Can a rural house be transferred without a real estate certificate without a record?

Ownership can be transferred. The house has a real estate certificate and can be transferred without a record.

Procedures for the transfer of ownership of real estate.

1) Thirty days after the signing of the housing transaction contract, both parties shall submit their anger to the real estate management department with a valid real estate certificate, their own valid identity certificate, and a transfer contract, and declare the transaction**. This country is easy to calculate taxes.

2) The relevant departments of real estate shall review the relevant documents and make a written reply to the letter of birth within 15 days.

3) The real estate management department verifies the property and conducts an on-site assessment.

4) The parties to the real estate transfer pay certain taxes and fees, and the real estate management department issues the transfer certificate.

The transfer of ownership of rural houses with real estate certificates is strictly restricted, and the villagers who meet the requirements are among the villagers and with the consent of the village committee.

The legal basis is the Measures for Housing Registration

1) The name or title of the owner of the house is changed;

2) The location of the house is changed;

3) An increase or decrease in the area of the house;

4) Dividing or merging houses by the same owner;

5) Other circumstances provided for by laws and regulations.

Article 86: Where the ownership of a house is transferred in accordance with law, and an application for registration of the transfer of ownership of the house is applied, the following materials shall be submitted:

1) Application for registration;

2) Proof of the applicant's identity;

3) Certificate of ownership of the house;

4) Proof of the right to use the homestead or the right to use the land for collectively owned construction;

5) Materials proving the transfer of ownership of the house;

6) Other necessary materials.

Those who apply for registration of the transfer of ownership of villagers' houses shall also submit supporting materials proving that the rural collective economic organization has agreed to the transfer.

Where a rural collective economic organization applies for registration of the transfer of ownership of a house, it shall also submit supporting materials with the consent of the villagers' meeting or the authorization of the villagers' meeting and the consent of the villagers' representative meeting.

Article 87: Where an application for registration of the transfer of ownership of a rural villager's housing is not a member of the rural collective economic organization where the house is located, the housing registration authority shall not handle it except as otherwise provided by laws and regulations.

The sale and purchase of private houses in rural areas cannot be transferred without real estate. China's "Urban Real Estate Management Law" clearly stipulates that real estate that has not been registered and received a certificate of ownership in accordance with the law shall not be transferred. In addition, private houses in rural areas generally cannot apply for property ownership certificates.

[Legal basis].

Article 38 of the Urban Real Estate Management Law shall not transfer the following real estate: (1) the land use right obtained by way of transfer does not meet the conditions provided for in Article 39 of this Law; (2) Where judicial or administrative organs make rulings or decisions 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.

The contract for the sale and purchase of rural houses without transfer of ownership shall take effect, but only the creditor's rights shall be enjoyed for the houses, and no changes in property rights shall occur. The failure to register the property right of the house and the failure to transfer the ownership of the house is a matter of change of property right, which does not affect the validity of the sales contract.

[Legal basis].Article 209 of the Civil Code.

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.

Article 215.

Unless otherwise provided by law or otherwise agreed by the parties, a contract between the parties relating to the creation, modification, transfer and extinction of immovable property 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.

Legal Analysis: No transfer is allowed without a real estate certificate. At present, China adopts a property rights registration system, and only houses that have obtained real estate certificates can be retraded, and houses without real estate certificates are not filed in the housing authority, and there is no transfer of ownership.

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.

Houses that have not obtained the real estate certificate for the record cannot be registered, and the property right certificate and other materials need to be prepared for the transfer registration.

Article 209 of the Civil Code of the People's Republic of China The establishment, 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. Natural spike resources that belong to the state in accordance with the law may not be registered.

The house cannot be transferred without a title deed. The so-called transfer is to go through the procedures for changing the registration content of the real estate certificate, and there is no transfer without the real estate certificate. And according to the law, a house that has not obtained a real estate certificate in accordance with the law cannot be transferred.

Article 37 of the Law of the People's Republic of China on the Administration of Urban Real Estate shall not transfer the following real estate: (1) Yuankai, which has obtained the right to use the land by way of transfer, does not meet the conditions stipulated in Article 38 of this Law; (2) Where judicial or administrative organs make rulings or decisions 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. Orange celery called.

Article 11 of the Land Management Law The land owned by the peasant collectives belongs to the village peasant collectives in accordance with the law, and shall be operated and managed by the village collective economic organizations or villagers' committees; Where the farmer collectives already belong to two or more rural collective economic organizations in the village, they shall be operated and managed by the respective rural collective economic organizations or villager 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.

A house without a title deed cannot be transferred. Because to apply for transfer to the real estate transaction management department, you must provide a simple real estate certificate, otherwise the application will not be approved, and the request for transfer will also be rejected due to the lack of real estate certificate. Moreover, according to the laws of the country, a house that has not obtained a real estate certificate in accordance with the law cannot be transferred.

Article 6 of the Administrative Provisions on the Transfer of Urban Real Estate, Article 7 of the Administrative Provisions on the Transfer of Urban Real Estate, and Article 38 of the Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property.

Law of the People's Republic of China on the Management of Urban Real Estate

Article 61.

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 the 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.

Civil Code of the People's Republic of China

Article 210.

The registration of immovable property shall be handled by the registration authority where the immovable property is located. The State implements a unified registration system for immovable property. The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.