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Can the demolition compensation house get a real estate certificate, 1. Can the demolition compensation house get a real estate certificate. In principle, the real estate for demolition compensation shall be registered and issued according to the nature of the demolished real estate. The following information should be submitted at the time of application:
1) Application for Registration of Real Estate Transfer; 2) Proof of identity; (3) Demolition compensation agreement certified by the planning and land department or the old city reconstruction office; (4) If there is a price difference between the compensation and the demolished real estate, a copy of the invoice for making up the difference and a certificate of payment of the difference issued by the developer shall be submitted. 2. If the applicant meets the above requirements and the materials that should be submitted are complete, the application shall be approved; If the materials are incomplete, it shall be handled after the materials are complete. 3. The registration price of the demolition compensation house is generally registered according to the construction cost of the newly built house; If the price difference is paid, the price difference will be included in the registration price.
4. If the demolition compensation house is a commercial real estate, the red-skinned "Real Estate Certificate" can be transferred; If it does not belong to a commercial house, a green "real estate certificate" will be issued and cannot be transferred.
According to Article 10 of the Inheritance Law of the People's Republic of China, the inheritance shall be carried out in the following order: First-order heirs: parents, spouses, children Second-order heirs:
Brothers, sisters, grandparents, maternal grandparents After the inheritance begins, the inheritance shall be carried out by the first-order heirs, the second-order heirs shall not inherit, and the second-order heirs shall inherit if there is no first-order heirs Therefore, in the case that your father did not leave a legal and valid will during his lifetime, after his estate enters the legal inheritance procedure by the legal first-order heirs, your grandparents, your father's legal spouse, and your father's children (including legitimate children, illegitimate children, adopted children, and stepchildren with dependency relationships) If there is a first-order heir, then your uncle and uncle have no right to participate in the division of your father's estate The other party's practice should now be illegal If the other party continues to make trouble unreasonably and interfere with your life You can call the police ** will be dealt with according to the law.
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This is unreasonable If the old man is still there, then the old man is willing to give whom, who can transfer, if the old man dies, and the house is not distributed to anyone, then each brother has a share, so the transfer must also be approved by the brothers...
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Hukou has nothing to do with real estate.
The rights of the owner of the house are not affected by whether the household registration is in the same place as the property. The ownership of the property is not necessarily related to the person on the household register. The real estate certificate clearly indicates the ownership of the property, and the household registration book clearly indicates the location of the household registration.
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There is no direct connection between the hukou and the real estate certificate, but after having the real estate certificate, you can settle down, and the owner of the house on the property right certificate can be the head of the household on the household registration book, or not.
Homeowner credentials to manage and use their own home. Title deeds include house ownership deeds and house co-ownership deeds. The house ownership certificate is the buyer through the transaction, to obtain the legal ownership of the house, can exercise the right to occupy, use, benefit and dispose of the purchased house in accordance with the law.
The household register refers to the booklet that registers the name, place of origin, date of birth, etc. of the householder. China's household registration book is a basic household document that comprehensively reflects the basic information of the population, such as personal identity, kinship, and legal address.
Article 5 of the Regulations of the People's Republic of China on Household Registration states that "household registration shall be based on the household. Where they reside together with the person in charge, they shall be established as one household, and the person in charge shall be the head of the household. If you live alone, you will be the head of your own household.
Households residing in government agencies, organizations, schools, enterprises, institutions, and other units and public dormitories are established together or separately. The head of household shall be responsible for filing the household registration in accordance with the provisions of this Regulation.
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The property owner registered in the real estate certificate is the owner of the house, and the real estate certificate is required to settle down, but the fact that the household registration is located in the house does not mean that he has property rights to the house, and no matter how many people have the household registration in the location of the house, it has nothing to do with the property rights.
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Whose name is written on the title deed, is whose house, if there is a hukou, even if the title deed does not have yours, but you have the right of residence, if the person on the title deed wants to sell the house to ask you.
If you want to sell a house, first of all, the people on the real estate certificate agree to sell, these people are divided into money, and the people on the household registration book seem to be, if you don't move out of the household registration, you can't sell it, that is, if you have someone on the household registration book who is not on your real estate certificate, you have to agree to move out before you can sell the house, and it is not penny.
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Regarding your question, Xiao Wang will answer! The family owner sells the property, as long as the buyer does not ask or sells the house without moving the household registration, the property right on the first floor has little to do with the household registration, but you need to bring the property right certificate to settle down!
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In fact, there is no fundamental relationship between the two, with the real estate certificate you can settle in the local settlement, of course, the name of the real estate certificate can be the person on the household register, of course, it can not be. Whose name is written on the real estate certificate is whose real estate, even if you have a hukou, without your name on the real estate certificate, it is not your house, at most you have the right to live.
Generally speaking, the purchaser of the house is also the person who owns the house, and the name on the title deed is naturally filled in the person's name, and the name on the title deed is a legal and valid proof of someone's ownership of the house. Therefore, generally speaking, whoever is in the name of the property owner is the property owner. However, in reality, due to the sharing of family property by husband and wife, parents and children, there is often a situation where the person registered on the property right certificate is inconsistent with the actual property owner, which is manifested in the following aspects:
1) Co-ownership. If there is no agreement between the husband and wife during the marriage relationship, the house is the joint property of the husband and wife, which is the so-called legal presumption of joint property of the husband and wife. At this time, no matter who the name on the house title deed is, the effect is the same, that is, both husband and wife have half of the share.
