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First, if you are a town hukou and are not a member of the collective organization where the house you are buying is located, the real estate certificate.
According to the law, it is not possible to do it in your personal name.
Second, if you are a member of the collective organization where you buy the house, you can do it in your name after publicity, and the cost is not too high.
Thirdly, if you are buying a house with a flat and the unit has a collective title deed, if you have participated in the housing reform before.
You can go to the local housing management department to register the property right, which is generally exempt from deed tax and the cost is lower.
Fourth, if you buy a house in a unit, the unit has a collective real estate certificate, has not participated in the housing reform, and is not a state-owned enterprise or administrative institution.
If you are a state-owned enterprise or administrative institution, you need to consult the local state-owned assets and housing reform department.
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If you have an urban hukou and you buy a house with a subway real estate certificate, you can't get this real estate certificate If you have a rural household registration and you buy a house with a collective real estate certificate, you can get a personal real estate certificate, but you can't trade and transfer it.
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How to apply for an individual real estate certificate for a house that has bought a collective real estate certificate, so what kind of transfer method do you think the collective was originally transferred? The real estate transaction center went to inquire about what procedures I wanted, and I could handle them. According to their needs, the formalities are given to others.
The process can be handled.
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Houses with collective property ownership certificates cannot be bought or sold, nor can individual property ownership certificates be issued.
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can be very clear about you. That is to say, at this time, you need to bring the business license of the legal person of your company, as well as the original and copy of the ID card of the legal person. Go to the local real estate certificate office to change the ownership and transfer procedures, and at this time, you need to pay the corresponding deed tax to change to the individual's name.
If there is a unit of this kind of house at this time, some tax exemption certificates will be issued at this time, that is, it belongs to the public ownership of this kind of house, so that you do not have to pay the deed tax. Therefore, at this time, you need to bring your household registration book, ID card and valid documents, as well as these tax certificates of the collective real estate certificate, and the transfer can be completed, which can be completed in two days under normal circumstances.
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Residents who change their individual real estate certificates with collective real estate certificates need to bring their ID cards and a copy, the sales agreement signed with the unit when purchasing the house and the real estate certificate issued by the unit (proving that they were originally the users of the collective real estate certificate, and now the unit agrees to apply for the individual real estate certificate), and go to the real estate management office to go through the relevant procedures.
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The only way to turn the collective direction into an individual wind farm is to spend money to buy it and go through the transfer procedures later. Invite otherwise I have a way.
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If the collective real estate certificate is converted into an individual real estate certificate, it should be a collective to go to the real estate service to go through a procedure, and the real estate department agrees, so that you can go through the procedures individually, it should be real estate, you can't need to go through a formalities, I don't know the relationship, Li Shun's is done, and the individual can do a personal real estate certificate.
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How to convert the collective real estate certificate into an individual real estate certificate, this depends on whether your practice in this place is auspicious, if the real estate certificate is to be converted into an individual real estate certificate, it is necessary to apply, if the application can be thin, but also the unit consent, in fact, it is very troublesome, the unit agrees to be able to transfer it back. Maybe it's going to be some transfer fees or something.
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This has to go to the housing authority, carry out a subdivision, pay the relevant deed tax and related fees, and you can have your own property ownership certificate.
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First of all, the group dance, the real estate certificate divides them, and after the division, they are owned by the individual, so that the collective can be transformed into an individual.
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How do I convert a collective property into an individual title deed? In order to convert a collective property ownership certificate into an individual property ownership certificate, there must be a contract and procedures for the purchase of a house in order to convert the collective property ownership certificate into an individual property ownership certificate.
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How to convert the collective real estate certificate to an individual real estate certificate, this case, you should go to the real estate certificate in time to communicate, see what kind of materials are needed, and see if it can be transferred, in general. There are a lot of formalities involved.
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If you want to convert a collective title deed to an individual title deed, you must prove that you have ownership of the property, such as a purchase contract.
