What are the procedures for the transfer of real estate, and what are the procedures for the transfe

The procedures required for the transfer of ownership are as follows:

1. Transfer of ownership of the car: The seller needs the owner's ID card, vehicle driving book, registration certificate, original invoice (transfer ticket) for car purchase and copies of the above documents; The buyer needs an ID card, (temporary residence permit) and all photocopies;

2. House transfer: the seller brings ID card, household registration booklet, marriage certificate, real estate certificate, land certificate, and house sales contract; The buyer should bring his ID card and household registration booklet.

Clause. 1. The seller's ID card and household registration book are required for the sale and purchase of second-hand houses, which is a necessary condition for registration in the real estate department.

Clause. Second, if the person selling the house is a married person, then you need the marriage certificate of the other party, and it is also important to check the seller's real estate certificate and land certificate.

Clause. Third, it is necessary to check the content of the house sale contract.

Clause. Fourth, there must be a confirmation of the married seller, that is to say, both the seller and the husband and wife must participate, and the husband and wife must sign in person to the local housing property registration department to determine.

Clause. 5. Prepare the seller's own ID card and household registration booklet, and the seller needs to go to the local housing property registration department to sign.

[Legal basis].

Article 6 of the Regulations on the Administration of Urban Private Housing.

The owner of a private house in the city must go through the ownership registration procedures with the housing management authority where the house is located, and after examination and verification, obtain the house ownership certificate; When the ownership of the house is transferred or the current status of the house is changed, it is necessary to go to the housing management authority where the house is located to go through the registration procedures for the transfer of ownership or the change of the current status of the house. The first paragraph of Article 9 stipulates: "To buy and sell a private house in the city, the seller must present the house ownership certificate and identity certificate, and the buyer must go through the formalities with the housing management organ where the house is located with the house purchase certificate and identity certificate."

The word "shall" in the above two paragraphs means "must", which is a mandatory norm, and the parties must go through the registration procedures for the transfer of ownership when buying and selling a private house, that is, the purchase and sale of a house without going through the registration procedures is "private purchase and private sale", so its contract is invalid.

Legal analysis: 1. The seller asks the buyer to conduct a property rights investigation; 2. The buyer and seller sign the purchase contract; 3. The real estate management department verifies the declared transaction**; 4. The intermediary company goes through the loan procedures for the buyer at the relevant bank; 5. The parties to the real estate transfer shall pay the relevant taxes and fees in accordance with the regulations; 6. The real estate management department issues the transfer form.

Legal basis: "Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property" Article 38 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) Proof of payment of relevant taxes and fees;

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.

Legal analysis: The following procedures are required for the transfer of real estate: 1. Apply in writing to the real estate registration agency; 2. Submit the registration application, personal identity certificate, housing property right certificate and other relevant materials; 3. After the initial review by the staff, the acceptance decision will be made when the requirements are met; 4. In accordance with the prescribed procedures, go through the transfer registration procedures.

Legal basis: Interim Regulations of the People's Republic of China on Real Estate Registration

Article 20 The immovable property registration authority shall complete the formalities for the registration of immovable property within 30 working days from the date of acceptance of the application for registration, except as otherwise provided by law.

Article 21 The registration of registered items shall be completed when they are recorded in the immovable property register. When the immovable property registration authority completes the registration, it shall issue the immovable property ownership certificate or registration certificate to the applicant in accordance with the law.

First of all, it is necessary to sign a contract for the sale and purchase of a house or a contract for the purchase of a house. According to the Law of the People's Republic of China on the Administration of Urban Real Estate and the Regulations on the Administration of Urban Real Estate Transfer of the Ministry of Construction, and other laws and regulations, if the transfer of real estate is carried out within the scope of state-owned land in the urban planning area, the parties involved in the transfer of real estate must sign a written transfer contract.

