Legal disputes house, how to deal with the dispute house

If you have not registered the transfer of ownership, the ownership of the house can only belong to the original head of the household, you have no right to get the ownership, if you continue to occupy the house constitutes infringement, but although you do not have the ownership of the house, you can sue him for breach of contract and bear the liability for breach of contract.

It depends on who the head of the household is, if there is no transfer registration, the ownership of the house can only belong to the original head of the household, you have no right to get the ownership, if you continue to occupy the house constitutes infringement, but although you do not have the ownership of the house, you can sue him for breach of contract and bear the liability for breach of contract.

You can regret it before the transfer, but you need to compensate for your reasonable losses. If you don't get compensation, you can sue for compensation in the form of auctioning off the house. You can wait for the sale money to compensate, or you can participate in a bidding to buy it, pay the money and immediately compensate you, and the two offset the two to get the title to the house.

According to what you said, although you did not sign the contract, your verbal agreement can be considered to be a contract. But if the owner of the house has to get the house back, you still can't keep it. But you can sue him for breach of contract and ask him to compensate him according to the current **, which means that what you can get is a creditor's right.

Since the house has not been transferred, you do not have ownership of the house.

1。If the house does not need to be returned, you need to provide witness evidence and evidence to prove that you and the other party have reached a contract, and the contract is voluntarily reached by both parties at that time, and it is legally established and effective;

2。The other party is the sole owner of the house and has full right to dispose of the house;

3。Accordingly, you can request the court to require the other party to continue to perform the bank contract and register the transfer;

Lawyer Wu of Quanzhou.

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First of all, if the landlord sues you, if you can't prove the house and you buy it, then you lose.

But if you find evidence, it's easy to say.

1.Find the introducer at the time and ask him to give evidence.

2.Did the proof of receipt that you wrote at that time indicate that it was a proof of buying a house?

3.Grab the evidence and go to court.

ps Even if you go to court and the other party says that the owner of the house is his, and the house is his, if you don't have enough evidence, but you can prove that the other party took you money, you can ask him to refund the fees you have paid.

The handling method of the disputed house is as follows:

1. Negotiate and settle;

2. Mediation, under the auspices of a third party, the parties to the dispute have negotiated voluntarily;

3. In the case of arbitration, the arbitration institution may be requested to determine the facts and make an award in accordance with the law;

4. Administrative settlement, after the mediation of the real estate management authority and other departments where the commercial house is located is invalid or an agreement is reached, the parties repent, or the parties to the purchase dispute directly complain to the administrative department, and the administrative department will deal with the dispute by a specific administrative act;

5. Litigation, file a lawsuit with the people's court in accordance with the law to resolve real estate disputes.

Interpretation on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Contracts for the Sale and Purchase of Commercial Housing".

Article 2 The seller has not obtained the certificate of pre-sale of commercial housing, and the contract for the pre-sale of commercial housing concluded with the buyer shall be found to be invalid, but if the seller obtains the certificate of pre-sale license for commercial housing before filing a lawsuit, it may be deemed valid. Article 4.

If the seller accepts a deposit from the buyer as a guarantee for the conclusion of a commercial housing sales contract by means of subscription, ordering, reservation, etc., if it fails to conclude the commercial housing sales contract due to the reasons of one of the parties, it shall be handled in accordance with the provisions of the law on deposits; If the contract for the sale and purchase of commercial housing cannot be concluded due to reasons not attributable to both parties, the seller shall return the deposit to the buyer.

Legal analysis: (1) mediation, under the auspices of a third party, the parties to the dispute have voluntarily negotiated;

2) In the case of arbitration, the arbitration authority may be requested to determine the facts and make an award in accordance with the law;

3) Litigation, filing a lawsuit with the people's court in accordance with the law to resolve real estate disputes.

