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Yes, the name of the real estate certificate can be changed through the transfer of ownership.
Real estate certificate transfer process:
1. Go to the "Registration Information and Verification Agreement" window to go through the formalities of information registration and agreement verification;
2. Go to the "Real Estate Valuation" window to go through the appraisal procedures;
3. Go to the "notarization" window to go through the notarization procedures;
1.The applicant's resident ID card or household registration booklet and its photocopy;
2.If the person applies on behalf of the client, the entrusting person shall submit the power of attorney and ID card and its copy; Other ** persons need to submit proof of ** right qualifications;
3.Certificate of ownership of the inherited property;
4.Death certificate of the decedent;
5.If the legal heir is deceased, the death certificate and kinship certificate must be submitted;
6.Proof of marriage, parents, children and relevant kinship of the decedent;
7.Other certificates and materials that the notary deems necessary to be submitted;
4. Go to the "Private Transaction" window to go through the transaction procedures;
5. Pay stamp duty at the "Deed Tax and Stamp Duty" window;
6. Go to the "Property Rights Registration and Issuance Certificate" window to go through the procedures for changing the name of the "House Ownership Certificate".
Materials required for the transfer of real estate certificate:
1) Application for registration;
2) Proof of identity of the applicant;
3) Certificate of house ownership or real estate right;
4) Documents proving the transfer of ownership of the house;
It can be a sales contract, an exchange contract, a gift contract, a bequest certificate, an inheritance certificate, a division agreement, a merger agreement, a legal document effective by a people's court or arbitration commission, or other materials proving the transfer of ownership of the house.
The main taxes that need to be paid are:
1. Deed tax: generally 1% of the house price (1% can be paid for the area of less than 90 square meters and the first house, paid for the area of more than 90 square meters and less than 144 square meters, and 4% for the area of more than 144 square meters).
2. Business tax: If the real estate certificate is less than 5 years old, the property certificate can be exempted from business tax after five years.
3. Personal income tax, 1% (real estate certificate can be exempted if it is the only house for 5 years).
4. Transaction fee: 3 yuan per square meter (but generally the buyer needs to pay the transaction fee of both parties, that is, 6 yuan per square meter).
5. Surveying and mapping fee: according to the specific provisions of each district.
6. Ownership registration fee and evidence collection fee: generally within 200 yuan.
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The name on the real estate certificate can be changed, and generally speaking, the situation that requires the real estate certificate to change the name occurs in three situations: buying and selling second-hand houses, gifts, and inheritance.
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Go to the household registration office (police station) to issue a certificate, then go to the notary office to notarize, and then go to the housing management bureau to handle it.
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Legal Analysis: Yes. The addition of the title deed can be divided into two situations:
There is a house without a loan, there is a house with a loan, and there is no blood relationship. If you have a house or a loan, you will have to bring the original and photocopies of the three certificates (marriage certificate, ID card, and real estate certificate). (2) Go to the real estate transaction center in the area where the house is located, go to the pre-inspection window for material review and submission, and go to the relevant window with the serial number given by the staff after the material review is complete.
Legal basis: Civil Code of the People's Republic of China
Article 200 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 self-contained resources that belong to the state in accordance with the law may not be registered.
Article 214 Where the creation, alteration, transfer or extinction of real estate rights shall be registered in accordance with the provisions of law, they shall take effect when they are recorded in the real estate register.
Article 215:Unless otherwise provided by law or otherwise agreed by the parties, a contract concluded between the parties concerning the creation, modification, transfer or 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.
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Legal Limb Good Analysis:
Usually it is not possible to tease lead, and the collective real estate certificate indicates that the property rights of the house belong to the collective, and it cannot be transferred to an individual at will. The real estate certificate of the collective office belongs to the small property right house, and the small property refers to the right to destroy the right of the house usually cannot be transferred to the name of the individual. The so-called property right certificate is not a real legal and valid property right certificate.
Legal basis: Civil Code of the People's Republic of China Article 214 Where the creation, alteration, transfer and extinction of immovable property rights shall be registered in accordance with the provisions of law, they shall take effect when they are recorded in the immovable property register.
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Collective property ownership certificates usually cannot be changed to individuals, and collective property ownership certificates indicate that the property rights of the house belong to the collective and cannot be transferred to individuals at will.
