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1. Our real estate certificate has been issued, can I check out by legal means now?
If there is a serious problem with the quality of the property, you can check out.
2. If the developer does not check out, the wall cannot be repaired, and every time it rains, water seeps, and some places on the wall begin to mold. How can I defend my rights???
Sue for damages.
3. In case I check out, the house price has been so great recently, and my house has been renovated. Can I get compensation?
If it cannot be refunded at the current price, it can only be refunded at the original price, and the decoration fee can be converted.
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There is no compensation for checking out, because once the check-out agreement is signed, the relationship between you is terminated, and all the quality and interests of the goods are not involved.
Suggestion: Don't check out first, report to the relevant departments, and ask for compensation. After compensation, submit a check-out statement to the real estate department, listing the above reasons. Then check out.
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You are not in Beijing First of all, the leakage of the roof and wall is a problem of the quality of the house, and the developer should bear the obligation to repair it, and it is unlikely that the person will check out. If you check out, there will be compensation, and you can only refund the room payment, decoration fees, and fixed asset costs, and the rest will not be accompanied. I don't know how your house is accepted??
Individual land for personal development? First time I heard about it.
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Legal analysis: The laws and regulations on real estate disputes mainly include: provisions on advance notice registration
If a party signs an agreement for the sale and purchase of a house or an agreement on other real estate rights, in order to ensure the realization of real rights in the future, it may apply to the registration authority for advance notice registration in accordance with the agreement. If, after the advance notice is registered, the immovable property is disposed of without the consent of the right holder of the advance notice registration, the real right shall not take effect. Provisions on disposition without authority:
If the person without the right of disposition transfers the immovable or movable property to the transferee, the owner has the right to recover it; Under certain circumstances, the transferee acquires the ownership of the immovable or movable property.
Legal basis: Civil Code of the People's Republic of China
Article 221:Where a party signs an agreement on the sale or purchase of a house or an agreement on other real estate rights, in order to ensure the realization of real rights in the future, it may apply to the registration authority for advance notice registration in accordance with the agreement. If, after the advance notice is registered, the immovable property is disposed of without the consent of the right holder of the advance notice registration, the real right shall not take effect.
After the advance notice is registered, if the creditor's right is extinguished or the application for registration is not made within 90 days from the date on which the immovable property can be registered, the advance notice registration shall become invalid.
Article 311:Where a person without the right of disposition transfers immovable or movable property to the transferee, the owner has the right to recover it; Except as otherwise provided by law, the transferee shall acquire the ownership of the immovable or movable property under the following circumstances:
1) The transferee is bona fide when it transfers the immovable or movable property;
b) transfer in a reasonable manner;
3) The transferred immovable or movable property shall be registered in accordance with the provisions of law, and the transferee shall be delivered to the transferee if it does not need to be registered.
Where the transferee acquires the ownership of immovable or movable property in accordance with the provisions of the preceding paragraph, the original owner has the right to claim damages from the person without the right of disposition.
Where the parties acquire other real rights in good faith, the provisions of the preceding two paragraphs shall apply by reference.
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According to what you said above, that house is naturally your grandfather's pre-marital property. You should divide your step-grandmother and your grandfather's children equally.
As for the issue of reinstatement of the title deed, you can apply to the real estate office, but you must have solid evidence, and if there is, it should be as you wish.
Now your step-grandmother wants to sell the house, and if you can't stop it, you can first apply for objection registration at the real estate bureau, so that your step-grandmother will not be able to sell the house within 15 days. Then you have to go to court within these fifteen days, otherwise you are no longer protected by the law.
If your step-grandmother has sold the house, you can still sue, you can also sue the real estate bureau, because it is their negligence that has caused your interests to be damaged, your grandfather's previous real estate certificate is evidence, if that real estate deed is gone, their real estate bureau file can also be used as evidence.
As for the statute of limitations, you don't have to worry, the statute of limitations for immovable property can be up to 20 years.
Finally, it is recommended that you hire a lawyer when you are in a lawsuit, because the litigation process and the collection of relevant evidence are very cumbersome, and it is generally more appropriate for professionals to handle it.
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You may file a lawsuit with the court where the real estate (house) is located to request that the property right of the real estate be divided and confirmed.
This is probably the most effective and straightforward solution.
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It is sufficient to file a lawsuit according to the original property right certificate indicating the co-owner.
However, if your step-grandmother is an elderly person, if she has difficulties in life, should your family consider the problem of her elderly care, I hope you can handle it properly.
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According to the provisions of the current Marriage Law, pre-marital property is personal property and is not transferred to the joint property of the husband and wife because of the existence of the marital relationship. The property belongs to your grandfather's personal property, and after your grandfather's death, your children and spouse have the right to inherit, and the property belongs to the heirs before the property is divided.
Since the title deed clearly states that there are five co-owners, no one person can handle the transfer of ownership of the property without the consent of the other co-owners.
At present, you can apply to the Housing Authority to revoke the title certificate after the transfer.
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The ownership of the house that your grandfather bought before marriage belongs to your grandfather, and after your grandfather's death, it will be inherited by the four children and your step-grandmother, and it belongs to the five of them. Now the names of the co-owners are on the title deed, and if your step-grandmother wants to sell the house, it must be agreed by all the co-owners.
It's different from place to place. Look at the location of the business.
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