Legal basis: Article 2 of the Interpretation on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commodity Housing Purchase and Verification and Settlement of Land Sales Contracts Article 2 If the seller has not obtained the certificate of pre-sale and fraudulent sale of commercial housing, the pre-sale contract of commercial housing concluded with the buyer shall be deemed invalid, but if the certificate of pre-sale license of commercial housing is obtained before the lawsuit is filed, it may be deemed valid.

First of all, the question you are asking is a legal issue to determine the ownership of the property, and once it is confirmed that the property belongs to your family, your uncle has no right to claim it;

Secondly, as you mentioned, "because it is an old house in the countryside, there is no such thing as a deed", which means that when your grandparents died, they did not leave any ancestral property with property rights, and your uncle came to claim the division of land and houses, and he had to first prove that your house was an inheritance, which should be very difficult for him;

Thirdly, since the house was built by your family, and the house in the countryside has the right to use the homestead, you must go through the relevant approval procedures when building the house. As for the fact that your family has built a house, you can first ask the village committee and the village land administrator to issue a certificate to confirm that your house was built by yourself and not an ancestral property;

Finally, in view of the fact that your uncle only asked to settle down, and did not clearly propose the division of houses and land, let alone go to court to sue, you can go through the relevant real estate procedures first.

In summary, the recommendations are as follows:

1. Implement and find out whether your family has gone through the approval procedures when building a house at that time, whether you have applied for a homestead use certificate, even if you have not actually obtained the real estate certificate, even if you have an application or cadastral survey form, it can also prove the fact of your building and the ownership of the house;

2. Request the village committee to issue a written certificate on the fact that your family has built a house, and then request a replacement of the homestead use certificate and other formalities according to the relevant facts;

3. Ask the neighbors and land managers in the village to write down witness testimony to prove that there is no ancestral property, and that the property you live in is built by yourself, etc.;

4. After the above procedures and evidence collection, you can prove the attributes and ** of your house, then even if your uncle goes to sue, you must provide evidence to prove that the house was left by your grandfather, and you have evidence to prove that you built the house yourself, and your uncle can't win.

In the end, the parties obtained a certificate from the village committee and obtained a land surveying and mapping record from the land office, proving that before the house was built, the old house had collapsed and the house was built by itself, and finally the court rejected the other party's claim for house division.

Don't win. His hukou has moved away and does not belong to the people of this village. Besides, if he wants to move back, your family and the village committee may not agree.

As long as your family doesn't agree to move your household registration back, it's fine, and besides, so many years of house maintenance have been paid by your family, how can you give him a share! It has nothing to do with him, and your grandparents didn't make a will. There's not a single rule that proves that this house has anything to do with your father's brother, right?

If there is no proof (real estate certificate, land certificate), then this is an illegal building, not yours nor your uncle's, and the state will demolish and confiscate it for you in minutes. The Hukou book cannot be used as proof of ownership of the house.

If there is a title deed, a land deed, whoever is on the deed, the house or land is anyone's. The evidence shall prevail, and any other explanation and any evidence shall be invalid.

First of all, the problem of the house mainly depends on whose name is written on your real estate certificate, but according to what you said about the death of your grandparents for so long, the issue of inheritance division has long been solved, and your uncle has no reason to ask you for a house. What's more, you built it yourself, and if there is a certificate to prove that it was built by your family, he will have no choice.

Secondly, the transfer of the hukou requires the consent of the head of the household on your hukou book, if your family does not agree to him moving back, he has no choice! So don't be in a hurry, it's fine

I can't find a legal foothold for your uncle's lawsuit.

If the hukou has been moved for 25 years, it is generally difficult to move back without a special policy in the village. Although it is an old house, there will be a policy in the village to start issuing certificates such as house deeds, and you may not have paid attention to this information at the time. You can ask the village, if you can, apply quickly, and get the deed similar to the real estate certificate first.

It is not so easy to divide the land and the house, it depends on the policies and information of your village, if the house is in the name of your household registration book, and the house rebuilt is owned by yourself, the uncle wants to divide your family's land and house is basically no bargaining chips, and your family's chances of winning are still very great. If your village has a policy to support Uncle's situation, it may be a little loss. But the general village will not have a policy to support your uncle.