1. Does the grandpa's homestead grandson have the right to live?
Rural homesteads cannot be inherited. According to China's laws, homestead land belongs to the collective ownership of farmers, and individual citizens have no ownership, only the right to use. The ownership and use rights of the homestead are separated, the ownership of the homestead belongs to the collective, the right of use belongs to the owner of the house, and the right to use the homestead of rural villagers is based on the specific identity of the "villager".
Villagers only have the right to use the homestead and cannot dispose of the homestead at will. Therefore, the homestead is not an inheritance and cannot be inherited. However, houses built on homesteads belong to individual citizens and can be inherited.
2. What are the characteristics of a collective mark?
1) A collective trademark does not belong to a single natural person, legal person or other organization, that is, it belongs to a community organization composed of multiple natural persons, legal persons or other organizations. (2) A collective trademark is a collective right that is applied for registration and owned in the name of a collective composed of members and jointly used by all members. (3) A collective mark is reflected in the use of the trademark, which is manifested in the fact that the collective organization usually does not use the collective mark, but is jointly used by the members of the organization.
4) Uniform rules should be formulated for the registration, use and management of collective marks, detailing the rights, obligations and responsibilities of the members, as well as the amount and use of the management costs, and making them public, and the members of the collective should abide by each other and be subject to public scrutiny. (5) When a claim for compensation for losses caused by the infringement of a collective trademark shall include the losses suffered by the members of the collective organization. (6) When a member withdraws from the collective, he can no longer use the collective mark.
7) Geographical indications may be registered as collective trademarks. Geographical indication is registered as a collective trademark.
3. What is the difference between a collective land use certificate and a real estate certificate?
The difference between a collective land use certificate and a real estate certificate: destroying potatoes.
1. The handling agencies are different. The real estate certificate is registered with the Housing Authority; The collective land use certificate shall be handled at the Bureau of Land and Resources;
2. Different permissions. Collective land use certificates are only issued to rural villagers who have the conditions to build houses; The real estate certificate is issued to the unit or individual who has the right to own the house, as long as there is a legal basis for ownership, anyone can apply for the real estate certificate.
Article 9 of the Land Management Law of the People's Republic of China.
The land in the urban area of the city is owned by the state.
Land in rural areas and on the outskirts of cities shall be owned by peasant collectives, except as provided by law for the State; Homesteads, self-cultivated land, and self-cultivated mountains belong to peasant collectives.
Article 11 of the Land Management Law of the People's Republic of China.
The land owned by the peasant collectives belongs to the village peasant collectives in accordance with the law, and is operated and managed by the village collective economic organizations or villagers' committees; Where a farmer's collective is already owned by two or more rural collective economic organizations in the village, it shall be operated and managed by each of the rural collective economic organizations or villagers' groups in the village; Those that are already owned by township (town) peasant collectives shall be operated and managed by township (town) rural collective economic organizations.
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Legal analysis: Usually not, the collective real estate certificate indicates that the property rights of the house belong to the collective, and cannot be transferred to individuals at will. The real estate certificate of the collective office belongs to the small property right house, and the small property right house usually cannot be transferred to the name of the individual.
The so-called property right certificate is not a real legal and valid property right certificate.
Legal basis: Civil Code of the People's Republic of China Article 214 Where the creation, alteration, transfer and extinction of immovable property rights shall be registered in accordance with the provisions of law, they shall take effect when they are recorded in the immovable property register.
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Generally, the collective real estate certificate cannot be changed into an individual, and the collective housing relying on the collective real estate certificate cannot be bought, sold, replaced, gifted, inherited, disposed of, transferred, etc. The house Sun Sen Crack of the collective real estate certificate has not been registered by the Real Estate Bureau, and it belongs to the township property certificate obtained through the approval of the district ** for construction.
[Legal basis].Article 38 of the Law on the Administration of Urban Real Estate.
The following real estate is not transferable:
1) Obtaining land use rights by way of transfer, if it does not meet the requirements 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 or administrative regulations prohibit transfer.
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Legal Analysis: The title deed can be changed in name. The real estate certificate is the proof of the ownership of the house, and the registration of the real estate certificate includes the owner.
There are many situations that need to change the ownership of the house in life, such as the house**, the gift of the house, the inheritance of the property, the name change of the husband and wife, the addition of the name, and even the change of the name of the original owner will lead to the change of ownership. At this time, it is necessary to apply to the housing management department for change registration.
Legal basis: Article 3 of the Interim Regulations on the Registration of Immovable Property These Regulations shall apply to the first registration, alteration registration, transfer registration, cancellation of registration, correction registration, objection registration, advance notice registration, seizure registration, etc. of immovable property.
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