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The collective real estate certificate is always everyone's, it is impossible to become your alone, you are wrong to do this, this is his behavior.
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It should be illegal and may not be allowed to convert a collective property ownership certificate into an individual property ownership certificate.
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How to transfer the real estate certificate of the collective household registration to the real estate certificate of the individual tells you that the relevant procedures are more troublesome.
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Legal analysis: Residents who change their individual real estate certificates with collective real estate certificates need to sign a sales agreement with the unit and a real estate certificate issued by the unit when buying a house, bring their ID card and a copy (to prove that they were originally the users of the collective real estate certificate, and now the unit agrees to handle the individual real estate certificate), and the real estate management office will handle the relevant procedures. The process of transferring the title deed.
1. Go to the "Registration Information and Verification Agreement" window to go through the formalities of information registration and agreement verification;
2. Go to the "Real Estate Valuation" window to go through the appraisal procedures;
3. Go to the "notarization" window to go through the notarization procedures;
1.The applicant's resident ID card or household registration booklet and its photocopy;
2.If the person applies on behalf of the client, the entrusting person shall submit the power of attorney and ID card and its copy; Other ** persons need to submit proof of ** right qualifications;
3.Certificate of ownership of the inherited property;
4.Death certificate of the decedent;
5.If the legal heir is deceased, the death certificate and kinship certificate must be submitted;
6.Proof of marriage, parents, children and relevant kinship of the decedent;
7.Other certificates and materials that the notary deems necessary to be submitted;
4. Go to the "Private Transaction" window to go through the transaction procedures;
5. Pay stamp duty at the "Deed Tax and Stamp Duty" window;
6. Go to the "Property Rights Registration and Issuance Certificate" window to go through the procedures for changing the name of the "House Ownership Certificate". Materials required for the transfer of real estate certificate:
1) Application for registration;
2) Proof of identity of the applicant;
3) Certificate of house ownership or real estate right;
4) Documents proving the transfer of ownership of the house; It can be a sales contract, an exchange contract, a gift contract, a bequest certificate, an inheritance certificate, a division agreement, a merger agreement, a legal document effective by a people's court or arbitration commission, or other materials proving the transfer of ownership of the house. Expenses required for the transfer of real estate certificate: If it is proved that the property is inherited or gifted, the beneficiary shall be charged according to the total amount
1) If it is less than 10,000 yuan, it will be charged at 1%, but the minimum fee is 10 yuan;
2) If it is more than 10,000 yuan, it will be charged at 2%.
Legal basis: Civil Code of the People's Republic of China
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. The ownership of natural resources that belong to the State in accordance with the law may not be registered.
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.
Article 211: Parties applying for registration shall provide proof of ownership and necessary materials such as the boundary address and area of the immovable property based on different registration items.
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Legal analysis]: Houses with collective real estate certificates cannot be bought. The construction of this kind of house is directly approved by the district, not registered with the housing authority, and the occupants do not have completely independent property rights to the house, and some are only rural collective real estate rights, which are called "township property rights" in the industry.
Township property rights are not property rights issued by a certain level of ** in the literal sense, and cannot be listed and traded. If the real estate certificate cannot be obtained due to the illegal development of the project, the house purchased by the buyer is at risk of being demolished or auctioned, and the buyer cannot claim its rights through legal channels. Members of collective economic organizations in the same village can buy the rest of the homestead land if they do not have it, otherwise they cannot buy it.
Legal basisArticle 11 of the Land Management Law of the People's Republic of China 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 a farmer's collective is already owned by two or more rural collective economic organizations in the village, it shall be operated and managed by each of the rural collective economic organizations or villagers' 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.
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Usually not, the collective real estate certificate indicates that the property rights of the house belong to the collective and cannot be transferred to individuals at will.