As you said, it has been 30 years since your grandparents died, and there was no distribution of the inheritance at that time.

Then, according to Article 8 of the Inheritance Law, "the time limit for initiating a lawsuit in an inheritance dispute shall be two years, calculated from the date on which the heirs know or should know that their rights have been infringed." However, if more than twenty years have elapsed since the commencement of the inheritance, no further proceedings may be filed. ”

So your uncle has passed the statute of limitations and has lost his inheritance rights.

In addition, it is necessary to find the real estate certificate, the time for building and repairing the house, and the witnesses, etc., which will be useful in the case of demolition.

Whether to move or not to move the household registration has nothing to do with the division of housing and land.

As long as the sales contract is signed and there are clauses in the contract, the transaction activity is determined, and the Zhenqin sales contract is protected by the law. The specific Mikibi depends on the content of the contract.

Since you have not registered the title deed, the contract between you can only be valid for you, so he can bypass you and take the property directly, but you can sue for the refund of the original purchase price and liquidated damages (if any). As for who to sue, it depends on who your contract is signed with.

It is recommended to consult a lawyer Anyway, the landlord does not need money to consult The landlord's chances of winning are still very large There are black and white words What are you afraid of.

Go to a lawyer, and if they really want to push the lawsuit, they will fight with them. Can't let them bully.

First of all, the house has been transferred, the house is registered in your name, the ownership of the house belongs to you, and you have the right to exercise your rights.

Which contract is valid, there is no need to pursue the transfer of ownership, the main thing is how to agree on the delivery of the house? When will it be delivered? If the seller fails to deliver the house to you as agreed, you have the right to require it to continue to perform the agreed obligations, otherwise you can file a civil lawsuit in accordance with the law, with the seller as the defendant, requiring it to perform the obligation to deliver the house and bear the liability for breach of contract.

In addition, because the fact that the house has been leased before **, and according to the regulations, the tenant has the right of first refusal, and the sale does not break the lease regulations, which is also an obstacle that hinders your smooth sale and occupancy.

The best way is to take the seller as the defendant and request to fulfill the obligation to deliver the house and investigate its liability for breach of contract, which is the best way, the sooner the better.

Your situation is actually very simple, the contract of 480,000 yuan out of the three contracts is the most effective, because this contract is mainly based on the records of the land tax and the housing authority, which means that this contract is the most legitimate.

In addition, now the house is in your name, and of course the right to dispose of the house is also in your hands. You can simply evict the tenant because his lease contract is no longer valid. The seller has nothing to do with the house, even if you don't give him the final payment, he can't help it.

Suing you can only be a debt dispute, and of course he has no legal right to evict the tenant.

The property has been renamed and transferred to obtain ownership in accordance with the law, and the seller is hiding the truth about renting for 5 years, which is fraudulent. According to the law, the sale does not break the lease, which means that the rental contract should continue to be performed and expired, and the buyer cannot exercise its rights. At present, only the seller can be held liable for compensation for financial losses due to fraud or for breach of contract for late delivery of the property.

The premise is that the seller does not know the lease period of 5 years when the name change is transferred, and if he knows that it is an endorsement, he can no longer claim compensation for damages.

The real transaction contract of 1.46 million yuan is valid. For your disputes, you can do the following:

First, you can terminate the contract in a legal way as the landlord, such as to see if the tenant has violated the lease contract and caused the contract to be terminated. According to the provisions of China's contract law, the lease is not broken by the sale, that is, after the sale of the house, the lease contract continues to be valid, you have the rights of the lessor to assume the obligations of the lessor, and the lessee continues to enjoy the rights and obligations of the lease contract.

Second, you can also ask the seller to fulfill the agreement of the 1.46 million contract, and require the seller to deliver the house or compensate for the loss.

You have the right to choose, see which way best to defend your rights. Now the house is in your name, and you don't have to worry about the property rights. Houses can be acquired through negotiation or litigation.