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The proof of property right is the property right registration certificate, but if it involves the sale and purchase of a house, it is necessary to go to the property right registration department for property right registration, and if the property right certificate is inconsistent with the registration book of the registration department, if it cannot be proved that the registration is indeed wrong, the registration book of the property right registration department shall prevail.
Homesteads established on the basis of applications in rural collective economic organizations cannot be bought or sold, but houses built on homesteads may be bought and sold.
The first time you sold the house, you didn't register the title transfer. On the basis of what you say, we can only construct, and we can presume that the house is still in your name in the register of the property rights registry.
Therefore, after the second change of ownership of the house, the third family obtained the new house certificate on the grounds of "loss of the house certificate", which can be regarded as a fraud with the house title registration department.
Based on the above, you can file a civil right confirmation lawsuit, with the third party as the defendant and the first party as the third party without independent claims, to confirm that you still have the right to ownership of the house, and the three parties will return the price.
As for your return of the first price, you can ask the court to confirm the amount, after all, the 5,000 yuan at that time is not the same as the current payment efficiency.
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Didn't you say it yourself, the first owner, you sold half and half gave it to that family, and they gave you back the money, and you sold the house to people in the first transaction, and the second and third houses in the future have nothing to do with you.
And in the second and third transactions, it is impossible for you not to know, whether you have raised objections, and if you do not mention it, it is an endorsement.
If you didn't demolish it, would you still want a house?!
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Your parents can be the plaintiff and your divorced wife as the defendant, and your parents can file a "tort" lawsuit.
Pay attention to the collection of relevant evidence.
It is best to ask a lawyer to help with the lawsuit.
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1. If the property is owned by your parents, whether the demolition agreement signed in your name has been recognized by your parents, if not, the agreement is invalid.
2. Even if your parents posthumously recognize this demolition agreement, the demolition money obtained from the house demolition should belong to your parents, and the agreement on the disposal of your parents' property in the divorce agreement between you and your wife is an invalid clause, so it is sufficient for your parents to file a lawsuit for the invalidity of the contract and ask the court to find that this part of the divorce agreement between the parties is invalid and demand the return of the house money.
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In the event of a divorce, who is the property registered in?
Has the property been transferred to your wife's name now?
I am a lawyer in Guangzhou, and I can inquire directly on QQ.
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The house is in your father-in-law's name and belongs to your father-in-law's pre-marital property, i.e. it does not belong to your father-in-law and your step-mother-in-law's joint property.
The house is immovable property, and the ownership of the real estate is subject to registration, so not writing anything in the house does not guarantee your ownership (but it can guarantee your creditor's rights, that is, you can get the house payment but not the house).
You can write an internal agreement between you, that is, the house was purchased by you at your expense, and it is only for your father-in-law to live in during his lifetime, and it cannot be transferred or given to others without your permission, etc.; Or ask your father-in-law to give you an IOU and use the house as collateral; Ask your father-in-law to make a will about the house now, stating that he will inherit it when he dies; Wait a minute. However, these external effects are not strong enough, because those that have not been notarized and registered are basically unable to oppose bona fide third parties.
In short, if you follow the above plan, as long as your father-in-law does not dispose of the house without authorization, then it is enough to prevent your step-mother-in-law and her daughter from worrying about it.
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The house is pre-marital property. Even if he remarried. Nor does it belong to the husband and wife.
Your monthly loan repayment deposit slip. It is also effective in court. This situation.
Even if the father-in-law does not write anything to prove. The new wife. Nor is it entitled to inherit the property.
Of course. If there is a write certificate. Then it is also legally valid.
But what's important. You have proof that you are repaying the loan. Instead of the new and old spouses in also.
If the new couple has proof of repayment. Then she has partial ownership of the house.
It is better to transfer the title. Because it's your room. Only to their own name. is the real peace of mind.
In addition, in the future, the old man will pass away in a hundred years. Then you have to pay inheritance tax. in order to transfer the property to your own name.
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You can ask your father-in-law to write a promise that you paid for the down payment and mortgage, and that he promised that the house would be yours. Think of this commitment as a transfer of the house, he signs it, and you sign it. Then agree when this house will be delivered to you, you must live in it, and this house belongs to you.
However, your risk is that your father-in-law will transfer the house to someone else behind your back.
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First of all, it is the safest at the time of transfer;
Secondly, you can do a fair job, the content is roughly that the house has nothing to do with your father-in-law's last wife, and the ownership of the house belongs to you.
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You can do his pre-marital property justice, and the inheritance of the property under the justice rules you own.
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1。If your grandmother is alive, the property rights are determined according to the name on the real estate certificate, and if the name is your grandmother, all the other people who live with you have no ownership. Unless grandma agrees to the transfer.
2。After the death of the grandmother, if there is a will, it will be followed. Without a will, the house will be inherited by your grandmother and grandfather's five children.
The process first goes to the notary office to handle the inheritance notarization, and then goes to the real estate transaction center with the notarial deed to handle the transfer, the real estate certificate has the names of the five children, and the house belongs to the joint ownership.
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The old man's house is divided equally by 5 children, and the uncle's share is inherited by the children on behalf of the children.
