What should I do if someone else transfers the real estate certificate without the knowledge of the

What should I do if someone else transfers the real estate certificate without the knowledge of the parties?You can file an administrative lawsuit against the Housing Authority. It is also possible to sue the current owner of the house in a civil lawsuit.

Legal analysisAccording to the relevant laws and regulations, the property rights of real estate such as houses are subject to registration, so when buying a house, it is necessary to register the transfer of property rights of the house. If the transfer of the house certificate has not gone through a real estate agency, the terms of the contract and the terms of breach of contract must be clearly written, and the party named on the seller's house certificate needs to be present when signing the contract, and if it is married, both parties need to be present and signed, even if there is only one person's name on the house certificate. After the application procedures for the transfer of ownership of the house are handed over to the Housing Bureau, the Housing Bureau will issue a receipt to pay the tax according to the time stated on the receipt form, which usually takes about 15 working days.

The real estate certificate refers to the certificate that the 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. The State implements a unified registration system for immovable property, and the scope of unified registration, registration institutions and registration methods shall be prescribed by laws and administrative regulations. Therefore, it is generally impossible for a house to be transferred without the knowledge of the owner of the property.

However, it is also possible to be transferred without the knowledge of the owner of the property. If this kind of impersonation signs the real estate transfer certificate, the transfer is invalid, and the interested party may apply for the revocation of the house transfer and require the impostor to bear legal responsibility.

Legal basisArticle 220 of the Civil Code of the People's Republic of China Where the right holder or interested party believes that the matters recorded in the immovable property register are wrong, they may apply for correction of the registration. Where the right holder recorded in the immovable property register agrees in writing to make the correction or there is evidence to prove that the registration is indeed in error, the registration authority shall make the correction. If the right holder recorded in the immovable property register does not agree to the correction, the interested party may apply for registration of objection.

If the registration authority registers the objection, and the applicant does not file a lawsuit within 15 days from the date of registration of the objection, the objection registration shall become invalid. If the opposition is improperly registered and causes damage to the right holder, the right holder may claim damages from the applicant.

1. You can file an administrative lawsuit and sue the Housing Authority; 2. You can sue the current owner of the house in a civil lawsuit. An important point is that the change of property rights should be confirmed by your signature in the past, as long as you apply for handwriting identification, you can identify that it was not written by you.

1. Read the will; The real estate title deed is the name of the deceased old man, and the old man's will is required to transfer the property. If the old man's will clearly states which child will inherit the property, then just take the old man's death certificate, household register, will and proof of the relationship between the old man and his children directly to the real estate department for transfer.

2. Look at the spouse: If the old man's wife is still alive, and the property is purchased by two people after they have a marital relationship, it belongs to the joint property of both parties. Then the living old man should inherit this property as a matter of course.

If the old man has a will, then he can only give the property belonging to the deceased party to the heirs in the will, and the remaining half will continue to be owned by the surviving wife. If this is the case, you need to take the death certificate, household register, will, and family relationship certificate to transfer the property.

3. If there is a situation where both elderly people have passed away and there is no will, the heirs need to bring the death certificate, household register, inheritance agreement and family relationship certificate to handle the transfer.

4. If the only child inherits and transfers, if the old man has only one child under his knees, he must take his only child holding certificate, the death certificate of the elderly, and the family member certificate to the notary office to carry out the inheritance certificate, and then go to the real estate bureau to defend the household.

Legal basis

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.

Legal analysis: You can entrust others to handle the transfer procedures on your behalf. If you can't go to the site to handle it, you need to go to the notary office to handle the "Notarial Certificate of Entrustment" first, and then the entrusted person can go to the housing management department to transfer the ownership with the ID card, household registration book, marriage certificate, property right certificate, entrusted notarization matters and other procedures.

Legal basis: Article 165 of the Civil Code of the People's Republic of China: Where the authorization is in writing, the power of attorney shall indicate the name of the person, the matter, the authority and the time limit, and be signed or sealed by the person being the recipient.

Legal analysis: 1. Sign a contract.

If the transfer of ownership of the house is not carried out by a real estate agent, the buyer and seller need to clearly write the corresponding terms and breach of contract clauses in the signed contract to avoid unnecessary disputes.

2. Application for transfer.

Prepare the relevant materials required for the transfer, and then the buyer and seller go to the real estate bureau to apply for the transfer, fill in some ** and a stock contract, the amount on the stock contract must be the same as the amount on the contract.

3. Pay taxes and fees.

After the application materials for the transfer of real estate are submitted to the real estate bureau, there will be a receipt form, which will clearly indicate the date and time of tax payment, and the tax can be paid within the specified time, generally about 15 working days.

4. Handover of the house and receive a new real estate certificate.

After the property transfer tax is paid, the real estate certificate can be obtained, and the buyer and seller will hand over and the transfer will be completed.

Legal basis: Civil Code of the People's Republic of China

Article 217 The certificate of ownership of immovable property is proof that the right holder enjoys the right to the immovable property. The matters recorded in the certificate of ownership of immovable property shall be consistent with the immovable property register; In the event of inconsistencies in the records, the immovable property register shall prevail unless there is evidence to prove that there is an error in the immovable property register.