The main contents that should be stated in the contract include: the names and residences of both parties, the name and number of the real estate ownership certificate, the location, area and boundaries of the real estate, the land parcel number (the number of each land use right certificate approved by the Land Planning Bureau), the method and term of acquisition of the land use right, the use or nature of the real estate, the transaction and the method of payment, the time of delivery of the real estate, the liability for breach of contract, and other matters agreed by both parties.

Secondly, the procedures for the transfer of ownership of the house should be handled. The procedure for the transfer of ownership of a property is as follows:

1. Within 30 days after the signing of the housing sales 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 give a written reply to 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 certificate.

After going through the above formalities, both parties shall obtain the real estate ownership certificate in accordance with the provisions of the Real Estate Management Law of the People's Republic of China by virtue of the transfer procedures

Certificate of Title to Housing;

Sales contract (original);

The original and photocopy of the ID cards of both parties;

Application for registration of housing rights (to be collected at the reception counter).

[Legal basis].

Urban Real Estate Management Act

Article 62 When real estate is mortgaged, the mortgage registration shall be handled with the department prescribed by the local people's ** at or above the county level. Where land use rights and house ownership are obtained as a result of the disposal of mortgaged real estate, the transfer registration shall be completed in accordance with the provisions of this Chapter.

The procedures required for the transfer of ownership of real estate vary depending on the method of transfer. 1. Transfer of inherited property1. The heir needs to go to the public security bureau where the decedent's household registration is located to apply for the death certificate of the decedent; 2. The heir needs to go to the Municipal Public Security Bureau or the District Public Security Bureau to apply for the heir certificate; 3. The heir shall bring the above materials, identity documents, the real estate certificate of the deceased or other forms of real estate certificate to the housing management transaction where the house is located to go through the procedures for the transfer of inherited real estate.

2. Gift and transfer1. After the parents and children sign a written gift letter, the gift letter is notarized by a notary public. 2. Parents and children should bring relevant materials to the housing management where the house is located to go through the registration of housing gift and transfer procedures.

3. Pay relevant taxes and fees. 4. Go through the real estate transfer procedures with relevant documents and materials and obtain a new real estate certificate. Clause.

3. Sale and transfer(1) The buyer and seller sign the sales contract; (2) After the contract is signed, apply to the local real estate management department of the real estate with the real estate ownership certificate, the legal certificate of the parties, the sales contract and other relevant documents, and declare the transaction**; (3) The real estate management department shall review the relevant documents provided and make a written reply on whether to accept the application within 7 days. If no written reply is made within 7 days, it shall be deemed to have agreed to accept the application; (4) The real estate management department shall verify the declared transaction** and conduct on-site investigation and evaluation of the transferred real estate as needed; (5) The parties shall pay the relevant taxes and fees in accordance with the regulations; (6) The real estate management department handles the registration procedures for house ownership and issues the real estate ownership certificate.

Article 61 and Article 38 of the Law of the People's Republic of China on the Administration of Urban Real Estate, Article 38 and Article 7 of the Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property.

Legal analysis: The procedures for handling the real estate transfer procedures are as follows: 1. Within 30 days after the signing of the housing sales contract, both parties shall apply to the real estate management department with the real estate ownership certificate, the legal certificate of the parties, the sales 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. Pay relevant taxes and fees in accordance with regulations; 5. The real estate management department shall issue the transfer certificate.

After going through the above formalities, both parties shall obtain the real estate ownership certificate in accordance with the provisions of the Real Estate Management Law of the People's Republic of China by virtue of the transfer procedures

Legal basis: "Real Estate Management Law of the People's Republic of China" Article 62 Where the people of provinces, autonomous regions and municipalities directly under the Central Government determine that the local people at or above the county level are responsible for real estate management and land management by a unified department, they may make and issue a unified real estate right certificate, and in accordance with the provisions of Article 60 of this Law, the ownership of the house and the confirmation and change of the land use right within the scope occupied by the house shall be included in the real estate right certificate respectively.

