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The transfer of ownership usually needs to be done at the Housing Exchange Center of the Real Estate Bureau. The process of real estate certificate transfer: 1. Go to the registration information and verification agreement window to go through the information registration and agreement verification procedures; 2. Go to the real estate appraisal window to go through the appraisal procedures; 3. Go to the notary window to go through the notarization procedures; 4. Bring the following materials:
ID card, household registration book, real estate certificate, house purchase contract, house purchase, land certificate, tax payment certificate and other documents.
[Legal basis].Measures of the People's Republic of China for Housing Registration》 Article 32 In the event of any of the following circumstances, the parties shall apply for registration of the transfer of housing ownership after the relevant legal documents take effect or the facts occur:
a) Buying and selling; b) interchangeable;
3) gifts; 4) Inheritance and bequest.
Article 33 stipulates that the following materials shall be submitted to apply for the registration of the transfer of ownership of a house:
1) Application for registration;
2) Proof of the applicant's identity;
3) Certificate of ownership of the house or certificate of real estate rights;
4) Materials proving the transfer of ownership of the house;
5) Other necessary materials.
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The transfer of real estate needs to be handled at the real estate registration center, and the materials to be provided and the fees to be paid are different according to the different methods of transfer.
Go to the real estate registration center in advance to consult before processing, so that it is not easy to delay time.
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Legal analysisNational laws and regulations stipulate that the people's construction administrative departments of provinces, autonomous regions and municipalities directly under the Central Government shall manage the transfer of urban real estate within their respective administrative areas. The people's real estate administrative departments of districted cities and counties need to be responsible for the management of urban real estate transfers within their respective administrative areas.
That is, the local real estate management department is responsible for handling the transfer of property rights.
[Legal basis].Article 34 of the Measures for the Administration of Urban Real Estate Mortgage If the real estate is mortgaged with a house ownership certificate obtained in accordance with the law, the registration authority shall record other rights on the original "House Ownership Certificate" and receive it by the mortgagor. and issue the "Housing Other Title Certificate" to the mortgagee.
If the mortgage is based on a pre-sold commercial house or a project under construction, the registration authority shall make a record in the mortgage contract. If the mortgaged real estate is completed during the mortgage period, the parties shall re-register the real estate mortgage after the mortgagor has obtained the real estate ownership certificate.
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Real estate transfer to the housing registration management department (the parties bring their ID cards, household registration books and housing property rights certificates to the housing registration management department to apply for transfer registration, the housing registration management department will review the submitted materials, and the transfer will be approved if the conditions are met, and the property right certificate will be issued.) )<
The transfer of real estate should be handled by **.
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The real estate transfer is handled: the housing registration management department (the parties bring their ID cards, household registration books and housing property rights certificates to the housing registration management department to apply for transfer registration, and the housing registration management department will review the materials submitted for the reform, and the transfer will be approved and the property right certificate will be issued if the conditions are met. )<
Real estate transfer refers to the acquisition of real estate through transfer, sale, gift, inheritance and other historical methods, and the procedures for changing the property rights of the house are handled by the housing ownership registration center, that is, the whole process of transferring property rights 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.
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The transfer of real estate should be handled by the real estate management department where the property is located.
Real estate transfer refers to the acquisition of real estate through transfer, sale, gift, inheritance, etc., and the procedures for changing the property right at the housing ownership registration center, that is, the whole process of transferring the property right from Party A to Party B. The information required for the transfer of real estate is as follows:
1. Application form for real estate transfer registration;
2. Proof of identity of the applicant for housing transfer. The original ID card of the seller and a copy of the ID card. If you are married, you need the original and copy of the marriage certificate and the original real estate certificate, if one of the husband and wife cannot be present, you must first write a power of attorney and then go to the notary office to notarize, the household registration book and a copy, and the buyer is the original ID card and a copy of the ID card, the household registration book and a copy.
