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For small property owners.
There is no title deed.
At the same time, the brigade does not have the right to change the owner of a house without a real estate certificate. Therefore, the act of changing the owner of the house has no legal effect. In addition, for illegally built houses, the relevant departments have the right to order the demolition of newly built buildings and other facilities on illegally occupied land within a time limit, and the construction unit.
or the individual must immediately stop the construction and dismantle it by himself; If the construction continues, the organ that made the penalty decision has the right to stop it. The construction unit or individual shall be ordered to demolish within a time limit.
If they are not satisfied with the decision, they may file a lawsuit with the people's court within 15 days from the date of receiving the decision to order the demolition within a time limit; Where they do not prosecute and do not dismantle it on their own at the end of the time limit, the organ that made the penalty decision shall apply to the people's court for compulsory enforcement in accordance with law, and the costs shall be borne by the offender. Relevant legal provisions: Land Management Law of the People's Republic of China
Article 83: Where a new building or other facility built on illegally occupied land is ordered to be demolished within a specified period of time in accordance with the provisions of this Law, the construction unit or individual must immediately stop the construction and demolish it on its own; If the construction continues, the organ that made the penalty decision has the right to stop it. If the construction unit or individual is dissatisfied with the administrative penalty decision ordering demolition within a set period of time, it may file a lawsuit with the people's court within 15 days of receiving the decision to order demolition within a set period of time; Where they do not prosecute and do not dismantle it on their own at the end of the time limit, the organ that made the penalty decision shall apply to the people's court for compulsory enforcement in accordance with law, and the costs shall be borne by the offender.
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Although it is a small property right house, you can't go to the village to change the name directly, because changing the name is a very serious matter. You have to go to the housing management department that is responsible for changing the name.
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It seems that you can't change the name inside, especially the geographically varied homestead is not suitable for buying and selling.
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It is not possible to sell a house with a small property right house sales contract and go directly to the village to change its name, and the village does not have this right. And to the township, the land authority handles it.
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The village can only testify to you that the house is now yours. The state does not recognize small property rights, and it is estimated that you will not get money for demolition and relocation in the future.
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Small property transactions are risky. Some village committees have small property rights that can only be purchased and used by villagers. Other people can't transfer ownership of the purchase.
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First of all, the small property right certificate cannot be transferred, and the small property right certificate is not recognized by the state now, so generally speaking, there is only the right of residence and no right of transfer.
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The contract is only one aspect, and both parties have to go together.
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Is it okay to buy a house and go directly to the village to change its name with the sales contract of a small property right house? It should be possible.
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Is it okay for the buyer to go directly to the group to change the name with the sales contract of the small property right house? It is not okay for the buyer to go directly to the group to change the name with the sales contract of the small property right house. No, the state does not recognize.
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This contract can be changed to your relevant name, and it should be possible to handle this more complex contractual relationship.
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The buyer can go directly to the village to change the name with the sales contract of the house with small property rights, because it is a small property right house, and it can be changed in the village, so it doesn't matter.
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Hello dear, if you have a small property right certificate, you need to go to the village committee to go through the change procedures, and you may be charged a little name change fee according to different circumstances. If you only have an agreement or receipt in hand, you can also go to the community management unit to change your name. If you can't handle the change of fame, it is recommended not to buy it.
Legal basis: "Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property" Article 42 If the right to use the homestead and the right to touch the beams of the house are transferred due to inheritance in accordance with the law, division of property, exchange of houses within collective economic organizations, etc., the applicant shall submit the following materials according to different circumstances: (1) The certificate of ownership of immovable property or other ownership materials; (2) Materials inherited in accordance with law; (3) Agreements or materials for the division of property and property; (4) an agreement on the exchange of houses within a collective economic organization; (5) Other necessary materials.
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A change of name in a small property contract is a substantive change to the contract and is valid if it is negotiated and agreed.
Article 143 of the Civil Code stipulates that civil juristic acts that meet the following conditions are valid:
1) The perpetrator has the corresponding capacity for civil conduct;
2) The meaning is genuine;
Sanyou guess) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.
Article 543 stipulates that the parties may modify the contract by consensus.
