Only the property owner has gone to the transfer of the real estate certificate, is the transfer pro

Updated on society 2024-06-08
7 answers
  1. Anonymous users2024-02-11

    The information required for the transfer of the house is as follows: 1. Within 30 days after the signing of the house sale contract, both parties shall apply to the real estate management department with the real estate ownership certificate, the legal certificate of the parties, the transfer contract and other relevant documents, and declare the transaction**; 2. The real estate management department shall review the relevant documents provided and make a written reply on whether to accept the application within 15 days; 3. The real estate management department verifies the declared transaction**, and conducts on-site investigation and evaluation of the transferred houses as needed; 4. The parties to the transfer of real estate shall pay the relevant taxes and fees in accordance with the regulations; 5. The real estate management department shall issue the transfer form; 6. After going through the above formalities, both parties shall obtain the real estate ownership certificate in accordance with the transfer procedures and in accordance with the regulations: (1) the house ownership certificate; (2) Sales and Purchase Contract; (3)…

  2. Anonymous users2024-02-10

    If before the transfer, the buyer and the seller go to the notary office to notarize the matter is that the seller's property owner and the co-owner agree to ** to the seller, then the seller can represent one of them and accompany the buyer to the housing management office to sign the second-hand housing sales contract, in the housing management office, the staff will ask to show the seller's household registration and marital status, then you can take out the notarial certificate to prove that the seller's property owner agrees to ** this house, (Note: in the notary office to sign the notarial certificate of both parties, because the unilateral notarial certificate can be unilaterally proposed by the party at any time to cancel the notarization, Therefore, it is necessary to notarize both parties, so as to avoid the seller just signed the notarial certificate and then come back to withdraw the notarization, which will bring the trouble of property rights disputes after the transaction), in addition, if the real estate certificate has completed the transfer procedures, from the time you sign the contract at the housing management office, in fact, the property rights of the house have been transferred to your name, just waiting for the certificate, so you don't have to worry about the seller will default on the situation, congratulations, in fact, the house is already yours! Having said all that, you don't have to worry about buying a house in the future!

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  3. Anonymous users2024-02-09

    The property right transfer is required with a real estate certificate. The real estate certificate, that is, the house ownership certificate, is a certificate for the buyer to obtain the legal ownership of the house through the transaction, and can exercise the right to occupy, use, benefit and dispose of the purchased house in accordance with the law, and it is also a legal certificate for the state to protect the ownership of the house in accordance with the law. The real estate certificate, including the house ownership certificate and the house co-ownership certificate, is issued by the real estate authority, mainly to ensure the order and safety of the registration activities.

    Legal analysisThe certificate of ownership of the immovable property is the proof that the right holder enjoys the right to the immovable property. When the immovable property registration authority completes the registration, it shall issue the immovable property ownership certificate to the applicant in accordance with the law. If a party holds a certificate of ownership of immovable property, he or she can prove that he or she is the owner of the real right registered in the certificate of ownership of immovable property.

    Although the certificate of ownership of immovable property has a probative effect, its probative power derives from the registration in the immovable property register, rather than the certificate itself being a registration of real rights. Therefore, the relationship between the immovable property ownership certificate and the immovable property register is as follows: the immovable property register completes the publicity of the immovable property right, and the ownership and content of the immovable property right are based on the records in the immovable property register; The certificate of ownership of immovable property is only an outward manifestation of what is recorded in the immovable property register.

    In short, the immovable property register is the parent of the immovable property title, and the immovable property ownership certificate is a certificate that certifies the contents of the immovable property register. Therefore, the items recorded in the immovable property ownership certificate shall be consistent with the immovable property register; In the event of any inconsistencies in the records, the ownership of the real right shall be subject to the immovable property register, unless there is evidence to prove it and the immovable property register is found to be erroneous through legal procedures. Anyone who forges or alters a certificate of ownership of immovable property or a certificate of registration of immovable property, or buys or sells or uses a forged or altered certificate of ownership of immovable property or a certificate of registration of immovable property, shall be confiscated by the immovable property registration authority or the public security organ in accordance with law.

    Legal basisArticle 217 of the Civil Code of the People's Republic of China The certificate of ownership of immovable property is the proof that the right holder enjoys the right to the immovable property. The matters recorded in the certificate of ownership of immovable property shall be consistent with the immovable property register; In the event of inconsistencies in the records, the immovable property register shall prevail unless there is evidence to prove that there is an error in the immovable property register.

  4. Anonymous users2024-02-08

    Legal Analysis: Yes Resistant. Once the transfer procedures of the real estate certificate are completed, whoever is transferred to the property is the legal owner of the property.

    Legal basis: "Law of the People's Republic of China on the Management of Urban Real Estate" Article 61 To obtain land use rights by way of transfer or allocation, an application for registration shall be made to the local people's land management department at or above the county level, and the land use right certificate shall be issued by the local people's land management department at or above the county level. If a house is built on the land for real estate development obtained in accordance with the law, it shall apply for registration with the local people's real estate management department at or above the county level with the land use right certificate, and the local people's real estate management department at or above the county level shall verify and issue a house ownership certificate.