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When 1 was alive, the grandmother accounted for 2 3, and the rest of the children were divided equally between 1 3
2. After death, there is a will from the will, and if there is no will, all the children will be divided equally.
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1. If your grandmother and your grandfather have both passed away, this property belongs to the inheritance and belongs to the joint property of your mother and your aunt.
2. This property should be registered with the owner of the real estate certificate, or the name of your grandmother or your grandfather, so the agreement signed between your aunt and the buyer is invalid, and your aunt has no right to dispose of it.
3. Selling this inheritance is more complicated, first to handle the transfer of inheritance rights, and then to handle the transfer of sales.
4. It is recommended to hire Shijiazhuang and file a lawsuit to divide the estate and file an inheritance lawsuit.
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First of all, you have to understand the relevant regulations of your father's unit for the sale and purchase of houses, many units of the raised funds to build houses cannot be bought to people from other units, which involves the welfare subsidies given by the unit to the relevant employees, so it is possible that the house can never be transferred to the name of relatives. So, legally, the title to the house can only be determined in the name of your parents.
Secondly, the agreement signed between your parents and your relatives is a creditor's agreement, and this agreement cannot directly transfer the title of the house to the relative.
Judging from the current situation, the property rights of the house will not change, and your parents only need to return the purchase price of 160,000 yuan, and the corresponding interest.
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Is there any written evidence for the other party's instructions on whether to buy a house or not? If the other party waives the right to the house in writing, then you only need to return the 160,000 they paid to them.
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It should not be made up.
Because you have an agreement, "No matter whether the price of the house goes up or down in the future, it has nothing to do with us (the father), and the house does not belong to the father." ”
Rogue relatives!
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The house built by the unit, after all, the unit will post some benefits in it, transfer it to others, and other employees of the unit will have opinions. So your relatives still know that they give up. The agreement that was written to him earlier must be rewritten.
The money should be returned to the relatives, and the interest should not be overstated, and the amount of interest should be negotiated between the two parties. It should be slightly higher than the bank interest.
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160,000 yuan must be repaid, and the interest does not have to be repaid, based on the fact that if there is no agreement or the agreement is unclear between natural persons as stipulated in Article 211 of the Contract Law, it will be regarded as interest-free.
To tell the truth, if you can't prove that he borrowed 160,000 from you, you can't even pay back the 160,000, after all, you don't even have an IOU. Well, be kind, return the 160,000 yuan, the interest does not need to be repaid according to the law, if your relatives are affectionate, you can give some as appropriate.
Hope it helps!
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First, if your brother strongly disagrees and he continues to give you money, you can only agree, unless he doesn't give you the money later, you can sue him to let him check out or give money. Second, the joint repayment of the mortgage still depends on whose name is under it, and if it is unilateral, it is still unilateral property. Thirdly, and firstly, unless your brother breaks the contract or you reach an agreement, you will not come back....Fourth, this is not called a gift, but a will, and your father can revoke the will, but the premise must be notarized again....
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1. If your brother hires a lawyer, you can be asked to continue to perform the contract.
Fourth, you can take back the increase you have given.
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This question has been answered once, but the previous answer may be misleading to the parties, so the reply is as follows:
1: The validity of your house purchase agreement is not discussed for the time being, according to the agreement, your brother's payment time has been agreed, but so far your brother has not paid, has been in breach of contract, you only need to have relevant proof that your brother has no intention of continuing to pay, you can directly request the termination of the contract, and require your brother to bear the liability for breach of contract, so you do not need to compensate for the cost.
2. The property of the husband and wife after marriage is the joint property of the husband and wife, so the house is also the same.
Three: family disputes, don't worry about lawsuits, watch and handle them yourself.
Four: The gift has been notarized and has been fulfilled, and your father cannot take back your property!
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Both my grandfather and grandmother have passed away and have left no wills.
This is a very important point, because there is no will, so what you said "before that the house was divided equally between the two uncles, and there is no daughter's share" has no legal basis. So, you can question that.
The name on the real estate certificate has not changed, it is still the name of the grandfather, but the name of the land certificate has been changed to the name of the uncle and the brother's mother."
In the case of demolition, it should be referred to in the order of the real estate certificate and the land certificate. But how to change the names of two people on the land deed, this process needs to be clarified. There are land transfer procedures in this process.
If the law has confirmed the process, then the demolition money should largely belong to those two families.
If my mother wants to share, will my grandfather's other daughters be able to share it? ”
If there is no will or anything before, the division should be equal, and it is also necessary for your family to negotiate with whom to give it and who not to give it to, and which family gives up their inheritance rights also needs to be proved in writing, and there is a basis after that. But if you don't want to know about other homes, it's impossible.
Is a deceased daughter divided by her children? ”
It's also another kind of inheritance, you can take it step by step.
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According to Article 5 of the Inheritance Law, "after the commencement of inheritance, it shall be handled in accordance with the statutory inheritance; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; "Your grandparents did not leave a will, so they should be handled according to the legal inheritance. Your mother, uncle, and aunt are all first-order heirs with equal power. If an uncle or aunt has passed away, the aunt or uncle also enjoys the same rights if they have fulfilled their obligation to support, otherwise they will be subrogated by their direct blood relatives of their younger generations, and they will also have the same rights.
The law of inheritance applies to the People's Republic of China and there are no provincial differences.
You need to state the specific problem in detail.
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