According to the laws of our country, the property rights of houses can be obtained in the following forms:
I acquire it by purchase. Buying is one of the main forms of property rights that people acquire. When buying a home, you should pay attention to the following issues:
First, it is necessary to examine whether the purchased house is legal, whether the relevant procedures are complete, and whether the seller has a legal identity; Second, a house purchase contract should be signed with the seller, in which the geographical location of the house, the purchase method, the price should be set up, the payment method, the rights and obligations of both parties and other terms should be written in detail; Third, you should go to the housing management department in time to go through the registration and transfer procedures.
Construction was obtained. This is a kind of original acquisition of house property rights, which means that the builder invests a certain amount of money to build the house, and the pure builder has the property right to the house he builds. If property rights are obtained through construction, the following issues should be paid attention to before or during the construction process of property rights acquisition:
First, attention should be paid to the legality of the construction land, that is, whether it has been approved by the relevant departments; Second, attention should be paid to the legitimacy of the relevant procedures, that is, whether there are procedures such as project establishment, planning, and commencement of construction; Third, we should pay attention to whether the quality of the house is qualified, that is, whether there is a quality inspection certificate. If there is a problem with the above-mentioned aspects that should be noted, the builder may not be able to obtain the property rights.
Received as a gift. This method of obtaining property rights refers to the original property owner donating the house to the donee through the act of donation. When going through the procedures for housing donation, the donor and the donee should sign a written gift contract and go through the transfer procedures at the housing management department.
However, if the donor donates his house to another person in order to evade his or her legal obligations, the gift shall be invalid if the interested party claims the right.
Mortgage acquisition. The so-called real estate mortgage refers to the act of the mortgagor providing the mortgagee with a guarantee for the performance of debts in a way that does not transfer possession of its legal real estate. Since mortgage is a kind of security act, when the debtor fails to perform the debt, the mortgagee has the priority right to be repaid, and the mortgagee has the right to return the mortgage when enjoying the priority of repayment.
When acquiring property rights in this way, the following points should be noted: first, the mortgagor and the mortgagee should enter into a written contract; Second, the mortgage registration formalities should be handled by the relevant departments; Third, attention should be paid to the legality of the mortgaged real estate; Fourth, if the mortgage expires and the debtor is unable to perform the debt, the debtor shall go through the relevant procedures in accordance with the relevant provisions of the mortgage contract.
Inheritance acquisition. Among the estates listed in our Inheritance Act is housing. The so-called inheritance of the house means that after the death of the decedent, the property belongs to the testamentary heirs or legal heirs.
Therefore, only the decedent's house can be inherited if it has legal property rights. When the inheritance occurs, if there are multiple heirs, the property should be discounted in accordance with the will and relevant laws and regulations, and the original property right certificate, will and other materials should be transferred to the competent department.
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If the collective real estate certificate is a joint property right, with the consent of the co-owners, the house can be transferred to the name of the individual and the transfer of property rights can be registered. Article 209 of the Civil Code of the People's Republic of China [Effect of Registration of Immovable Property Rights] 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.
Can the collective title deed be transferred?
If you want to transfer to the buyer's personal name, you must know whether the original owner has a real estate certificate, if not, the original owner must first apply for the real estate certificate, and then with the consent of the unit, before you can transfer to the buyer's name through the transfer.
Collective housing has the following main restrictions:
1. The original owner handles the real estate certificate, and then the transfer can only be made with the consent of the unit;
2. The buyer must also obtain the consent of the unit when selling the house in the future;
3. If it is a house with small property rights, it can only be transferred within a certain range with the consent of the unit, because the land use right of this house is collective and restricted, and if the land use right belongs to an individual, the transfer is not restricted.
4. According to the relevant laws and regulations of national land management, the rural residence must be the right of the villagers to enjoy, if you want to transfer the household, you can only move the household registration to the village, live for a number of years, and then you can exercise the obligations of the villagers in accordance with the law, obtain the approval of the village committee or the village collective, recognize that you are the population of the village, and agree to issue a certificate for you to use the homestead before you can go through the transfer procedures. Since this kind of house has no real property rights, and there is no land use certificate and pre-sale permit, although it can be traded, it is very risky.
Follow these steps to apply for a title deed:
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