2) Gift-giving relationship. If a parent or child voluntarily donates a house to a child or parent, it is a gratuitous property transfer between families, and must be notarized and registered for property rights transfer, otherwise the legal effect of property rights transfer will not occur. At this time, the person who fills in the property right certificate is the property owner.
3) Inheritance. According to the relevant provisions of China's "Inheritance Law", the inheritance of the house starts from the time of the death of the decedent. If the decedent has a will, he shall inherit according to the will, and the house shall be transferred to the name of the testamentary heir; If there is no will, it shall be handled according to the statutory inheritance.
There are two types of legal succession order: spouse, children, and parents. Second order:
Brothers, sisters, grandparents, maternal grandparents. The succession shall be inherited by the heirs in order first, and if there are no heirs in order, the heirs in the second order shall inherit the succession. The law also stipulates that the inheritance of the house should be a dual inheritance of rights and obligations, that is, the inheritance can only be inherited after the debts have been paid.
The commencement of legal inheritance gives rise to the division of the house, so that the legal heirs jointly enjoy the right to inherit the house according to their share of the inheritance.
4) Supportive relationship. In the housing reform and sale of houses, some elderly people do not have the financial ability to buy the cost price of the house, and their children who have the financial ability and are willing to sponsor can indicate it in the purchase agreement, and notarize to prove the fact, which is conducive to the future distribution of house property rights. If it is not recorded, it can only be regarded as the property rights of the elderly, and it can only be distributed according to inheritance after the death of the elderly.
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To check the household registration of the real estate certificate, you can go to the local police station to inquire. However, it is necessary to issue a real estate certificate, a purchase contract, or an intermediary contract with an intermediary.
If the original head of household does not take the initiative to move out of the household, there is no way to forcibly relocate the original household registration, and if the contract does not specify the cost of breach of contract, the court will not accept it, and the public security organs cannot force the relocation.
Therefore, when buying and selling second-hand houses, it is necessary to write the deadline for moving out of the household registration into the contract.
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If the original head of household does not take the initiative to move out of the household registration, there is no way to forcibly relocate the original household registration, and the contract does not specify the cost of breach of contract separately, and the court will not accept it, and the public security organs cannot force the relocation.
Therefore, I would also like to tell friends who are about to buy second-hand houses that when buying second-hand houses, the household registration issue must be written into the contract and the cost of breach of contract must be formulated, and before handing over the house, you must go to the police station to check the situation of moving out of the household registration, especially for buyers who need to go to school.
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Only the police can check the household registration, but ordinary people can't check it, and the police who go to the public security bureau generally won't help check it. If the original owner does not move out of the hukou, there is no way. It is recommended that buyers who are in a hurry to move in to the household should ensure that the original owner moves out of the household account or signs an agreement to move out within a certain period of time before confirming the transaction.
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You can only go to the police station under the control of your house to go to the police station, and there is a household registration window. Go ask.
If the original owner does not move out of the household registration as agreed, you can go to the local police station to file a statement.
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I don't know which district you bought the house in, if it's in Tianhe District, it's easy to do, because I did a thing for a customer last year, the original owner didn't know where he went, and then I went to ask the Tianhe District Household Certificate Center what to do in this situation, they told me that now they have a new way is to lock the front of the account, and then you don't need to pay attention to him to apply for the household directly, when the time comes, you can provide the household registration information and the real estate certificate, a little different is that it takes 50 days to approve, If there is no household registration hanging on it, it can be done on the same day, so this is not a big problem, if you want to check, you can call** to the household certificate center to check, but that** is difficult to enter, you need to keep re-pulling.
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The Pengpu Town Police Station in Shanghai's Jing'an District also did not check it, saying that even if it is my house, someone's household registration is someone's privacy ......
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There is no special rule that says that the hukou must be with the title deed.
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BAI of title deeds
Hukou migration. There are two situations, one is the migration of local households, and the other is the migration of foreign households.
If the local indoor entrance is moved, you can take the house ownership certificate or deed tax certificate to the police station where the property is located; For the relocation of foreign household registration, first of all, there must be a property right certificate, not a simple deed tax certificate, and there are different regulations on the area of the house settled in the household registration and whether to take out a loan.
There are also different rules for the relocation of school districts.
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Look at you in **, I can only tell you the rules of my city, you hold the real estate certificate, as long as the real estate certificate has your name on it, bring your belonging.
The original household registration book can go to the police station to move into the household registration, and there is no need to go to the original place of residence to handle the household registration and move out, which is the operation method of Shanghai, and you can consult the 962110 Shanghai Public Security Consultation Network for details. As for how the regulations in your city are, you can go to the police station to ask, the general household registration police encounter this situation more, and the effect is better than asking the real estate department.
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The current Fajin household registration has nothing to do with you getting the real estate certificate, and the household registration needs to be handled according to the requirements of the household registration, which varies from place to place.
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Here we first apply for a permit to move at the police station where the property is located, and then go back to the place where the household registration is located to move out of the household registration, and finally settle down.
The relocation of household registration should follow the principle of household consistency and registration of residence. Citizens need to apply for personal relocation, a permit for relocation of the place of relocation, a permit for relocation of the place of relocation, a certificate of identity, proof of residence, and if they have been married, they can bring a marriage certificate and obtain the consent of the police station of the place of relocation.
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