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c. As the buyer of the house, he may apply for the registration of the alteration of the land certificate in accordance with the law. If the competent authority refuses to change the registration, it may consider first filing a lawsuit to request confirmation that the land use right holder is C, and if the effective judgment of the court finally confirms that C is the land use right holder, and then realize the registration of the change of the land certificate through the enforcement procedure. Article 19 of the Property Law of the People's Republic of China Where the right holder or interested party believes that the items recorded in the immovable property register are wrong, they may apply for correction of the registration.
Where the right holder recorded in the immovable property register agrees in writing to make the correction or there is evidence to prove that the registration is indeed in error, the registration authority shall make the correction. If the right holder recorded in the immovable property register does not agree to the correction, the interested party may apply for registration of objection. If the registration authority registers the objection, the applicant does not file a lawsuit within 15 days from the date of registration of the objection, and the objection registration becomes invalid.
If the opposition is improperly registered and causes damage to the right holder, the right holder may claim damages from the applicant.
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Legal analysis: the state does not have a hard and fast rule that the real estate certificate must be replaced, and these two documents are legally valid, so I think there is not much difference between not replacement, if you want to replace the real estate certificate, you also need to prepare the land certificate of the house, because the current real estate certificate and land certificate have been combined into one, called the real estate certificate, so the real estate certificate will be more comprehensive. However, the role of these two documents is the same after all, and the difference is only that the name is different, so I don't think it matters if you don't replace it.
Legal basis: Article 209 of the Civil Code of the People's Republic of China The creation, alteration, transfer and extinction of real estate 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.
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Legal Analysis: No need to laugh before you laugh. The real estate certificate and the real estate certificate are valid at the same time and have the same legal effect.
In accordance with the principle of "unchanged and not replaced", the real estate registration and travel clearance agency will not replace the book certificate if the right does not change, and gradually replace it with a new real estate registration certificate when it handles the registration of change and transfer registration in accordance with the law.
Legal basis: "People's Republic of China State-owned land use certificate" Article 2 State-owned land use rights within the administrative area of this province (hereinafter referred to as land use rights), in accordance with these measures to implement the transfer, transfer, lease and mortgage system. However, the exception is to grind underground resources, buried materials and municipal utilities.
Where the use rights of state-owned land in the agricultural, forestry and water conservancy systems are transferred for non-agricultural construction projects, the relevant laws and regulations must be observed.
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No, you don't. The real estate certificate and the real estate certificate are valid at the same time and have the same legal effect. In accordance with the principle of "unchanged and not replaced", the immovable property registration agency shall not replace the book certificate if the rights do not change, and shall gradually replace it with a new real estate registration certificate when handling the registration of change or transfer of registration in accordance with the law.
Legal basis: State-owned land use certificate of the People's Republic of China Article 2 State-owned land use rights within the administrative area of this province (hereinafter referred to as land use rights), in accordance with these measures to implement the transfer, transfer, lease, mortgage system. However, this excludes underground resources, buried objects, and municipal utilities.
Where the right to use state-owned land in the agricultural, forestry and water conservancy systems is transferred for non-agricultural construction projects, the relevant laws and regulations must be observed.
According to the provisions of the Land Management Law of the People's Republic of China and the Urban Real Estate Management Law of the People's Republic of China, state-owned allocated land refers to the land used by state organs, military land, urban infrastructure land, public welfare land, energy, transportation, water conservancy and other infrastructure land supported by the state, and other land used by laws and administrative regulations. >>>More
What should I do if the collective land use certificate expires?
The main thing is that you and your brother have to do a good job in this level, so that there will be no problems in the future, you negotiate with your brother, and the following things will be easy to do. >>>More
The house cannot be transferred without a title deed.
Assignment by Agreement**. The appraisal of the land ** of the parcel to be transferred by agreement must be carried out in accordance with the Regulations for the Valuation of Urban Land. The minimum price of the agreed transfer shall not be less than the sum of the land use fee, land acquisition (demolition) compensation fee and the relevant taxes and fees that shall be paid in accordance with the provisions of the state; In areas with benchmark land prices, the minimum price for the agreed transfer shall not be less than 70% of the benchmark land price of the grade where the land is transferred. >>>More