Legal analysis
Small property houses can be given to children. Although small property houses cannot be registered or changed according to law, they are legal things after all. According to the provisions of relevant laws, if the property right is acquired by inheritance or bequest, it will take effect from the beginning of inheritance or bequest. Small property houses are houses built on collective land. According to the current policy, the government generally does not support them. Only the township government and the village level can issue property certificates to such houses, so they are called "township property houses" and "small property houses". The so-called small property rights issued by the township government actually have no real property rights. This kind of house has no land use certificate and pre-sale permit issued by the state, and the purchase contract will not be filed with the State Administration of Land and Housing. The so-called title certificate is not really legal and effective. From the price point of view, rural property houses are cheaper than ordinary commercial houses, and the price is only 40% ~ 60% of the price of commercial houses in the same position; From the perspective of housing form, it is also an ordinary house; Judging from the construction procedure, it belongs to the transformation of old villages or the construction of new villages. There is no examination and approval management by the management department of the Urban Planning and Construction Committee, and there is no supervision and inspection during the construction process. Small property houses occupy collective land. According to relevant national laws, this kind of land can only be used for agricultural production or as the homestead of farmers. Land use rights shall not be sold, transferred or leased for non-agricultural construction. It has no property right, and there is no land use certificate and pre-sale permit, so the small property right has no property right.
legal ground
Article 143 of the Civil Law of People's Republic of China (PRC) is valid if a civil juristic act meets the following conditions: (1) The actor has corresponding capacity for civil conduct; (2) the meaning is true; (three) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.