Has your own real estate getting someone else's certificate?This operation of Xinxiang Housing Management Department was sentenced to "illegal"

Top News · Henan Business Daily reporter Song Hongsheng

In May of this year, Li Kai, a citizen of Xinxiang, left a message in the top news "I want@今", saying that the housing management department of Xinxiang City violated the regulations to apply for a real estate certificate for others, but registered with a 2/3 house site of his own area. Local officials replied that the behavior of the housing management department was in line with the law, and the procedures were legally valid.

What is the fact? Recently, the Xinxiang Intermediate People's Court issued an administrative judgment, arguing that the fact that the real estate certificate involved in the case involved was unclear, the evidence was insufficient, and the procedure was illegal. The final judgment confirmed that the administrative behavior of the Xinxiang Municipal Real Estate Administration was illegal.

[Complaint: The housing management department shall apply for a real estate certificate in violation of regulations]

Li Kai and Li Ge's father. In 1993, Li Civilization purchased 2.5 house sites in Dongtai, Dongtai, Xinxiang City, and applied for land use certificates and construction licenses in the name of three people including his son Li Kai, Li Ge and Duan Lizhen. Duan Lizhen is the daughter of Yongju. At that time, each person could only buy 1 homestead. In order to obtain the extra 0.5 copies of the place, Li Wenming accepted the proposal of the introducer Duan Yongju and used Duan Lizhen's name.

In June 1995, the relevant local departments issued the [New Development Regulations (Private) Creation of 041, 042, 043] building permits, corresponding to Duan Liyu, Li Kai and Li Ge, respectively. In 1996, Li Wenming built two unique courtyards on these three house sites. The courtyard on the west was given to Li Kai, the courtyard to the east to Li Ge, and has always been possessed and used by the two. Until 2010, during the local government's land census, Li Kai and Li Ge learned that their real estate had been registered under Duan Li's name by the housing management department.

Li Kai said that in 2004, Duan Yongju was permitted to issue false materials to the Housing Management Bureau of the Xinxiang High -tech Zone High -tech Zone Housing Management Bureau, and fabricated a house out of thin air. A real estate certificate with a certificate number 2004356580 was applied for Duan Lizhen. Li Kai believes that the bank's bank has seriously violated national laws and regulations and has infringed on its legitimate rights and interests.

[Official response: The situation of illegal registration is not real]

On June 6, Xinxiang High -tech Zone Party and Government Office responded to the "I want@6" column, saying that the situation of the former Xinxiang High -tech Zone Housing Management Bureau's violation of the certificate is not true.

Reply that in April 2004, the Housing Management Bureau of the High -tech Zone received an application for Duan Yongju's agent of his daughter Duan Lizhen to apply for the registration of house property rights. The applicant provided a real and effective state -owned land use certificate (new country 2003 word No. 040206) and construction License (newly opened private word No. 041), application form, personal identity document.

The former Housing Management Bureau of the High -tech Zone conducted a detailed review to determine that the applicant's application registration materials were fully effective and compared with the issuance of the issuance of the issuance. On May 10, 2004, the former Housing Management Bureau of the High -tech Zone issued a house property right certificate with a certificate number 2004356580. The administrative behavior of the former High -tech Zone Housing Management Bureau complies with relevant laws and regulations, and the procedures are legally valid.

The reply also pointed out that Li Kai has filed an administrative lawsuit on the incident and is being tried by the Xinxiang Intermediate People's Court.

The reporter learned that due to institutional reform, the legal functions of the Xinxiang Real Estate Management Bureau's house registration have been inherited by Xinxiang Natural Resources and Planning Bureau. When he learned that his real estate was proofed by others, Li Kai and Li Ge experienced many lawsuits. The most important thing is that in June 2019, Li Kai brought the Xinxiang Natural Resources and Planning Bureau to court.

After hearing, the Xinxiang Intermediate People's Court has made an administrative judgment, which sentences the Xinxiang Real Estate Administration to the 2004356580 real estate certificate issued by Duan Lizheng in 2004. However, in June last year, the case entered the retrial process.

[Court judgment: The fact that the case involved in the case is not clear, the evidence is insufficient, and the procedure is illegal]

On July 21, the Xinxiang Intermediate People's Court made [(2021) Yu 07 Line 12 again] administrative judgment.

The court believes that according to the "Notice of the Ministry of Justice, the Ministry of Construction, the Ministry of Construction, the Ministry of Foreign Affairs, the Ministry of Foreign Affairs, the Overseas Chinese Affairs Office of the State Council on the handling of how to confirm the validity of notarized documents in the property rights of overseas Chinese, Hong Kong and Macao compatriots, Taiwan compatriots, and foreigners' house property rights issues" One item stipulates that Duan Lizhen entrusted his father Duan Yongju to apply for a real estate certificate, and he should notify the commissioned behavior in my country's embassies and consulates in China; or a notarized document shall be issued by local local agencies and certified by the two countries' foreign departments.

In the case of the case, the situation of Duan Yongju's writing shows that Duan Lizhen settled in Belgium. Only by this statement and a Duan Lizhen's attorney registration, it does not meet the above provisions. Duan Lizhen's certificate was illegal.

Article 20 of the "Administrative Measures for the Registration of Urban Housing Rights" stipulates: "The registration of house ownership shall be registered in accordance with the house number, building, set (room) and the part of the house of the house in accordance with the ownership unit. "The house involved in the re -trial has been demolished and does not have the conditions to investigate again.

According to the on -site investigation, the registration authority handles part of the house of the East Court under the name of Duan Li, and there is no actual wall in the western border of the registered property certificate registration. The registration part is not the basic unit of the house registration.The flat map of the house is inconsistent with the actual housing condition.The trial of Xinxiang Natural Resources and Planning Bureau on the trial of the household households has removed the statement of the infringement part, and it can also confirm the conclusion of the inspection.Therefore, the fact that the presence of the housing certificate is not clear, and the evidence is insufficient.In the end, the court ruled that the New Township Real Estate Administration issued an administrative act of issuing the 2004356580 real estate certificate to Duan Lizhen in May 2004.

The top news · Henan Business Daily reporter was learned before the press release that the Xinxiang City Natural Resources and Planning Bureau, as the defendant, had filed an appeal.The newspaper will continue to pay attention to the progress of the case.

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