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No. The creation, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.
Legal basis] Article 338 of the Law of the People's Republic of China on the Administration of Urban Real Estate, the following real estate shall not be transferred:
1) Acquisition of land use rights by way of transfer, does not meet the conditions provided for in Article = 39 of this Law;
2) Where judicial or administrative organs make rulings or decide to seal up or otherwise restrict real estate rights in accordance with law;
3) recovering the right to use land in accordance with law;
4) Co-ownership of real estate, without the written consent of the other co-owners;
5) the ownership is disputed;
6) Failure to register and receive a certificate of ownership in accordance with law;
7) Other circumstances where laws and administrative regulations prohibit transfer.
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Legal analysis: If the house ownership certificate is not obtained, it is not allowed to transfer the property and go through the transfer procedures.
Legal basis: Article 38 of the Law of the People's Republic of China on the Management of Urban Real Estate Sheds The following real estate shall not be transferred: (1) Where the land use right is obtained by way of transfer, it does not meet the conditions provided for in Article 39 of this Law; (2) Where judicial or administrative organs make rulings or decide to seal up or otherwise restrict real estate rights in accordance with law; (Three Imperial Harmony Differences) to recover the right to use land in accordance with law; 4) Co-ownership of real estate, without the written consent of the other co-owners; 5) the ownership is disputed; 6) Failure to register and receive a certificate of ownership in accordance with law; 7) Other circumstances where laws and administrative regulations prohibit transfer.
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Legal analysis
It is not possible to transfer ownership without a title deed. The reason is that when you apply for transfer to the real estate transaction management department, you must provide the real estate certificate, 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. The real estate certificate is a legal document for the state to protect the ownership of the house in accordance with the law. Homeowner credentials to manage and use their own home.
In a general sense, the real estate certificate is the abbreviation of the house ownership certificate, which is a written certificate issued by the real estate registration authority to prove the ownership of the house.
Legal basis
Civil Code of the People's Republic of China
Article 209 The creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.
The ownership of natural resources that belong to the State in accordance with the law may not be registered.
Article 210 The registration of immovable property shall be handled by the registration authority where the immovable property is located.
The State implements a unified registration system for immovable property. The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.
Article 211: Parties applying for registration shall provide proof of ownership and necessary materials such as the boundary address and area of the immovable property based on different registration items.
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The house cannot be transferred without a title deed.
The real estate certificate is the proof of ownership of the property, and the house without the real estate certificate has the obstacle of no property ownership certificate, and it is not possible to register and receive the ownership certificate and go through the house transfer procedures according to the law.
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. At the very least, you should go to a notary public to notarize the sale and purchase agreement.
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The house cannot be transferred without a title deed. Only houses that have obtained a title deed can be traded, and houses that have not obtained a title deed are prohibited from being traded. At present, China adopts a property registration system, and if the owner of the property title certificate is not himself, he will not have the right to dispose of the house.
Legal basis: Article 38 of the Law of the People's Republic of China on the Administration of Urban Real Estate shall not transfer the following real estate:
1) Where land use rights are obtained by way of transfer, the conditions provided for in Article 30 of this Law are not met;
2) Where judicial or administrative organs make rulings or decisions in accordance with law, order the seizure or other restriction of real estate rights;
3) recovering the right to use land in accordance with law;
4) Co-ownership of real estate, without the written consent of the other co-owners;
5) the ownership is disputed;
6) Failure to register and receive a certificate of ownership in accordance with law;
7) Other circumstances where the law or industry does not prohibit the transfer as provided for by the pure government regulations.
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The real estate certificate is a legal document proving the ownership of the house, and there are certain legal risks in the ownership of the house without the real estate certificate. At the time of transfer of ownership, you need to provide the title deed as a supporting document, and if you do not have a title deed, you need to provide other relevant supporting documents. Therefore, if your house does not have a title deed, it will have an impact on the closing.
It is advisable to check with your local real estate administration for specific legal requirements and procedures. In some cases, even if the house is not deed due to hail, the transfer can also be carried out. For example, if there is no dispute over the ownership of the house, you can provide supporting documents such as the house sale contract, the land history and the certificate of use, etc., to prove the ownership of the house, so as to complete the transfer procedures.
However, in the event of a dispute or controversy over the ownership of the home, not having a title deed can cause difficulties for the transfer. Therefore, it is recommended to ask the ** party to provide a complete real estate certificate when buying a house to protect their legitimate rights and interests. If you already own a house but don't have a title deed, you can go to the relevant department to get the title deed as soon as possible so that it can be more convenient to carry out the transfer or other related procedures in the future.
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Legal Analysis: A house without a title deed cannot be transferred.
Legal basis: Article 38 of the Law of the People's Republic of China on the Administration of Urban Real Estate.
The following real estate shall not be transferred: (1) the land use right obtained by way of transfer does not meet the conditions stipulated in Article 30 of this Law; 2) Where judicial or administrative organs make rulings or decide to seal up or otherwise restrict real estate rights in accordance with law; 3) recovering the right to use land in accordance with law; 4) Co-ownership of real estate, without the written consent of the other co-owners; 5) the ownership is disputed; 6) Failure to register and receive a certificate of ownership in accordance with law; 7) Other circumstances where laws and administrative regulations prohibit transfer.
The transfer of ownership requires a real estate certificate and a land certificate, and only the real estate certificate cannot be transferred without a land certificate, and the land certificate must be completed first. However, at present, the registration of real estate has been uniformly implemented, and the real estate certificate and land certificate are no longer issued separately, in this case, the seller's real estate certificate must be completed before the transfer of ownership.
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