How to transfer the ownership of a small property right house, and how to transfer the ownership of

There are two reasons why small property rights cannot be transferred: 1Small-scale property rights are built on rural collective land, and their transactions are not protected and recognized by national laws.

2.Small-property houses do not have a real estate certificate and cannot be filed with the housing authority. Therefore, small property rights can only be transferred within the village collective.

There is no land use certificate and pre-sale permit issued by the state for small property rights, and the purchase contract will not be filed with the Land and Housing Administration. Its property right certificate is not issued by the state housing management department, but by the township ** or village committee, so it is impossible to register small property rights. Small-scale property rights cannot be transferred or transferred to a third party who is not a member of the class.

The object of transfer or sale is restricted, and can only be transferred or replaced within the group members.

Formal commercial housing is complete with "five certificates", namely "State-owned Land Use Certificate", "Construction Land Planning Permit", "Construction Engineering Planning Permit", "Construction Engineering Construction Permit", and "Commercial Housing Pre-sale License", all of which are indispensable.

Legal basis] Article 38 of the Law of the People's Republic of China on the Administration of Urban Real Estate, the following real estate shall not be transferred:

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) recovering the right to use land in accordance with 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 where laws or administrative regulations prohibit transfer.

Legal analysis: small property transfer process: 1. The buyer and seller first need to sign the house sale contract on the basis of communication and understanding, according to the agreed transaction**, delivery date, transfer time, etc., and sign the names and contact information of both parties on the contract, and stamp their fingerprints or private seals.

It is important to note that the details of the house must be clearly stated in the contract. 2. Apply for a transaction. Buyers and sellers go to the real estate transaction center to conduct transactions and receive the online signature number at the department's consultation desk; 3. Online signing.

Pick up and fill out an information form for buying and selling at the service window. It should be filled in according to the content of the contract, especially the transaction price in the contract, because the basis for the payment of transfer deed tax is the transaction price; 4. After the online signing, you must get the corresponding information at the front desk window to prepare for the payment of deed tax; 5. Go to the reception hall of the financial department, pay the deed tax, stamp and other related transfer fees, and obtain the tax payment certificate to prepare for the next step of registration and issuance; 6. Pay the land transfer fee, the place where the land transfer fee is paid may vary from place to place, but most of them are paid directly to the Land Bureau; 7. With the relevant information, you can go to the real estate registration center to go through the real estate transfer procedures, and pay attention to the seller's husband and wife must be present and sign on the spot for confirmation. 9. Register and transfer the ownership and obtain the real estate property certificate.

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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Small property rights can go to the local real estate registration agency for transfer, property rights are a special type of real estate, the ownership of which is determined by the local ** competent authorities and issued a property right certificate, so the transfer must follow the relevant procedures and regulations. <>

How to transfer the ownership of a small property right house.

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Small property rights can go to the local real estate registration agency for the transfer Oh, property rights are a special type of real estate, the ownership of which is determined by the local ** competent authority and issued a property right certificate with the first book, so the transfer must follow the relevant procedures and regulations for quiet sale. <>

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It is necessary to verify the property ownership information of the house through the housing authority or relevant departments to confirm whether the house is a small property right house. The parties then need to sign a transfer agreement and notarize it at the notary office where the house is located. At the same time, it is necessary to handle the handover of the housing and land certificate, the settlement of the housing loan, and the confirmation of the transaction payment.

The two parties should bring their ID cards, house ownership certificates, transfer agreements, land certificates, bank settlement certificates and other documents to the housing management department to go through the transfer procedures of Sun Li's house in Lizhen. After checking and confirming that the posterior limb chain is correct, go through the transfer procedures and pay the relevant taxes and fees. 3.

Finally, post-follow-up: After the house transfer is successful, post-follow-up is also required. Handle the formalities of housing transaction tax, house maintenance**, property management, etc., confirm the transfer of property rights, delivery of the house, etc.

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At present, the real estate management system is basically established, and there are corresponding regulations and procedures to be followed for different types of house ownership changes, and small property rights are no exception. According to the Property Law and the Regulations on the Temporary Delay in the Registration of Immovable Property, the ownership of the property belongs to the owner, and the ownership relationship and use right of the property cannot be arbitrarily changed unless there is a statutory cause or with the consent of the owner. [Flowers carrying] <>

Small property rights can only be signed in private transactions, and cannot be transferred in the market; The land is collective, and a certificate of housing for the construction of collective land is issued.

Harmony in the homeland. Don't laugh at Na Haihan.

In China, according to the relevant provisions of the current laws and regulations, small property rights can be transferred, but the transfer is strictly restricted, small property rights belong to the village property, if you want to transfer the property can only be transferred to the same village collective individual, that is to say, the transfer of small property rights or the object of ** is strictly restricted, can be transferred but the object of transfer is only limited to members of the collective. Article 209 of the Civil Code [Effect of Registration of Immovable Property Rights] The establishment, 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.

Interim Regulations on the Registration of Immovable Property

Article 16. The person informing the applicant shall submit the following materials and be responsible for the authenticity of the application materials:

1) Application for registration;

2) Identification materials and power of attorney of the applicant and ** person;

4) Materials such as the site, spatial boundaries, and area of immovable property;

5) Explanatory materials on the interests of others;

6) Other materials provided for by laws, administrative regulations, and detailed rules for the implementation of these Regulations.

Law of the People's Republic of China on the Management of Urban Real Estate

Article 60. The State implements a system of registration and issuance of certificates for land use rights and house ownership.