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I'll take a look at the question you said, if the person who picked up your real estate certificate sells the house, there is no doubt that he has no right to dispose of it, and the lost property is not applicable to bona fide acquisition, not to mention that it is a real estate certificate and not a house, so even if the person sells, it is invalid, and the house still belongs to you.
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The real estate certificate is gone, and it's good to go directly to the housing authority to reissue one.
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Hello! Are you looking to buy or sell a home, or are you in a property dispute? If you have any questions, please tell us in detail, I hope you can answer them.
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The laws regarding real estate are as follows.
Urban Real Estate Management Law", "Land Management Law", "Property Law", "Regulations for the Implementation of the Land Management Law of the People's Republic of China", "Construction Law of the People's Republic of China", "Urban Planning Law of the People's Republic of China" and "Contract Law of the People's Republic of China", including the Regulations on the Management of Urban Real Estate Development, the Interim Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Rights, the Regulations on the Transfer of State-owned Land Use Rights by Bidding, Auction and Listing, Interim Measures for the Administration of Foreign-Invested Development and Operation of Parcels of Land", Regulations on the Quality Management of Construction Projects, Regulations on the Management of Resources of Real Estate Development Enterprises, Several Opinions of the Ministry of Construction on Strengthening the Quality Management of Residential Projects, Measures for the Quality Warranty of Housing Construction Projects, Interim Provisions on the Publication of Real Estate Advertisements, Notice of the State Administration for Industry and Commerce and the Ministry of Construction on Further Strengthening the Administration of Real Estate Advertising, Reply of the Supreme People's Court on the Issue of the Priority Right to Compensation of Construction Project Prices, etc. It mainly involves the real estate ownership system, the legal system of construction land, the legal system of real estate development, the urban and rural planning and construction management system, the legal system of real estate transactions, the legal system of real estate registration, the legal system of real estate intermediary services, the legal system of real estate demolition, the legal system of property management and the real estate tax system.
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If you have any questions, there is no specific bad answer.
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Marriage Law of the People's Republic of China
Article 17 The following property acquired by husband and wife during the existence of their marital relationship shall be jointly owned by the husband and wife:
1) Wages and bonuses;
2) the income from production and operation;
3) income from intellectual property rights;
4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;
5) Other property that shall be jointly owned.
Husbands and wives have equal rights to dispose of jointly owned property.
Article 18: In any of the following circumstances, it is the property of one of the husband and wife:
1) the pre-marital property of one of the parties;
2) Medical expenses, living allowances for the disabled, and other expenses received by one party as a result of bodily injury;
3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;
4) Daily necessities for the exclusive use of one side;
5) Other property that shall belong to one side.
Article 19: Husband and wife may agree that property acquired during the existence of the marital relationship and property before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of articles 17 and 18 of this Law apply.
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The validity of the photocopy requires the court to cross-examine the evidence at trial, and it is more difficult to defend it. Do you have any valid evidence?
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This "Internal Subscription Agreement" has the force of law. However, photocopies are not valid. The questions you mentioned, 1. Please see if there is an article to do in the written "Notice"?
For example, the original text of the "Notice", etc., check whether it is beneficial to you. 2. Use a photocopy and ask the property management company to show the original.
3. Use the first negotiation meeting to speak to the property company in the form of a conversation. (if you want to make the recording public) try it.
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Hello, to the problem you described, the lawyer replied as follows:
Effective. Blessing!
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You first understand the legal provisions:
1. The property given by the parents to the children before the marriage of the children shall be regarded as the personal property donated to the children, and the property given by the parents to the children after marriage shall be regarded as the joint property given by the parents to the children and the husband and wife.
2. Therefore, if you pay for the house you buy after marriage, it should be regarded as a gift to your son and wife, and your daughter-in-law will have half of the share, and the people who will find a lawsuit in the future will also share half of it.
3. You haven't explained other situations clearly, and it's not easy to say, so ask them if you have questions. But as far as the current situation is concerned, the real estate certificate is in your daughter-in-law's name, and it is important to keep your son's half first.
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If the house was bought before the son got married, it is the premarital property, which is the daughter-in-law's own, and even the son has no share.
If it is bought after marriage, it is the joint property of the two.
If there is an IOU, it is a matter of the daughter-in-law owing money, but there is no dispute about whose name is the real estate deed and whose house belongs to whom.
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1. According to the provisions of Chinese law, if the infringement carried out by the right infringer has an impact on the right holder, it shall make a formal apology, compensate for the loss, eliminate the impact, etc., but in this case, your cousin's behavior has not reached this situation, so you don't have to worry.
2. Take a step back, because the mortgage of real estate needs to be graded by the housing management department, even if your cousin-in-law and cousin took a false certificate to the mortgage behavior of the housing management department, deceived the housing management department, and was recognized, then the housing authority should bear the corresponding responsibility and has nothing to do with you, don't worry, not to mention that the mortgage behavior you said has not been successful, then there is no need to worry.
3. What your ** friend said does not conform to this case. There will be no credit records, otherwise you can sue the bank, and your credit records must be caused by your own behavior, which obviously does not meet the requirements of the personal credit management regulations in this case.
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There is no effect, but their behavior is very dangerous and they are suspected of committing a crime.
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According to the relevant laws in force, the illegal act you mentioned is not committed by you, and this matter will not affect you.
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First of all, it has no effect on you, it is not you who are going to fake;
Secondly, your relatives have broken the law, and you can hold them criminally responsible;
Third, be careful of your relatives; It is advisable to let them move out; This kind of person, hey!
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Sure to win, now to apply for the real estate certificate must provide relevant proof of purchase, such as contracts, subscriptions, receipts, etc., without these local housing authorities as long as they accept and handle, it must be their fault, just sue directly.
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It is no longer possible to request revocation.
If the court files a lawsuit for revocation, the exclusion period of the revocation action is 1 year, which is the unchanged period, that is, 1 year from the date of application for the real estate certificate.
However, there is no problem in suing the Housing Authority for an administrative lawsuit.
The Housing Authority does have a responsibility for lax scrutiny.
The title deed was processed without confirming the ownership of the house.
Long-term residence of the house does not allow the property right of the house, and the house before the liberation of the house can still be confirmed, and the person can claim compensation.
or request the Housing Authority to change its erroneous specific administrative act.
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Get a lawyer to analyze it.
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