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. Natural resources that belong to the state in accordance with the law may not be registered for ownership.

1. Will someone else transfer your house if they have a real estate certificate?

No, it's basically useless for someone else to hold your real estate certificate, because you need to sell a house and get a mortgage.

If the real estate certificate is lost and someone else takes it, it can neither be sold, nor can it be used as a mortgage loan for the property, and it is useless, because no matter what you do, you need the real estate certificate and your ID card. And you can also go to the real estate transaction center to report the loss.

Second, the role of the property right certificate.

1. Protect the legitimate rights and interests of housing rights holders. The legitimate rights and interests of the owner of the house refer to the right of the right holder to occupy, use, benefit and dispose of his or her real estate in accordance with the law. This right will only take effect after the right holder has registered the property right with the ** real estate administrative authority and received the house property right certificate, which is protected by national law.

2. Maintain the order of the real estate market. The essence of a real estate transaction is the transfer of property rights for a real estate. The market behavior of real estate is based on clear property rights, whether it is the sale, exchange, lease and mortgage of real estate, or the asset restructuring and investment promotion generated by the development of modern economy, etc., all require clear property rights and legal property rights certificates as a guarantee.

3. Provide information for urban construction management and judicial administration. Real estate ownership management is the basis and core of real estate administration, accurate and complete property registration information is an important information for the management of buried real estate, the cultivation of the real estate market for urban construction and management, the current implementation of housing system reform, old city renovation, house demolition, as well as civil legal activities of the division of property, inheritance, gifts, ownership dispute mediation, all rely on the perfect property rights registration and issuance system, and the resulting real estate archives and atlas and other property registration information as the basis.

3. The legal effect of the property right certificate.

The housing ownership registration and issuance system stipulates that the applicant shall, in accordance with the provisions of the state, apply for housing ownership registration at the people's ** real estate administrative department where the house is located and receive the housing ownership certificate. The housing ownership certificate, that is, the property right certificate, is the specific embodiment of the housing ownership registration and issuance system.

The Administrative Measures for the Registration of Urban Housing Ownership stipulates that "the housing ownership certificate is the only legal certificate for the right holder to have the legal rights of the house in accordance with the law and to exercise possession, use, benefit and disposal of the house." The right to housing registered in accordance with the law is protected by national law. ”

Because the housing ownership certificate is a legal certificate issued to the right holder after being reviewed and confirmed by the real estate administrative organ, and its reputation and administrative behavior are used to prove and guarantee its authenticity and legitimacy, and any other materials and certificates do not have such authority, so it is said to be the "only legal certificate".

China's constitution stipulates that the state shall protect socialist public property and protect citizens' ownership of legitimate income, savings, houses, and other lawful property. The legal protection of the national law for houses registered in accordance with the law is embodied in:

Confirmation of property rights, restoration of the property in the event of damage, removal of obstacles to living and use, compensation for losses caused by others, etc.

Summary. Hello, dear, the house has a title deed to sell the house to me without knowing that he has sold to someone else, and someone else has done the property right, what should I do as follows: you have purchased the house and hold the title deed, but without knowing it, the seller resold the same house to another buyer and the buyer also handled the title deed, in this case you need to verify the authenticity and chronological order of the title deed.

If your title deed was issued before the transaction and the other buyer's title deed was issued after the transaction, then you have the earlier title and therefore your title takes precedence. You can defend your property rights through legal means.

The house has a title deed, and he sold the house to me without knowing it, and he sold it to someone else, and someone else took the property right, what should I do.

Hello, let Hui Qin, the house has a property right certificate to sell the house to me without knowing that he has sold it to others, and others have done the property rights What should I do as follows: You have purchased the house and hold the property right certificate, but without knowing it, the seller resold the same house to another buyer and the buyer also handled the property ownership certificate, in this case you need to verify the authenticity and time sequence of the property ownership certificate. If your title deed was issued before the transaction and the other buyer's title deed was issued after the transaction, then you have the earlier title and therefore your title takes precedence.

You can defend your property rights through legal means.

However, if the other buyer's title deed is processed before the transaction, your purchase contract may be deemed invalid. In this case, you need to negotiate with the seller to resolve the issue or take legal action against the seller.

The seller has not yet transferred the account, and he has sold it to others after I don't know the situation, dear, has he signed a contract with you?

The contract was signed. The seller and he made a transfer with another person.

If the seller is unwilling to compensate or unable to solve the problem, you can vote to the local real estate transaction supervision department, consumer associations and other relevant departments.

Then I will go to the court to sue or go to the local real estate transaction department.

Dear, it is recommended that you first contact the seller and make clear your position and ask them to complete the transfer process as soon as possible. If the seller is still unwilling to perform the obligations of the seller, you can go to the court to sue the seller for breach of contract and require him to bear the liability for breach of contract.

If the lawsuit goes to court, the house will eventually be awarded to whom.

Kisses, contracts, including chat logs, must be saved.

Kissing, it depends on how the court decides.