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Hello: From what you said, since there is a real estate certificate, it means that the private house is the property right house. According to the law, the property can be bought and sold only with the consent of the owner, and they have no right to interfere with the purchase and sale of the house with the hukou in the house.
For the relocation of a private house, consider the location, area of the house, the actual population and household registration, and comprehensively consider the relocation distribution plan.
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I don't know what your private house means, but now the seller generally looks at the name on the real estate certificate, and which one has the final say, of course, the spouse must sign and agree, as for the children, there is no right. However, in terms of property rights, the house is the joint property of your parents, and even if your mother dies, you can still get a quarter of it, so you are still entitled to a share of the money from the sale of the house.
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1.First of all, you must have a place to stay, that is, if you have a property to register a physical address, if your father sells the house, your hukou will move out in the future, because the person who bought your house will not agree to keep your hukou in the house. If there are other properties in Shanghai, there is no problem, if not, your hukou will be transferred out, and you have to find a place to receive it, so generally buyers will ask the seller to move out of the hukou before the transfer of property rights.
2.It is best if your mother can write a will to protect you and her legal rights.
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No, you don't. Only the signature of the property owner and the property owner's spouse, or the co-owner registered on the title deed, is required.
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The consent of the person on the household register is not required to sell the house. Because the transaction of commercial housing is mainly based on the property owner, rather than looking at the household registration. As long as the property owner and the co-owner agree to the transaction, both parties to the transaction confirm the transaction price, prepare the ID card, household registration book, provide proof of down payment, and deposit the balance into the supervision account, you can apply to the local property rights office for transfer.
New policies for buying and selling housesLower down payment on a CPF loan to buy a house. Compared with commercial loans, the interest rate of buying a house with a housing provident fund loan is lower, and the proportion of down payment that needs to be paid is also lower. Lower down payment for commercial loans The low down payment ratio for buying a first home through a commercial loan has dropped to 25% of cities.
The central bank's notice on ** said that in the city, if the resident uses a commercial personal loan and is buying an ordinary house for the first time, then the low down payment ratio is 25%.
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Selling a house does not require the consent of all the people on the household register, as long as everyone agrees on the property certificate. If it is a self-built house without a house book, it must go through the head of the household, and the person on the household registration book has the right to know, and their family discusses.
Household registration book introduction information
The household registration book is an important document for Chinese citizens, which is made by the Ministry of Public Security of the People's Republic of China and is used to register the name, place of origin, date of birth, specific professional title, occupation and other contents of the household personnel. It is used to go to school, get married, get a passport, and do many other important things.
China's household registration regulations stipulate that the basic task of household registration management is to maintain social order, protect citizens' rights and interests, and serve socialist construction, which is also the purpose and role of China's household registration system. Hukou registration can provide basic demographic information.
For example, how much is the population, how is the distribution of urban and rural areas or regions, how many school-age populations, how many infants and young children are distributed by occupation, how are industries, how are the education levels distributed, what are the marital status, and so on, so that we can use this as a basis to formulate a scientific and rational plan for national economic and social development, make overall arrangements for material and cultural production, and promote sustained and stable social and economic development.
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Before selling the house, you should discuss it with the owner in the household register, and the head of the household will sell, otherwise it will be a problem for others to live in. This should be the owner of the house before selling the house and the people in the other household registers, and arrange a place to live before selling, and must not let other people live on the street.
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Generally speaking, the person on the household register can buy and sell the property where the household registration is located. However, there are several factors to consider:
Whether the property belongs to the name of the person in the household register: If the property is not the property of the person in the household register, then the person cannot directly buy or sell the property.
Compliance with relevant laws and regulations: According to the relevant laws and regulations of China, the purchase and sale of real estate needs to meet certain conditions and procedures, such as real estate certificate, land use certificate, real estate ownership certificate, etc. At the same time, relevant taxes and fees need to be paid.
Whether it complies with local policies and regulations: Unfortunately, the policies and regulations on real estate sales in Xiaoshu District are also different, and they need to be understood and complied with according to the specific local conditions.
Therefore, if you want to buy or sell the property where your hukou is located, it is recommended to first understand the relevant laws and regulations and local policies, and consult a professional real estate agent or lawyer during the process.
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The consent of the owner of the household is not required to sell the house, but the consent of the owner. The real estate certificate of the house is a written certificate issued by the property rights registration authority to prove the ownership of the house, and the property owner can exercise actual control over the house and trade with the real estate certificate.
Article 37 of the Law on the Administration of Urban Real Estate.
Real estate transfer refers to the act of transferring real estate to another person by the owner of real estate through sale, gift or other legal means.
Article 240 of the Civil Code.
The owner shall have the right to occupy, use, benefit from and dispose of his immovable or movable property in accordance with law.
Article 241.
The owner has the right to create a usufructuary right and a security interest in the immovable or movable property owned by the owner. The exercise of rights by the owner of the usufructuary right or the holder of the right of security shall not harm the rights and interests of the owner.
Article 266.
Private individuals have ownership of their legal income, houses, daily necessities, production tools, raw materials, and other immovable and movable property.
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