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There is also a transfer of ownership.
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After the transfer of ownership, the old title deed will be taken back by the Housing Authority. Real estate transfer refers to the acquisition of real estate through transfer, sale, gift, inheritance, etc., and the procedures for changing the property rights of the house are handled at the housing ownership registration center. That is, the whole process of property right transfer from Party A to Party B.
There are several different situations of real estate transfer, such as inherited real estate transfer, gift real estate transfer, second-hand housing transfer, etc.
If the land use right is obtained by way of allocation, when transferring the real estate, it shall be reported to the people with the right of approval for examination and approval in accordance with the provisions of the first law. If the people who have the right to approve approve the transfer are approved, the transferee shall go through the formalities for the transfer of land use rights and pay the land use right transfer fee in accordance with the relevant provisions of the state. If the land use right is obtained by way of allocation, when the transfer of real estate is submitted for approval, the people with the right to approve decide that they can not go through the formalities for the transfer of land use right in accordance with the provisions of the transfer, and the transferor shall, in accordance with the provisions of the transfer, hand over the land income from the transfer of real estate to the state or make other dispositions.
For the transfer of real estate, a written transfer contract shall be signed, and the contract shall specify the method of obtaining the land use right. When real estate is transferred, the rights and obligations specified in the land use right transfer contract are transferred accordingly. Where the land use right is obtained by way of transfer, after the transfer of real estate, the service life of the land use right shall be the remaining service life after the original land use right transfer contract minus the service life of the original land user.
1. The real estate transfer process is as follows:
1) The terms of the contract and the terms of breach of contract must be clearly written when the real estate certificate is transferred, and the co-owners of the real estate certificate should be present when the contract is signed.
2) After the application materials are ready, you must go to the real estate bureau and fill in some ** and a stock contract, and the amount on the stock contract must be the same as the amount on the signed contract.
3) Pay taxes and fees.
4) After the tax is paid, the real estate certificate can be obtained, and the buyer and seller will hand over and the transfer will be completed. ”
2. What documents are required for the transfer of real estate certificates?
1) Application form for registration of real estate transfer;
2) Proof of identity of the applicant;
3) Certificate of Real Estate Rights;
4) The administrative decision of the relevant administrative organ, the real estate sales contract, (if notarized according to the regulations, the notarized real estate sales contract shall be submitted) or the notarized real estate gift.
Legal basis
Law of the People's Republic of China on the Management of Urban Real Estate
Article 39 Where land use rights are obtained by way of transfer, the following conditions shall be met when transferring real estate:
A) in accordance with the transfer contract has paid all the land use right transfer fees, and obtained the land use right certificate;
2) In accordance with the provisions of the transfer contract for investment and development, if it is a housing construction project, more than 25% of the total development investment shall be completed, and if it belongs to a piece of development land, it shall form industrial land or other construction land conditions.
If the house has been completed at the time of the transfer of real estate, the house ownership certificate shall also be held.
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Legal analysis: after 20 working days, collect the new title deed; With the new real estate certificate, handle the property handover procedures, water, electricity and gas transfer; Finally, at the time of handover, the buyer will pay the balance to the seller.
Legal basis: Article 210 of the Civil Code of the People's Republic of China The registration of immovable property shall be handled by the registration authority where the immovable property is located. The State implements a unified registration system for immovable property.
The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.
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After the transfer of ownership, the old title deed will be taken back by the Housing Authority.
Due to the change of property owner, the information and housing title certificate and other relevant materials that need to be issued at the time of transfer will be invalid after the transfer, so the certificate of origin will be withdrawn.
Real estate transfer is the whole process of property transfer from Party A to Party B, and there are several different situations in real estate transfer, including inherited real estate transfer, gift real estate transfer, second-hand house transfer, etc.
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Donated properties that have been dispersed by households are generally not recoverable. The donated property cannot be recovered if the transfer is registered and notarized, and if not, it can be recovered. In addition, if the donee seriously damages the rights of the person who donated the sail, the gift can also be revoked.
Legal basis
Article 658 of the Civil Code.
The donor may revoke the gift before the transfer of rights to the donated property.
The provisions of the preceding paragraph do not apply to gift contracts that have been publicly approved or that must not be revoked in accordance with law and have the nature of public welfare or moral obligations such as disaster relief, poverty alleviation, or assistance to the disabled.
Article 659.
Where it is necessary to go through registration or other formalities in accordance with law for donated property, the relevant formalities shall be completed.
Article 660.
If the donor does not deliver the donated property, the donee may request delivery of a notarized gift contract or a gift contract that must not be revoked in accordance with law and has the nature of public welfare or moral obligations such as disaster relief, poverty alleviation, or assistance to the disabled.
Where the donated property that shall be delivered in accordance with the provisions of the preceding paragraph is damaged or lost due to the donor's intentional or gross negligence, the donor shall be liable for compensation.
There are two legal avenues:
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According to the provisions of the "Land Law", the right to approve the homestead in the countryside lies with the people at the county level, so only after the approval of the county ** and the issuance of the homestead use right certificate, can the house property right certificate be obtained in accordance with the law. Although the residential houses in the rural areas use the rural collective land, the houses built on the homestead land approved only by the collective economic organization (village committee) are illegally occupied, and the house ownership certificate cannot be obtained, and the house built on the self-reserved land or contracted land cannot receive the house ownership certificate.