    When real estate is transferred or changed, it shall apply to the local people's ** real estate management department at or above the county level for real estate change registration, and apply to the people's ** land management department at the same level for registration of land use right change with the changed house ownership certificate. Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws.

  5. Anonymous users2024-02-07

    Only the house ownership certificate is not allowed to handle the transfer registration, and if you want to go through the transfer registration, you must submit materials to the registration authority.

    When applying for registration, the parties shall provide necessary materials such as proof of ownership and the boundary address and area of the immovable property according to different registration items. When a party applies to the registration authority for modification of registration, it shall provide the necessary materials to the registration authority according to the different registration items. Therefore, when handling the registration of the Tu Nai Ru household, not only the house ownership certificate is required, but also other materials, such as the house sale, the house sale contract should be provided.

    1. What materials to submit when accepting houses from others.

    The donee who accepts the donated real estate shall apply to the real estate management agency for change of registration and submit the following documents:

    1) Application form;

    2) Proof of identity of the relevant parties;

    3) The original real estate property right certificate;

    4) Letters of Gift and Notarial Deeds;

    5) Notarial certificate of bequest, death certificate of the donor, and certificate of bequest;

    6) Deed tax receipts.

    When applying for registration, the parties shall provide necessary materials such as proof of ownership, real estate address, and area according to different registration items.

    Second, the normal transfer process of second-hand housing.

    Second-hand housing sale and transfer process: 1. The buyer and seller first reach an agreement and sign the house sale contract; 2. The parties concerned should bring their ID cards, household registration books, and housing sales contracts to the registration authority to apply for registration; 3. The registration authority shall review the application materials for the applicant's transfer registration, and the transfer registration shall be initiated if the conditions are met. In second-hand housing transactions, there are many disputes arising from the transfer of ownership.

    Therefore, many people who buy second-hand houses will worry that they will encounter trouble when going through the transfer procedures. However, in fact, understanding the transfer process and precautions of second-hand housing can effectively reduce the occurrence of disputes.

    Article 211 of the Civil Code provides that when a party applies for registration, it shall provide necessary materials such as proof of ownership and the boundary address and area of the immovable property according to different registration items.

  6. Anonymous users2024-02-06

    The process of transferring property rights is: 1. When signing a house sales contract, the terms of the contract and the terms of breach of contract must be clearly written; 2. Prepare this high material to the real estate bureau and fill in the ** and stock contract; 3. After the application materials for the transfer of real estate are handed over to the Real Estate Bureau, the tax shall be paid according to the date stated on the receipt given by the Real Estate Bureau, which generally takes about 15 working days; 4. After the real estate transfer tax is paid, you can get the real estate certificate. Article 60 of the Law of the People's Republic of China on the Administration of Urban Real Estate

    The state implements a system of registration and issuance of certificates for land use rights and house ownership.

    Article 1087 of the Civil Code of the People's Republic of China provides that in the event of a divorce, the confiscation of the joint property of the husband and wife shall be handled by agreement between the two parties; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

  7. Anonymous users2024-02-05

    After the property rights are registered, the real estate registration agency will issue a new property ownership certificate, and the original property ownership certificate will be withdrawn and invalidated.

    1. Relevant legal provisions.

    Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property

    Article 20 The immovable property registration authority shall, in accordance with the immovable property register, fill in and issue a certificate of ownership of immovable property or a certificate of registration of immovable property.

    In addition to the registration of mortgages, easements, advance notices, and objections, and the issuance of real estate registration certificates to the applicants, the real estate registration authority shall issue the real estate ownership certificate to the right holder in accordance with the law.

    The certificate of ownership of immovable property and the certificate of registration of immovable property shall be stamped with the special seal of the immovable property registration authority.

    The style of the certificate of ownership of immovable property and the certificate of registration of immovable property shall be uniformly prescribed by the Ministry of Land and Resources.

    Article 22 Where the certificate of ownership of immovable property or the certificate of registration of immovable property is defaced or damaged, the party concerned may apply to the immovable property registration authority for reissuance. If the conditions for renewal are met, the immovable property registration authority shall reissue it and withdraw the original immovable property ownership certificate or immovable property registration certificate.

    If the immovable property ownership certificate or the immovable property registration certificate is lost or destroyed, and the immovable property right holder applies for reissuance, the real estate registration agency shall issue it 15 working days after publishing the statement of loss or loss of the real estate right holder on its portal**.

    Where a real estate registration authority reissues a certificate of ownership of immovable property or a certificate of registration of immovable property, it shall record the matters of the reissuance of the certificate of ownership of immovable property or the certificate of registration of immovable property in the register of immovable property, and indicate the words "reissued" on the certificate of ownership of immovable property or certificate of registration of immovable property.

    Article 23 Where the immovable property registration authority needs to take back the certificate of ownership of immovable property or the certificate of registration of immovable property due to the loss of immovable property rights, it shall indicate the items in the immovable property register for the resumption of the certificate of ownership of immovable property or the certificate of registration of immovable property; If it is truly impossible to recover, it shall be invalidated by an announcement on the portal of the real estate registration agency** or in a newspaper or newspaper issued locally.

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