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Legal Analysis: Inherited houses that have not been acquired can be bought and sold. In the case that the property rights have not been obtained, the act of signing the house sale contract between the two parties is an act of creditor's rights, not an act of real rights, and as long as it meets the requirements for the establishment of the contract, it should be deemed that the contract is valid.
Legal basis: Article 1123 of the Civil Code of the People's Republic of China 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; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement. Article 1127 Inheritance shall be inherited in the following order:
1) First order: spouse, children, parents; (2) Second order: siblings, grandparents, maternal grandparents.
After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir, the second-order heir shall inherit. For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren. For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship.
The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.
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If there is no property right certificate for the house, the conclusion of the sales contract is not necessarily invalid, as long as it meets the valid requirements prescribed by law, it should be deemed to be imitated.
Legal basis: Legal basis: Article 38 of the Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property in Jingdai Those who apply for registration of the right to use state-owned construction land and the transfer of ownership of houses shall submit the following materials according to different circumstances:
1) Certificate of ownership of immovable property;
2) Contracts of sale, exchange, and gift;
3) Materials inherited or bequeathed;
4) Split or merger agreements;
5) Legal documents effective by the people's courts or arbitration commissions;
6) The approval documents of the people** or the competent department with the right to approve;
7) Receipts of payment of relevant taxes and fees in Liangdalu;
8) Other necessary materials.
If the immovable property sales contract shall be filed in accordance with the law, the applicant shall submit the recorded sales contract when applying for registration.
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Properties that have not been deed of ownership cannot be bought or sold. China's law stipulates that the purchase and sale of houses must be subject to the registration of ownership, but the property without the real estate certificate cannot be registered for transfer, and the law of our country does not protect the transaction of rotten property without transfer registration.
Legal basis: Article 200 of the Civil Code Article 200 The establishment, 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.
The ownership of natural resources that belong to the State in accordance with the law may not be registered.
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Legal Analysis: A property without a title deed is not allowed to be traded. China stipulates that the purchase and sale of real estate shall be subject to the registration of ownership transfer (that is, "transfer"), and the real estate without the property right certificate cannot be transferred, and the state does not protect the real estate transaction that does not have the right to live.
Legal basis: Article 209 of the Civil Code of the People's Republic of China 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.
The ownership of natural resources that belong to the State in accordance with the law may not be registered.
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You can't do without obtaining a house title certificate. According to the law, the following real estate is not transferable:
A) the acquisition of land use rights by way of transfer but does not meet the conditions prescribed by law;
2) Judicial and administrative organs have made rulings in accordance with law and decided to seal up or otherwise restrict real estate rights;
3) recovering the right to use land in accordance with law;
4) Jointly owning real estate, and the banquet is made 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.
1. Can I buy a private house?
Private suites cannot be bought without a title deed.
According to the provisions of Article 38 of the Law on the Administration of Urban Real Estate, 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) Judicial and administrative organs have made rulings in accordance with law and decided to seal up or otherwise restrict 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 laws or administrative regulations prohibit transfer.
2. Which of the following properties is not transferable?
The following real estate is not transferable:
1) Obtaining land use rights by way of transfer.
2) Obtaining land use rights by way of allocation, which does not comply with the relevant provisions of the Real Estate Management Law.
3) Where judicial or administrative organs make rulings in accordance with law and decide to seal up or otherwise restrict real estate rights.
4) Recovering the right to use land in accordance with law.
5) Co-ownership of real estate without the written consent of other co-owners.
6) The ownership is disputed.
7) Houses that have not been registered to receive a certificate of ownership in accordance with the law.
8) Other circumstances where laws or administrative regulations prohibit transfer.
Regulations on the Administration of Urban Real Estate Transfer
Article 6 The following real estate shall not be transferred:
A) to obtain the right to use land by way of transfer but does not meet the conditions provided for in article 10 of these provisions;
2) Judicial and administrative organs have made rulings in accordance with law and decided to seal up or otherwise restrict real estate rights;
3) recovering the right to use land in accordance with law;
4) Jointly owned real estate, without the written consent of someone from another common source;
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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Houses that have not been acquired cannot be bought or sold. The house ownership certificate is the proof of ownership of the house, ** the house that has not obtained the property right belongs to the right to dispose of it, and there is no obstacle of the property right certificate, and the transfer procedures cannot be registered according to law.
[Legal basis].Article 38 of the Law on the Administration of Urban Real Estate.
The following real estate is not transferable:
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) Judicial and administrative organs have made rulings in accordance with law and decided to seal up or otherwise restrict 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 laws or administrative regulations prohibit transfer.
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Paragraph 6 of Article 38 of the Law on the Administration of Urban Real Estate stipulates: "Real estate that has not been registered and received a certificate of ownership in accordance with the law shall not be transferred. "According to the provisions of the Civil Code, a contract between the parties relating to the creation, modification, transfer and extinction of real estate rights shall take effect upon the conclusion of the contract, unless otherwise provided by law or otherwise agreed in the contract; If the property right is not registered, the validity of the contract shall not be affected.
Therefore, a house without a title deed can be bought and sold under a contract, but it cannot be transferred. In the event of a dispute arising from the sale and purchase contract, the buyer may file a lawsuit with the people's court based on the valid sales contract, and urge the seller to actively handle the property right certificate and go through the transfer procedures.
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Minors can apply for a house ownership certificate. The following conditions are required for minors to apply for real estate certificates: 1. The minor's house shall be registered by his guardian on his behalf.
2. Provide proof of guardianship and ID card of the guardian. 3. Minors should provide their ID cards or household registration certificates issued by the police station.
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It cannot be transferred without obtaining the property ownership certificate. According to the provisions of the relevant laws of the People's Republic of China, the following real estate shall not be transferred: (1) the land use right is obtained by way of transfer but does not meet the conditions prescribed by law; (2) Where judicial or administrative organs decide to seal up or otherwise restrict real estate rights in accordance with law; (C) the resumption of land use rights in accordance with the 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 the transfer.
Article 6 of the Regulations on the Administration of Urban Real Estate Transfer.
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You can't buy or sell because you can't prove that the house is yours without a title deed.
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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) Judicial and administrative organs have made rulings in accordance with law and decided to seal up or otherwise restrict 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 laws or administrative regulations prohibit transfer.
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