How to transfer the ownership of a collective property to an individual?

Collective property cannot be traded if there is only one title certificate, but if there are multiple title certificates, it is fine.

According to Article 8 of the Land Management Law of the People's Republic of China, land in rural areas and suburban areas shall be owned by peasant collectives, except for those that are owned by the state as prescribed by law. Houses with collective property rights are built on collective land, and cannot apply for a housing land use certificate, are not private property, and cannot be listed and traded.

Legal analysis: The house with collective property rights is built on collective land, and the house land cannot be used to make the Min attack, which is not private property, and Brother Qiao Ming cannot be listed and traded.

Legal basis: Article 9 of the Land Management Law of the People's Republic of China The land in urban areas belongs to the State. Land in rural areas and on the outskirts of cities shall be owned by peasant collectives, except as provided by law for the State; Homesteads and self-retained locust lands and self-retained mountains belong to peasant collectives.

According to the provisions of the Interim Regulations on the Registration of Immovable Property and the Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property, a house with collective property rights is a house and its ancillary facilities mainly built using the right to use the homestead, and the applicant shall submit the following materials to apply for registration of the transfer of the right to use the homestead and the ownership of the house. 2. Proof of identity of the applicant; 3. Certificate of ownership of immovable property; 4. Proof of transfer of immovable property; 5. If it is necessary to pay taxes and fees in accordance with the law, the proof of tax payment shall be submitted; 6. Proof of belonging to the member of the rural collective economic organization where the house is located; 7. Proof of the rural collective economic organization's consent to the transfer. The main process is the applicant's application, the acceptance of the real estate registration center - the review of the real estate registration - the applicant's payment - the registration in the real estate registration book - the issuance of the certificate.

Legal basis: Article 40 of the Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property may apply for the registration of the right to use the homestead in accordance with the law. Those who use homestead land to build housing and ancillary facilities in accordance with the law may apply for the right to use homestead land and the registration of house ownership.

Article 41 Those who apply for the first registration of the right to use the homestead and the ownership of the house shall submit the following materials according to the different circumstances of the transfer: (1) the applicant's ID card and household registration booklet; (B) real estate ownership certificate or the right to approve the approval of the people's approval of the land and other ownership materials; (3) The relevant materials of the housing in accordance with the planning or construction; (4) Title survey forms, parcel maps, house plans, and parcel boundary point coordinates and other materials related to real estate boundaries and areas; (5) Other necessary materials. Article 42 Where an application for registration of the transfer of the right to use homestead land and the ownership of a house is caused by inheritance in accordance with the law, division of family property, or exchange of houses within a collective economic organization, the applicant shall submit the following materials according to different circumstances:

1) Certificate of ownership of immovable property or other materials of ownership; (2) Materials inherited in accordance with law; (3) Agreements or materials on the division of family and property: (4) Agreements on the exchange of houses within the collective economic organization; (5) Other necessary materials. Article 43 Those who apply for the registration of the differentiated ownership of buildings on collective land such as homesteads shall handle the registration with reference to the provisions on the right to use state-owned construction land and the differentiated ownership of buildings.

Article 86 Where the ownership of a house is transferred in accordance with law, and an application for registration of the transfer of ownership of the house is registered, the following materials shall be submitted: (1) an application for registration; (2) Proof of the applicant's identity; (3) Certificate of ownership of the house; (D) the homestead use right certificate or collectively owned construction land use right certificate; (5) Materials proving that the ownership of the house has been transferred; (6) Other necessary materials. Those who apply for registration of the transfer of ownership of villagers' houses shall also submit supporting materials proving that the rural collective economic organization has agreed to the transfer.

Where a rural collective economic organization applies for registration of the transfer of ownership of a house, it shall also submit supporting materials with the consent of the villagers' meeting or the authorization of the villagers' meeting and the consent of the villagers' representative meeting.

If you want to transfer the property to the personal name of the person who buys the stupid god return house, you must know whether the original owner has a real estate certificate, and the collective house real estate certificate can be transferred, but there are the following restrictions on the main blind attack when transferring:

1. The original owner's house right certificate must be transferred with the consent of the unit;

2. Small property rights can only be transferred within a certain range with the consent of the unit, and the land use rights belong to the collective and are restricted, and those with hunger and other land use rights belong to individuals are not subject to their restrictions;

3. The buyer must sell the house in the future through the consent of the unit;

4. You can only move your household registration into the village, live for a certain number of years, and exercise the obligations of the villagers in accordance with the law, for example, after contracting the responsibility field, etc., and obtain the approval of the village committee or village collective, recognize that you are the population of the village, and agree to issue you a certificate of use of the homestead land before you can go through the transfer procedures;

5. Households who change their collective real estate certificates to individual real estate certificates need to sign a sales agreement with the unit and a real estate certificate issued by the unit when purchasing a house, bring their ID card and a copy, and the real estate management office will go through the relevant procedures.