Procedures required for the transfer of ownership of the property:

1. The buyer and the seller (if the seller is married, both husband and wife must be there) should apply for the transfer of property rights to the real estate transaction management department with the sales agreement, the ID cards of both parties (both the seller and the husband and wife should also have a household registration book), and the original "House Ownership Certificate"; and declare the transaction**;

2. The real estate transaction management department requires the real estate of the transaction to be evaluated according to the needs (in fact, it is necessary, because the real estate transaction management department is generally in the same group as the real estate appraisal agency);

3. The buyer shall pay the deed tax to the financial department, and the seller shall declare and pay the business tax and individual income tax to the local taxation bureau (there are preferential policies according to the situation), and any buyer and seller (one party can also be agreed in the contract or agreement) shall pay the transaction fee and production cost to the real estate transaction management department;

4. Wait for the "House Ownership Certificate".

5. The buyer shall go to the land and resources management department to go through the procedures for changing the land use right with the new "House Ownership Certificate" and the original "Land Use Right Certificate", and receive the new "Land Use Right Certificate".

Materials required for the transfer of real estate:

1) Application form for registration of real estate transfer;

2) Proof of identity of the applicant;

3) Certificate of Real Estate Rights;

4) The administrative decision of the relevant administrative organ, the real estate sales contract, (if it needs to be notarized according to the regulations, the notarized real estate sales contract shall be submitted) or the notarized real estate gift letter, or the notarized real estate inheritance certificate, or the real estate exchange agreement, or the real estate division agreement;

5) If a mortgage has been created, a written document with the consent of the mortgagee shall be submitted;

6) The people's court shall submit an effective judgment, ruling, mediation document and notice of assistance in enforcement for compulsory transfer;

7) For the transfer of real estate by unincorporated enterprises and organizations, the approval documents of the property rights department agreeing to the transfer shall be submitted;

8) administrative allocation, reduction and exemption of land premium, shall be submitted to the competent authority of the approval documents and proof of payment of land premium;

9) To obtain real estate by bidding, auction and listing, the confirmation of winning the bid, the confirmation of the auction transaction, the contract for the transfer of land use rights and the certificate of payment of the land price shall be submitted;

10) If it is a welfare commercial house, it should be submitted to the relevant competent department for approval;

11) Demolition compensation shall be submitted to the demolition compensation agreement;

12) Opinion of the co-owners of the real estate agreeing to the transfer;

13) In the case of acquisition or merger of enterprises, the approval documents of the relevant departments shall be submitted;

14) real estate allocation between state-owned enterprises or other organizations, 15) other documents stipulated by laws, regulations, rules and normative documents.

1. Procedures required for the transfer of inheritance property

1. The heir shall go to the public security bureau where the decedent's household registration is located to apply for the death certificate of the decedent.

2. The heir needs to go to the Municipal Public Security Bureau or the District Security Bureau to notarize the identity of the heir.

3. The heir shall bring the real estate certificate, land certificate or other real estate certification documents of the deceased to the housing management to go through the real estate transfer procedures.

2. Procedures required for the transfer of house gift

1. The donor and the donee enter into a written contract on the gift of the house, that is, the letter of gift.

2. The donee of the real estate gift transfer shall pay the deed tax and receive the deed certificate in accordance with the provisions of the Provisional Regulations on Deed Tax with the original house ownership certificate and gift letter.

3. The donor of the real estate gift transfer will deliver the house to the donee. The "delivery" here is subject to the registration of the property rights of the house. That is, the donor and the donee shall, within three months from the date of delivery of the donated house, apply to the housing management authority for registration of the transfer of rights with the original house ownership certificate, gift letter and deed and the identity certificates of both parties.

Data Extensions

Real estate transfer refers to the transfer of real estate through transfer, sale, gift, inheritance, etc., and go to the housing ownership registration center to go through the procedures for changing the property rights. That is, the whole process of transferring the property right of the house from Party A to Party B. There are several different situations of real estate transfer, such as inherited real estate transfer, gift real estate transfer, second-hand housing transfer, etc.