Property Closing Process:
1. The transfer of the real estate certificate must be clearly written down the terms of the contract and the terms of breach of contract, and the party with the name on the seller's real estate certificate must be present when signing the contract (if it is married, both husband and wife need to be present and sign, even if there is only one person's name on the real estate certificate);
2. After the application materials are ready, you must go to the real estate bureau to fill in some ** and a stock contract, and the amount on the stock contract must be the same as the amount on the signed contract
3. After the application materials for the transfer of real estate are submitted to the Real Estate Bureau, the Real Estate Bureau will give a receipt to pay the tax according to the date stated on the receipt form, which generally takes about 15 working days;
4. After the real estate transfer tax is paid, you can get the real estate certificate.
Provisions on the Administration of Urban Real Estate Transfer" Article 4 The construction administrative department centralizes the management of the national urban real estate transfer. Provincial and autonomous region people's construction administrative departments centralized management of urban real estate transfer within their respective administrative areas. Municipalities directly under the Central Government, cities and counties people's ** real estate administrative departments (hereinafter referred to as the real estate management departments) are responsible for the management of urban real estate transfer within their respective administrative areas.
Law of the People's Republic of China on the Administration of Urban Real Estate Article 38 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) Where judicial or administrative organs make rulings or decide 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.
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After having a real estate, you can dispose of it at will, you can transfer it to others, or you can sell it directly to others, so when you handle the real estate transfer with the other party, which department do you need to go to? Below, in order to help you better understand the relevant legal knowledge, I have compiled the following content, I hope it will be helpful to you.
1. The transfer of real estate needs to be handled by **
This is all done at the housing authority where the house is located.
Second, the real estate transfer process
1. If the transfer of the real estate certificate does not go through the real estate intermediary, the terms of the contract and the terms of breach of contract must be clearly written, and the party named on the seller's real estate certificate must be present when signing the contract (if it is married, both husband and wife need to be present and signed, even if there is only one person's name on the real estate certificate).
2. After the application materials are ready, you must go to the real estate bureau to fill in some ** and a stock contract, and the amount on the stock contract must be the same as the amount on the signed contract
3. After the application materials for the transfer of real estate are submitted to the Real Estate Bureau, the Real Estate Bureau will give a receipt to pay the tax according to the date stated on the receipt form, which generally takes about 15 working days;
4. After the real estate transfer tax is paid, you can get the real estate certificate.
The above content is related, if you want to handle the real estate transfer with the other party, you need to handle it at the housing transfer center where the house is located now, and you need to be present with both yourself and the other party in the process of processing.
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The transfer of real estate shall be handled by the real estate management department of the local people's ** at or above the county level. The protection of immovable property in China is confirmed and protected through registration and transfer, and the owner of the house and the right to use and control the house have are confirmed.
Interim Regulations on the Registration of Immovable Property
Article 7. The registration of immovable property shall be handled by the county-level people's ** real estate registration agency where the immovable property is located;
The people of municipalities directly under the Central Government and cities divided into districts may determine that the immovable property registration agencies at the same level shall uniformly handle the registration of immovable property in their respective districts. The registration of immovable property that crosses county-level administrative regions shall be handled separately by the immovable property registration agencies of the county-level administrative regions that cross county-level administrative regions.
Urban Real Estate Management Act
Article 63.
If the people of the province, autonomous region, or Wangjian City directly under the central government determine that the local people at or above the county level are responsible for the management of real estate and land management by one department, they may make and issue a unified certificate of property rights for houses and bridges, and in accordance with the provisions of Article 61 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 respectively included in the real estate right certificate.
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Legal analysis: The applicant shall submit the following documents to the registration authority: Application for Real Estate Registration (original), identity certificate (copy), certificate of real estate right (original), notarized document of inheritance or notarial certificate of will, notarial certificate of acceptance of bequest (original), deed tax payment certificate (original).
Legal basis: "Law of the People's Republic of China on the Administration of Urban Real Estate" Article 62 When real estate is mortgaged, the mortgage registration shall be handled with the department specified 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 handled in accordance with the provisions of this Chapter.
The People's Republic of China Urban Real Estate Management Law "Article 7 Construction administrative departments, land management departments in accordance with the provisions of the division of powers, each performing its own duties, close cooperation, management of the national real estate work. The institutional setup and functions and powers of the local people's real estate management and land management departments at or above the county level shall be determined by the people of the provinces, autonomous regions and municipalities directly under the Central Government.
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