose of the purchased house in accordance with the law. That is, the "Housing Ownership Certificate" is a legal certificate for the state to protect the ownership of the house in accordance with the law. Homeowner credentials to manage and use their own home.
In a general sense, the real estate certificate is the abbreviation of the house ownership certificate, which is a written certificate issued by the real estate registration authority to prove the ownership of the house. According to China's current housing ownership registration system, housing registration is a statutory publicity method for the ownership of urban housing rights.
The title deed has the following notable features:
1. The real estate certificate can only be issued by the real estate authority.
2. The real estate certificate is a written proof of the ownership of a specific house, and can record the common ownership of the specific house and whether a security interest is created. Douchun is based on the principle of one thing, one right, and the real estate certificate is based on the principle of one house and one real estate certificate, that is, a house with the function of independent building structure and use of the group elimination (including the house that distinguishes all the houses) has only one ownership, and only one ownership registration can be registered in the real estate registration, and only one real estate certificate can be issued accordingly.
3. The real estate certificate can only be issued to the owner of a specific house, if the house is co-owned, in addition to the house ownership certificate, the co-ownership certificate can also be issued to the co-owner.
4. The real estate certificate is the ownership certificate issued by the registration authority to the specific right holder after the registration of the ownership of the specific house, and the content of the real estate certificate should be consistent with the content of the registration book.
Housing is an important real estate, and the transaction activities related to it are extremely common, so the real estate certificate is widely used in transaction activities. However, in practice, there are still many contradictions between the understanding of the real estate certificate and its nature, which can be summarized into the following two categories:
1. Reverse the relationship between the real estate certificate and the real estate register, thinking that the real estate certificate is the only legal document to prove the ownership of the house, and the register is only the file of the real estate certificate.
2. Confuse the nature of the certificate with **, thinking that the real estate certificate has the nature of ** or the role of resistance, which can represent the ownership of the house recorded on it.
Civil Code of the People's Republic of China
Article 217 The certificate of ownership of immovable property is proof that the right holder enjoys the right to the immovable property. The matters recorded in the certificate of ownership of immovable property shall be consistent with the immovable property register; In the event of inconsistencies in the records, the immovable property register shall prevail unless there is evidence to prove that there is an error in the immovable property register.