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How to transfer the residence of Hunan Jianghua immigrants?
Code of Practice for Real Estate Registration (Trial)
10.3 transfer registration
10.3. 1 applicable.
If the registered right to use the homestead and the ownership of the house are under any of the following circumstances, the parties may apply for transfer registration:
1 Inherit according to law;
2. Separate production;
3. Exchange houses within collective economic organizations;
4. The ownership of the effective legal documents of the people's court and the Arbitration Commission has changed;
5. Other circumstances stipulated by laws and administrative regulations.
10.3.2 applicant
The registration of the right to use the homestead and the transfer of the ownership of the house shall be applied by both parties. If the right to use the homestead and the ownership of the house are obtained by inheriting the house, the obligee may apply unilaterally with the effective legal documents of the people's court and the arbitration commission.
10.3.3 application materials
To apply for the registration of the right to use the homestead and the transfer of house ownership, the materials submitted include:
1 application for real estate registration;
2. The identity certificate of the applicant;
Certificate of ownership of immovable property;
4 materials for the transfer of the right to use the homestead and the ownership of the house, including:
(1) If it is inherited according to law, the materials shall be submitted in accordance with the provisions of this specification 1.8.6;
(2) Property division agreements or materials;
(3) If the collective economic organization exchanges houses internally, an exchange agreement shall be submitted. At the same time, it shall also submit the materials that both parties to the transaction are members of the collective economic organization;
(4) If the ownership is transferred due to the effective legal documents of the people's court or the Arbitration Commission, the effective legal documents shall be submitted;
5. Other materials as prescribed by laws, administrative regulations and detailed rules for implementation.
10.3.4 review points
Real estate registration agencies should pay attention to the following points in the audit process:
1 The transferee is a member of the collective economic organization and meets the application conditions for homestead, except that the right to use the homestead and the ownership of the house are transferred due to the inheritance of the house and the effective legal documents of the people's court and the arbitration commission;
2. Whether the materials for the right to use the homestead and the transfer of house ownership are complete and effective;
3. Whether the right to use the homestead and the ownership of the house applied for transfer are consistent with the records of the reasons for registration;
4. If there is objection registration, whether the transferee has signed a written commitment to know that there is risk in objection registration;
(five) whether the application for registration conflicts with the records of the real estate register;
6. Other review items required by Chapter 4 of this specification.
If Article 4.8.2 of this Law does not refuse to register, the registered items shall be recorded in the real estate register and a certificate of ownership of the real estate shall be issued to the obligee.
10.3.5 if a member of the collective economic organization who already owns the homestead or a rural or urban resident who is not a member of the collective economic organization obtains the right to use the homestead and the ownership of the house by inheritance, it shall be recorded in the postscript column of the immovable property ownership certificate that the right holder is the legal heir of the residence of the original peasant collective member.
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