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The other party dared to forge the real estate certificate, he had eaten the gall of a leopard. This is called the crime of forging official documents of state organs. You can let him go to jail. You first call the police, and then the court sues and asks the other party to return the money to you and compensate you for your losses.
If you are not a rural hukou, you cannot buy a self-built house in a rural area, and if you are a rural hukou, you can ask the other party to transfer the house to you.
The crux of the matter is that the other party has forged official documents of state organs and has committed a crime, so he will have to go to prison for this article. You can inform the other party of this matter, and if the other party doesn't want to go to jail, they will either lose your money or transfer the house to you. He did it himself.
If the other party has a bad attitude, then you should go directly to the court to sue and let his turtle son go to prison. Web Links.
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All housing transactions will have a written agreement, in black and white, but the establishment of the agreement is based on the premise of authenticity, if it is found that the document is forged, the original agreement will naturally not be established, and you can file a lawsuit with the court to apply for a judgment of invalidity.
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You can go to court and sue him and ask him to give you the real title deed, and if he doesn't give it to you, he can use the law to protect you and let him return the money to you.
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You should go to the relevant department that handles the land certificate and go through the change procedures.
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Your question is what to do if the land certificate and real estate certificate given to the rural place you bought are fake, and it is the name of the original owner? I think that if this situation is indeed false, then if you don't admit it, then you can take the evidence and go to the people's court to prosecute them.
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There is nothing wrong with the fake certificate given by the owner of the rural land that was bought, and the name of the certificate is the name of the original owner.
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In this case, it is best to go to the local land department to go through the change procedures in accordance with the legal procedures.
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Just go through the legal process to solve it.
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Legal analysis: It is important that the name on the land certificate and the real estate certificate are not the same, because the following differences between the land certificate and the real estate certificate will have an impact.
1. The land certificate is a common name for the "state-owned land use right certificate" obtained by an individual. The Real Estate Management Law stipulates that the purchased commercial housing shall have a "state-owned land use right certificate" and a "house ownership certificate". Without it, it will be difficult to fundamentally safeguard one's legitimate rights and interests.
But most buyers never cared about it and never got it. In fact, the land certificate is as important as the real estate certificate.
2. The real estate certificate buyer obtains 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. That is, the "Housing Ownership Certificate" is a legal certificate 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. According to China's current housing ownership registration system, housing registration is a statutory publicity method for the ownership of urban housing rights.
3. From a legal point of view, the real estate certificate and the land certificate are the proof that the owner owns the property and the right to use the land, and the two are inseparable.
Legal basis: Law of the People's Republic of China on the Administration of Urban Real Estate
Article 60: The State implements a system of registration and issuance of certificates for land use rights and housing ownership.
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 people at the same level after verification 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 registration of real estate change, and apply to the people's ** land management department at the same level for registration of change of land use right with the changed house ownership certificate, and the people's ** land management department at the same level shall replace or change the land use right certificate after verification by the people's ** land management department at the same level.
Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws.
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The title deed and the land deed are inseparable. From a legal point of view, the real estate certificate and the land certificate are the proof that the owner owns the property and the right to use the land, and the two are inseparable.
Legal basis: Article 2 of the Land Management Law of the People's Republic of China The People's Republic of China implements the socialist public ownership of land, that is, the ownership of the whole people and the collective ownership of the working people.
The ownership of the whole people is simple, that is, the ownership of all land owned by the state is instructed by *** on behalf of the state.
No unit or individual may occupy, buy, sell, or illegally transfer land in any other form. Land use rights may be transferred in accordance with law.
The State may, for the sake of the public interest, expropriate or expropriate land in accordance with the law and provide compensation.
The State implements the system of pre-compensation for the use of state-owned land in accordance with the law. However, the State shall not allocate the right to use state-owned land within the scope prescribed by law.
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Summary. Hello.
If you buy land in the countryside, it is also more important to write whose name is written on the land certificate, and the name on the land certificate indicates that this is the contractor, but now the rural land certificate also belongs to a family, and the land certificate is generally written in the name of the head of the household, and the head of the household still has the right to carry out after his death.
However, it is also necessary to pay attention to understand the term of the land, now there is a corresponding period of land in the countryside, and the village collectives will still be able to ** the land after the expiration of the land term, and of course the land can also be redistributed, which depends on the actual situation.
I hope mine can help you and I wish you a happy life.
If you buy land in the countryside, do you have the name of the real estate certificate written on it? It's better to write the name without the title deed.
Hello in the countryside to buy land, the land certificate is written on the name of the pure stuffy person is also more important, the name on the land certificate indicates that this is the contractor, but now the rural ruler land certificate also belongs to a family, and the land certificate is generally written on the name of the head of the household, after the death of the head of the household, it is also the right to make potatoes. However, it is also necessary to pay attention to understand the term of the land, now there is a corresponding period of land in the countryside, and the village collectives will still be able to ** the land after the expiration of the land term, and of course the land can also be redistributed, which depends on the actual situation. I hope mine can help you and I wish you a happy life.
Because now the old houses in the countryside are beginning to apply for real estate certificates, and the names of the parents are written? Or is it better to have the name of one of them?
There is no limit on the number of names in the rural real estate certificate, if the name is added, it will belong to the common in the future, and it will also cause everyone to have more than one suite, after multiple suites, the policy will require the payment of taxes, restrictions on housing loans and other issues If the name of the parents is added to the real estate certificate, it will cause two old people to pass the inheritance tax after the death of the hall, which is much higher than the property tax that everyone pays now, so the rural real estate certificate does not mean that the more names are written, the better, you can give a suggestion, It is best to have only one person's name written on the rural title deed.
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Legal analysis: 1. The land certificate and the real estate certificate are the same Wu Ying person, but the name is inconsistent, you need to go to the local land bureau or housing management bureau to change the land certificate or real estate certificate (which is the wrong to change which) to see if there is a previous name on the household registration book, whether it can reflect the same person, if it cannot reflect the relatives, you need to go to the police station where the household registration is located to open a certificate to renew the certificate. If it is not the same person, it is necessary to apply to the Land and Resources Bureau for a change of registration.
2. The real estate certificate and the land certificate are inseparable. From a legal point of view, the real estate certificate and the land certificate are the proof that the owner owns the property and the right to use the land, and the two are inseparable. 3. The land use right certificate, also known as the state-owned land use right certificate, refers to the legal certificate of the state-owned land use right issued by the people at all levels of the city upon the application of the land user.
The certificate mainly states the name of the land user, the location and use of the land, the area of the land use right, the service life and the scope of the land. The number of the state-owned land use right certificate can be inquired by the Land Management Bureau of the land jurisdiction. Generally, after the developer obtains the "Construction Land Planning Permit", there will be a "State-owned Land Use Certificate".
That is to say, the developer has a project plan, and the first permission is issued to issue a "Construction Land Planning Permit", and then the land can be used, so the "State-owned Land Use Certificate" is issued.
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 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.
Something different to prove.
The land use certificate is a document that proves that you have the right to use the land, and the real estate certificate is a document that proves that you have the right to use the house, and the rights you have are different, the land use certificate means that you have the right to use the land, and there is no right to buy and sell the land. >>>More
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Title deed of commercial housing.
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Rural self-built houses do not have land certificates to apply for real estate certificates: >>>More
First of all, we must apply for the original unit to receive the general land use certificate, and the "state-owned land use certificate" of the cadres and workers participating in the housing reform shall be unified by the housing reform unit to the land bureau of the district where the land is located to apply for land sub-household registration with the housing sales agreement and the approval document of the housing reform office. >>>More