According to the "Housing Registration Measures":
Fifth housing registration agencies shall establish a unified housing registration book within their respective administrative areas. The housing register is the basis of the ownership and content of housing rights and is managed by the housing registration agency.
Twenty-fifth housing registration agencies shall, according to the records of the housing register, issue a certificate of housing ownership to the obligee. The house ownership certificate is the proof that the obligee enjoys the house right, including the House Ownership Certificate and the House Ownership Certificate.
If the registered house is owned by * * *, the house registration agency shall indicate the words "owned by * * *" on the house ownership certificate. After the advance notice registration, mortgage right registration of construction in progress and other matters stipulated by laws and regulations are recorded in the house registration book, the house registration agency will issue the registration certificate.
Twenty-sixth housing ownership certificate, registration certificate and housing register records are inconsistent, unless there is evidence to prove that the housing register is indeed wrong, otherwise the housing register shall prevail.
Article 41 If the original obligee fails to apply for cancellation of registration after the registered ownership of the house is destroyed, the house registration agency may cancel the registration according to the effective legal documents of the people's court or the arbitration commission or the effective expropriation decision of the people's government, record it in the house register, recover the original house ownership certificate or declare it invalid.
Extended data:
Case: It's too late to regret giving the property to my son.
1986, Mr. Li, who lives in Huilong Town, Qidong City, Jiangsu Province, married Huang and his son was born one year later. 1993, the couple built a three-story building and two bungalows with a total area of 234.24 square meters.
From June 5438 to February 2000, Mr. Li had an affair and wanted a divorce. After several efforts, Huang still failed to save her husband's heart. Helpless, in the end, they chose to divorce by agreement, and their son Xiao Wei lived with his mother.
Thinking that it is not easy for his ex-wife to raise his son alone in the future, Mr. Li felt a little sorry and decided to give his son Xiao Wei all three bedrooms and one living room in a building of 1 17. 12 square meters, and indicated it in the divorce agreement.
Later, Mr. Li handed over the property right certificate of the house involved to his ex-wife, voluntarily moved out of the house involved and set up another family with others. However, due to the policy reasons at that time, both parties failed to register the change of property rights in time.
The relationship between father and son has always been cold.
Unexpectedly, Mr. Li Can's son, Xiao Wei, has been unwilling to forgive his betrayal of his family for more than ten years, and he is also ungrateful for his real estate gift. What makes him even more chilling is that when he meets his son at the head of the village, he is always cold-faced, strangers and sometimes even abusive.
At the beginning of this year, Mr. Li learned that the house he gave his son was facing demolition, so he hurriedly discussed with Xiao Wei the ownership of compensation for demolition. All's well that ends well, jack shall have Jill. Before they said a few words, Xiao Wei rushed up and punched his father, which further aroused Mr. Li's dissatisfaction with his son.
Father broke his word and demanded it back.
Mr. Li thought that the house he gave to his son had not been registered for property right change, and as the donor, he had the right to cancel it unilaterally, so he sued his son to the court and requested to cancel the house he gave.
The court held that the house involved was built during the existence of the plaintiff's husband-wife relationship and was owned by both husband and wife. In the divorce agreement, the plaintiff gave the house involved to the defendant, indicating that there was no fraud or coercion. The donee has actually occupied and used the house and its property right certificate. This gift has come into effect and should be protected by law.
As the house belongs to real estate, according to the relevant provisions of China's Property Law and Urban Real Estate Management Law, the ownership transfer of the house needs to be registered, and the two parties in this case have not gone through the formalities of change, so the ownership of the house involved is still nominally owned by the plaintiff. Therefore, if the defendant needs to go through the relevant demolition compensation procedures, he must get the cooperation and assistance of the plaintiff.
On the basis of distinguishing the facts and responsibilities, the presiding judge concluded that the plaintiff still felt guilty about the defendant's mother and son, and the defendant's resentment against his father could not be completely eliminated in a short time, but considering his father's current economic situation, he was willing to make some concessions.
To this end, the judge in charge did not simply handle the case, but proceeded from making up for family ties, rationally interpreting the truth that family ties are greater than money, and guiding both sides to treat and deal with the problem rationally. After many times of patient mediation by the judge, the father and son finally understood each other and reached the aforementioned mediation agreement.
References:
Phoenix. It's too late to regret giving the property to my son.