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Yes, the biggest sign of the transfer of ownership of a house is to make a record registration. Therefore, it belongs to the owner after the case is prepared.
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1. The filing of the purchase contract can effectively restrain the developer. It can not only prompt developers to speed up the construction of houses and handle property rights certificates according to regulations, but also make buyers more assured, and well avoid many hidden dangers brought by one house and two owners for consumers.
At present, most of the commercial houses sold in the property market are for a period of time, and some houses have not yet broken ground, and they have begun to make internal appointments for sale. Although the buyer has signed a purchase contract with the developer, it is difficult to guarantee whether the contract can be successfully executed. Some of them cannot apply for the property right certificate in time because of incomplete development procedures, and some are secretly mortgaged by the developer for the second time, one house and two owners, and the property rights are divided by others.
2. Whether the house belongs to you or not, you also need to complete the subsequent procedures such as paying the corresponding deed tax, and only after getting the real estate certificate can you really say that the house is yours. The previous filing is only a guarantee mechanism to ensure that you can obtain the ownership of the house, and it can also be understood as a right. In short, you can only obtain the complete property right after the housing authority completes the registration procedures.
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The property rights of immovable property are subject to the real estate register, otherwise a series of other types of sales and leases and even real estate certificate changes are useless, and the filing has no legal effect, just a registration of this matter.
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Who said that the filing does not have legal effect?
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Legal Analysis: Not counted. Although the house is filed with the Housing Authority, it is still not considered to have a property without a property ownership certificate, because the property ownership certificate is the only property ownership certificate; The house has been filed with the real estate bureau, which can only indicate that the house has a certain relationship with you; Some have already paid the money without the real estate certificate, some agree to donate without the real estate certificate, and some legal judgments do not have the real estate certificate, but before they get the real estate certificate, from a legal point of view, they still do not disturb their house property rights.
Legal basis: Article 208 of the Civil Code of the People's Republic of China The establishment, alteration, transfer and extinction of real estate rights shall be registered in accordance with the provisions of law. The creation and transfer of movable property rights shall be delivered in accordance with the provisions of law.
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Not counted. Although the house is filed with the Housing Authority, it is still not considered to have a property without a real estate certificate, because the real estate certificate is the only property right certificate; The house has been filed with the real estate bureau, which can only mean that the house has a certain relationship with you; Some of them have already paid the money without a real estate certificate, some agree to donate without a real estate certificate, and some have a legal judgment without a real estate certificate, but before they get the real estate certificate, they are still not considered their own house property rights from a legal point of view.
1. Can I compensate for the demolition of a house without a real estate certificate?
Demolition of a legal building without a real estate certificate can be compensated, but illegal building is not entitled to compensation. For those who have not obtained the real estate certificate but can be confirmed by the real estate management department that the house is legally owned, compensation shall be made in accordance with law; For houses with incomplete formalities or no property rights, after the relevant departments determine the legality, they shall be dealt with in accordance with relevant laws and regulations or litigation results.
2. What should I do if the rented house does not have a real estate certificate?
You cannot file an ICP filing. Houses without real estate certificates are not allowed to be rented, so the real estate transaction center will not be recorded. (1) The house does not have a real estate certificate, which may be a small property right house or an illegal building.
2) For small property rights houses, the village committee has a record, and the township has a record. The landlord can write the property certificate, stamp the seal of the village committee, and go to the record. (3) As for the illegal construction of the house, tenants are advised not to rent it.
3. Is the contract valid for a house without a real estate certificate?
The contract for a house without a title deed is valid. According to the provisions of the relevant laws and regulations of the state, it can be seen that if the house without the real estate certificate is excavated and rushed, the housing sales contract is established in accordance with the law, and it has legal effect. When buying a house, the buyer generally buys a house with legal property rights, but in real life, there are many houses that do not have legal property rights, and houses without legal property rights cannot be registered.
Article 208 of the Civil Code of the People's Republic of China The establishment, alteration, transfer and extinction of real estate rights shall be registered in accordance with the provisions of law. The creation and transfer of movable property rights shall be delivered in accordance with the provisions of law.
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