Article 544 stipulates that if the parties are not clear about the content of the contract to change the allocation of the contract, it is presumed that it has not been changed.
Article 143 of the Civil Code.
Civil juristic acts that meet the following conditions are valid:
1) The perpetrator has the corresponding capacity for civil conduct;
2) The meaning is genuine;
3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
Article 543 is well informed.
The parties may change the contract by consensus.
Article 544.
Where the parties are not clear about the content of the contract modification, it is presumed that it has not been changed.
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Hello 1, the so-called "small property rights" refers to the construction of houses on the collective land of farmers, without paying land transfer fees and other fees, the property right certificate is not issued by the state housing management department, but issued by the township ** or village **, so it is called "township property rights", also called "small property rights". 2. The so-called small property rights issued by the township ** actually have no real property rights. This kind of house does not have a land use certificate and a pre-destruction infiltration license issued by the state, and the land and housing management bureau will not file the purchase contract.
The so-called property right certificate is not a real legal and valid property right certificate. 3. If the residents of the administrative village to which the collective land of the small property right house belongs can be transferred to each other, if it is a resident of another village, it is not possible to buy such a small property right house.
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Small property rights are not protected by law, and whether or not to change the name will not affect the validity of the contract.
Legal basis] Article 7 of the Contract Law: When entering into and performing a contract, the parties shall abide by laws and administrative regulations, respect social morality, and shall not disturb the social and economic order or harm the public interest.
Article 8: A contract established in accordance with the law shall be legally binding on the parties. The parties shall perform their obligations in accordance with the agreement and shall not modify or terminate the contract without authorization. The contract established in accordance with the law shall be protected by the law.
Article 76: After the contract comes into effect, the parties shall not fail to perform their contractual obligations due to a change in their names or titles, or a change in their legal representatives, responsible persons or undertakers.
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The change of name in the contract of small property is a substantive change of the contract, and if it is negotiated and agreed, the act is valid.
Article 143 of the Civil Code stipulates that civil juristic acts that meet the following conditions are valid:
1) The perpetrator has the corresponding capacity for civil conduct;
2) The meaning is genuine;
3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
Article 543 stipulates that the parties may modify the contract by consensus.
Article 544 stipulates that if the parties are not clear about the content of the contract modification, it is presumed that the contract has not been changed.
Article 215 of the Civil Code of the People's Republic of China The conclusion of a contract between the parties concerning the establishment, modification, transfer and extinction of real estate rights shall take effect when the contract is established, unless otherwise provided by law or otherwise agreed by the parties; If the property right is not registered, the validity of the contract shall not be affected.
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The change of name in the contract of the small property does not affect the validity of the contract. The sale and purchase of houses with small property rights in rural areas that occur between members of rural collective economic organizations within the scope of the township shall be found to be valid; For the housing ** to people outside the township, if the approval of the relevant organizations and departments is obtained, it can be found to be valid; For the house ** to people outside the township without the approval of the relevant organizations and departments, it should be invalidated.
Article 60 of the Law on the Administration of Urban Real Estate.
The State implements a system of registration and issuance of certificates for land use rights and house ownership.
Article 62 of the Land Administration Law.
Rural villagers can only own one homestead per household, and the area of their homestead must not exceed the standards set by provinces, autonomous regions, and municipalities directly under the Central Government.
The residential land of rural villagers shall be reviewed and approved by the township people; 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 or lease their homestead land and then apply for homestead land shall not be approved.
The competent departments of agriculture and rural affairs are responsible for the reform and management of rural homesteads nationwide.
Article 215 of the Civil Code.
Unless otherwise provided by law or otherwise agreed by the parties, a contract between the parties relating to the creation, modification, transfer and extinction of immovable property rights shall take effect upon the conclusion of the contract; If the property right is not registered, the validity of the contract shall not be affected.
Generally speaking, "small property right house" is a house built on collective land, and according to the current policy, ** is generally not supported, and the property right certificate that can issue this kind of house can only be issued at the township level and village level, so it is "township property right house", also called "small property right house". The so-called small property rights issued by the township ** actually have no real property rights. This kind of house does not have a land use certificate and pre-sale permit issued by the state, and the land and housing management bureau will not file the purchase contract. >>>More
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