The house has not been transferred, how can I claim my rights and interests

Hello. If physical evidence is produced, the result will be quite unfavorable to you, although everyone in your family knows what happened. But what the law admits is evidence. Didn't you leave any evidence or contract when you first handled the property rights of this house?

If you want to get your home back, the only way is to go to court. Of course, the witnesses are your family.

You don't have to hope too much for the result of the verdict, and the best result is that the court will give you the joint ownership of the mediation property.

I hope you take a look at property law before you do that.

Hello. It's great to have evidence like this, but you have to be clear: if you didn't have your sister at the time, you wouldn't have been able to buy this house, after all, you were able to buy this house through this relationship because of their flat split.

If you want to settle it in court, you will be very active in the testimony of the evidence witnesses you present, and I hope that you can resolve this matter through family mediation, at least let your sister understand what family affection is and what is hard-won wealth. You can give her some compensation!

If the court settles the matter, you must first find a local lawyer in the industry to talk about the situation. The cost of a lawsuit in Shanghai is very high.

Family: It is a family affection that is full of harmony, you can't discuss it with the people in the family, and once the family affection is lost, you will never be able to find it. It is recommended to discuss more with your family, once you solve it from the Phari, you will lose the most affectionate person, so it is not a gain or a loss, it is recommended to think about it.

You are very passive, China looks at the property certificate, and the court is estimated to only compensate you for the expenses plus interest you paid.

Is there a problem that the family can't do to solve, why do you have to make a fuss, hey.

The contract signed by the property rights that have not been transferred is valid if it meets the statutory conditions for validity, and the property rights that have not been transferred will not affect the validity of the contract. The statutory conditions for validity are: the parties to the contract express their intentions genuinely; The parties to the contract are persons with corresponding capacity for civil conduct; The content of the contract shall not violate laws and regulations or public order and good customs; The form of the contract complies with the relevant legal requirements; Other statutory valid conditions, etc.

Legal basis] Call for Fighting Attack.

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 strong and fraternal provisions of laws and administrative regulations, and do not violate public order and good customs.

Article 215.

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 real estate 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.

Legal analysis: It is impossible to transfer ownership without a title deed. Here's why:

To apply for transfer to the real estate transaction management department, the real estate certificate must be provided, otherwise the application will not be approved, and the request for transfer will also be rejected due to the lack of the real estate certificate. In the second-hand housing transaction, the general process should be followed, and the buyer and seller should first form an agreement, that is, reach an agreement, and then handle the transfer.

A second-hand house without a real estate certificate cannot be transferred, and the procedures cannot be completed at the housing authority. If you want to buy it, there is a risk. It should be noted that if you only handle the notarization and do not go to the house, there is also a huge risk for the buyer.

Legal basis: "Interim Regulations on the Registration of Filial Piety in Immovable Property" Article 14 Where an application for registration of immovable property is made for sale, creation of mortgages, etc., both parties shall jointly apply.

In any of the following circumstances, the parties may apply unilaterally:

1) The immovable property that has not yet been registered is applied for registration for the first time (2) the right to acquire the immovable property is acquired by inheritance or bequest (3) the legal documents effective by the people's court or the arbitration commission or the effective decision of the people's ** are established, modified, transferred, or extinguished the immovable property rights (4) the name of the right holder or the natural condition changes, and the application for change of registration is made (5) the immovable property is lost or the right holder gives up the immovable property rights, and the registration is cancelled (6) the application for correction of registration or objection registration (7) Other circumstances where laws and administrative regulations provide that a unilateral application may be made by the parties.

Legal analysis: According to the actual situation, although the ownership of the house has not been registered, as long as the house sale contract complies with the law and the parties sign it on the premise of voluntariness and legality, the house sale contract has legal effect. The requirements for the contract to be effective are:

1) The parties have the corresponding ability to conclude the contract. (2) The meaning is true. (3) It does not violate the law and the public interest.

Legal basis: Civil Code of the People's Republic of China

Article 502:Contracts established in accordance with law shall take effect upon their establishment, unless otherwise provided by law or otherwise agreed by the parties.

In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions. If the failure to go through the approval and other formalities affects the effectiveness of the contract, it does not affect the validity of the obligations of Tuan Tsai Jing in the contract such as reporting for approval and the validity of the relevant clauses. If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations.

Where, in accordance with the provisions of laws and administrative regulations, the modification, transfer, or termination of a contract shall go through formalities such as approval, the provisions of the preceding paragraph shall apply.

Article 503: Where a person without the right to enter into a contract in the name of the person being **, and the person has already begun to perform its obligations under the contract or accepts performance from the counterparty, it shall be deemed to be a retrospective recognition of the contract.

Article 504:Where a legal person's legal representative or the responsible person of an unincorporated organization concludes a contract beyond their authority, the representative's conduct is valid, and the contract concluded is effective for the legal person or unincorporated organization, unless the counterpart knows or should know that it has exceeded its authority.

Article 505: The validity of a contract concluded by the parties beyond the scope of business shall be determined in accordance with Section 3 of Chapter 6 of Part 1 of this Law and the relevant prudent provisions of this Part, and the contract shall not be invalid solely on the basis of exceeding the scope of business.

Article 506 The following exemption clauses in the contract are invalid:

1) Causing personal injury to the other party;

2) Intentionally or grossly negligently causing damage to the other party's property.

Article 507: If a contract is not effective, invalid, revoked or terminated, it shall not affect the validity of the provisions of the contract on dispute resolution methods.

Article 508:Where there are no provisions on the validity of contracts in this Part, the relevant provisions of Chapter VI of Part I of this Law shall apply.

Legal analysis: When buying a house, if there is a dispute over the property rights of the house and the transfer procedures cannot be handled, the buyer has the right to terminate the sales contract and require the first party to bear the liability for breach of contract.

Legal basis: Article 38 of the "Urban Real Estate Management Law" stipulates that the ownership of disputed real estate shall not be transferred without the written consent of the other co-owners. Therefore, a house without clear ownership cannot be transferred without the consent of the co-owners of the parties; If the property rights are disputed and the transfer procedures cannot be carried out, the sales contract shall be deemed invalid, and the party shall bear the corresponding responsibilities.