As for real estate registration, the most typical problem is the housing settlement problem in Yanjiao, Hebei Province that was exposed at the beginning of this year. When the owners of several local commercial housing complexes changed their registration, they found that the registered property rights had shrunk and they were unable to settle down. Among them, it means that the house needs to be bought and sold, it is impossible to apply for a mortgage loan from the bank, and it is impossible to handle property inheritance. Later, similar problems were exposed in Shijiazhuang, Handan, Hebei, Zhengzhou, Henan and other places.
Obviously the owner holds a real estate certificate, why are there problems with the property rights?
Property registration cards are issued for a variety of reasons, but mainly related to land. For example, the land occupied by the houses is non-residential land, some developers violate regulations and do not build houses as planned, and some build houses earlier than the land certificate time, etc. But they have all been issued formal real estate licenses. In addition, the property certificate does not clearly indicate the period of ownership, which also affects the registration of property rights.
Some of the problems are related to the misuse of land quotas or early overdrafts. The country determines development intensity indicators based on the five-year development plan every year, and determines development volume based on development indicators and the 1.8 billion acres of land redline indicator. However, due to imbalances in the local economic structure and other reasons, these indicators are inconsistent with actual demand. Taking Yanjiao as an example, the demand for residential land is strong, but the land supply is limited, and there is a serious surplus of industrial and commercial land. In this case, the local government adopts the method of "getting on the bus first and paying the fare later", first changing some non-residential properties to residential properties, and then changing them later. Heirs have the right to inherit inheritance, and there are many inheritances that can be inherited. The ways for citizens to inherit inheritance include statutory inheritance, testamentary inheritance, etc. The effectiveness of statutory inheritance is the lowest. So if the real estate certificate has been lost, can it be inherited and transferred? ? Below, Haohao will provide readers with relevant answers.
Can a family with a real estate certificate inherit and transfer the property?
If the house is legally acquired by a citizen and has complete ownership, the heir can inherit the house and handle the transfer registration.
Legal Basis
Relevant Legal Provisions
"Succession Law of the People's Republic of China"
Article 3 The inheritance of citizens is The legal personal property left at the time of death includes:
(1) Citizen’s income;
(2) Citizen’s house, savings and daily necessities;
(3) Citizens’ forests, livestock and poultry;
(4) Citizens’ cultural relics, books and materials;
(5) The means of production permitted by law to be owned by citizens;
(6) Citizens’ good and property rights in patent rights;
(7) Other legal properties of citizens.
Article 4 The personal income due to individual contracting shall be inherited in accordance with the provisions of this law. If an individual contract is allowed to be continued by an heir in accordance with the law, the contract shall be handled in accordance with the contract.