Legal basisArticle 209 of the Civil Code of the People's Republic of China.

The creation, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.

The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Collective ownership of a house cannot be transferred. The collective property right house has not been registered with the real estate bureau, and it belongs to the township property certificate obtained by the construction of the district ** through the approval of the district, and the collective property right house based on the collective property right certificate cannot be bought, sold, replaced, gifted, inherited, dissolved, transferred, etc.

Legal basisArticle 38 of the Law on the Administration of Urban Real Estate.

The following real estate is not transferable:

1) Where the land use right is obtained by way of transfer, it does not meet the conditions provided for in Article 39 of this Law;

2) Where judicial or administrative organs make rulings or decide to seal up or otherwise restrict real estate rights in accordance with law;

3) Recover the right to use the land in accordance with the law;

4) Co-ownership of real estate, without the written consent of the other co-owners;

5) the ownership is disputed;

6) Failure to register and receive a certificate of ownership in accordance with law;

7) Other circumstances in which laws and administrative regulations prohibit the transfer of such cases.

Legal analysis: The circumstances under which the transfer of ownership can be handled include: 1. Inheritance.

2. Separation of family and property. 3. Swap houses within the collective. For the above reasons, if the transfer of collective property rights is handled, the following information should be submitted to the township ** housing management department:

1. Housing ownership certificate, homestead certificate, construction planning permit. 2. Materials inherited in accordance with the law, or an agreement on the division of family and property, or an agreement on the exchange of houses within the collective.

Legal basis: Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property

Article 42 Where the application for registration of the transfer of homestead use rights and house ownership is caused by inheritance in accordance with law, division of property, exchange of houses within collective economic organizations, etc., the applicant shall, according to different circumstances, submit the following materials: (1) Certificate of ownership of immovable property or other ownership materials; (2) Materials inherited in accordance with law; (3) Agreements or materials on the division of family and property: (4) Agreements on the exchange of houses within the collective economic organization; (5) Other necessary materials.

Article 46 Where an applicant applies for the right to use collective construction land and the registration, transfer or cancellation of the ownership of buildings and structures, the applicant shall, according to different circumstances, submit the following materials: (1) Certificate of ownership of immovable property; (2) Materials for the change, transfer or extinction of the right to use land for collective construction and the ownership of buildings and structures; (3) Other necessary materials. If the right to use collective construction land and the ownership of buildings or structures are transferred due to enterprise merger, bankruptcy or other reasons, the applicant shall apply for registration of the transfer of immovable property with relevant agreements and approval documents of relevant departments.

Article 62 of the Land Management Law of the People's Republic of China Rural villagers can only own one homestead per household, and the area of their homestead land shall not exceed the standards set by provinces, autonomous regions and municipalities directly under the Central Government. In areas where per capita land is small and it is not possible to guarantee that a household has a homestead land, the people at the county level may, on the basis of fully respecting the wishes of rural villagers, take measures to ensure that rural villagers have a place to live in accordance with the standards set by provinces, autonomous regions, and municipalities directly under the Central Government. Rural villagers building houses shall conform to the overall land use plan and village plan of the township (town), shall not occupy permanent basic farmland, and shall use the original homestead land and vacant land in the village as much as possible.

The preparation of township (town) land use plans and village plans shall make overall plans and reasonable arrangements for homestead land to improve the living environment and conditions of rural villagers. The residential land of rural villagers shall be reviewed and approved by the people of the township (town); Among them, where the occupation of agricultural land is involved, the examination and approval formalities shall be handled in accordance with the provisions of Article 44 of this Law. Rural villagers who sell, lease, or donate their dwellings and then apply for homestead land shall not be approved.

The State allows rural villagers who have settled in urban areas to voluntarily withdraw from their homesteads with compensation in accordance with the law, and encourages rural collective economic organizations and their members to revitalize and utilize idle homesteads and idle residences. The competent departments of agriculture and rural affairs are responsible for the work related to the reform and management of rural homesteads nationwide.