The action of confirming rights refers to the litigation in which the parties request the people's court to confirm the existence or non-existence of a legal relationship. The action of confirmation is a lawsuit to confirm the right relationship or legal relationship, and the judgment of acknowledging this request is called confirmation judgment.
Disputes over housing property rights should be under the exclusive jurisdiction of real estate. Article 33 of People's Republic of China (PRC) Civil Procedure Law (revised 20 12) clearly stipulates that real estate disputes shall be under the exclusive jurisdiction of the people's court where the real estate is located.
Charges for confirmation cases. According to Article 13 of Chapter III of the Measures for Litigation Fees of People's Courts (hereinafter referred to as the Measures), if non-property cases do not involve specific compensation and financial division, the equal fee method of piecework taxation shall be adopted. At present, the confirmation lawsuit is charged on a piece-by-piece basis and is not linked to the value of the subject matter. Therefore, it is confirmed that the claim is charged on a piece-by-piece basis, and the general standard is 300 yuan per piece.
Matters needing attention in confirming the evidence of litigation preparation:
A natural person shall state his name, gender, age, nationality, work unit and address.
A legal person or other organization shall specify its name, domicile, name and position of its legal representative or person in charge, and fill it in accurately, especially in the name column. The address should be as detailed as possible, accurate to the house number. It is best to indicate the zip code and communication method.
Prepare the plaintiff's ID card, purchase contract, receipt or invoice of purchase price, or other evidential materials that can prove ownership;
Second, this case is best handled by a lawyer. The lawyer's fee for this case is not expensive, nor is it expensive.
Three, after confirming the rights through litigation, it is necessary to apply to the court in a timely manner to issue a notice of assistance in execution to the property management registration department, and handle the property rights as soon as possible.
Extended data:
Confirmation mode
The confirmation of housing property rights is the division and proof of the ownership of housing property rights. Adapt to the way of obtaining housing property rights, the main ways of confirming housing property rights are:
First, check whether there is the fact that the ownership of the house was originally obtained;
Second, check whether there is a fact that the property right of the house has been acquired by inheritance: the "fact" must first be based on documentary evidence and physical evidence. When there is no documentary evidence or material evidence, you can find witnesses, testimonies or other proofs. Documentary evidence and material evidence mainly include:
(1) Property right certificate, such as property right certificate issued during land reform, property right certificate obtained after building, and property right certificate obtained after property right change (property right certificate obtained through purchase, gift, inheritance, etc.).
(2) Other certificates and material evidence. Such as wills, letters, separation contracts, documents for processing fees and material fees during capital construction, tax bills for paying property taxes over the years, gifts and other documents and physical evidence that can prove the ownership of housing property rights.
③ Other certificates.
Reference source: Baidu Encyclopedia-Building Property Right Confirmation