How to judge the fraudulent behavior of forging house property right certificate

If the circumstances of forging a real estate license are serious, it constitutes the crime of forging, altering, buying or selling official documents, certificates and seals of state organs, and shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.

First of all, housing property rights can be obtained in several forms.

1. Purchase is the main form for people to acquire property rights. Pay attention to the following questions when buying a house: first, investigate whether the house you bought is legal, whether the relevant procedures are complete, and whether the seller has legal status; Second, a house purchase contract should be signed with the seller, which should clearly state the geographical location, purchase method, price, payment method and the rights and obligations of both parties; Third, it is necessary to go through the registration and transfer procedures in the housing management department in time.

2. Construction acquisition This is an original acquisition of housing property rights, which means that the builder invests a certain amount of money to build a house, then the builder enjoys the property rights of the house he built. If property rights are acquired through construction, the following problems should be paid attention to before or during the early stage of construction: First, the legality of construction land should be paid attention to, that is, whether it has been approved by relevant departments; Second, we should pay attention to the legality of relevant procedures, that is, whether there are procedures such as project establishment, planning and construction; Third, we should pay attention to whether the quality of the house is qualified, that is, whether there is a quality inspection certificate. If there are problems in the above aspects, the owner may not be able to obtain property rights.

3. The way the donee obtains the property right means that the original property owner gives the house to the donee through the act of giving. When going through the formalities of house donation, the donor and the donee shall sign a written donation contract and go through the transfer formalities with the housing management department. However, if the donor gives his house to others in order to escape his legal obligations, if the interested party claims rights, the gift is invalid.

4. Mortgage Obtaining the so-called real estate mortgage means that the mortgagor provides the mortgagee with the debt performance guarantee in the form of legal real estate without transferring possession. Because mortgage is a kind of guarantee, when the debtor fails to perform the debt, the mortgagee has the priority to be repaid, and when he enjoys the priority to be repaid, the mortgagee has the right to return the mortgaged property. When acquiring property rights in this way, we should pay attention to the following points: first, the mortgagor and the mortgagee should conclude a written contract; Second, you should go to the relevant departments for mortgage registration; Third, we should pay attention to the legality of mortgaged property; Fourth, if the mortgage expires and the debtor can't perform his debts, he should go through the relevant formalities according to the relevant provisions of the mortgage contract.

5. There is a house within the scope of inheritance. The so-called inherited house means that after the decedent dies, his property belongs to his testator or legal heir. Therefore, only the decedent's house has legal property rights can be inherited. When inheritance occurs, if there is more than one heir, the property should be converted according to the will and relevant laws, and the original property ownership certificate, will and other materials should be presented to the competent authorities for transfer procedures.

Second, the steps to handle the real estate license

1. Buyers should check whether the qualification procedures of developers are sound, that is, whether the five certificates we often say are complete.

2. Within one month after the real estate transaction between the buyer and the seller, the house sales contract and other documents shall be registered in the real estate exchange. When registering, you need to bring your ID card, household registration book, commercial housing sales contract and other documents.

3. After receiving the transfer notice from the exchange, the buyer and the seller should bring their ID cards, household registration books, seals, etc. After paying the handling fee, deed tax and stamp duty, you can go through the transfer formalities. The exchange will issue a real estate sales contract to the buyer. In principle, the property title certificate must be handled jointly by the buyer and the seller. If the buyer and seller or one of them is unable to handle the formalities of ownership transfer and property right registration for some reason, they may issue a power of attorney to entrust an agent to handle it on their behalf.

4. After completing the formalities of transfer of ownership, the buyer shall apply for registration with the municipal or district (county) Housing and Land Administration Bureau where the house is located with the deed of sale issued by the real estate exchange within three months. The documents and materials needed to handle the application include: the house ownership certificate of the whole building owned by the seller, the commercial house sales contract, the copy of the stub of the commercial house sales invoice, the copy of the ID card, the registration form of house ownership transfer, the wall boundary table and the area calculation table.

5. After being examined by the real estate management department, the buyer can obtain the title certificate.

In some places, in the process of buying and selling commercial housing, developers will also provide services such as transaction registration, transfer and real estate warrants. However, the specific process is basically handled by the developer, and the buyer can't control the specific progress and can't know the relevant situation in time. Therefore, if conditions permit, it is best for the buyer to handle it with the developer by himself or by entrusting an agent.

Three, there are eight ways to distinguish the authenticity of the title certificate.

1. Look at the cover. The cover of the real title certificate is hard and textured, it feels concave and convex, the color is bright (crimson), and the font texture is clear and eye-catching. The cover of the fake title certificate is smooth, the color is dim (dark red) and the cover is soft.

2. Look at this paper. The inner page of the real professional title certificate is made of professional watermark paper, similar to the watermark of RMB. The pattern is villas and buildings. Its identification method is similar to the watermark head of RMB, which can only be seen under the light, while the watermark of fake property right certificate is fuzzy. The real title certificate paper is smooth and solid, while the fake paper feels loose and soft.

3. Look at the anti-counterfeiting shading. The background of the real estate certificate has the embossed words of "house ownership certificate", which has a strong three-dimensional sense, clear handwriting and easy identification. It is difficult to achieve the unity of color depth and color with a fake professional title certificate.

4. Look at the seal of the issuing authority. The seal on the front page of the real estate certificate is the red administrative official seal of "XXX Real Estate Administration" printed by the machine. Fake title certificates are generally stamped with hand-carved official seals, because the paper is thin and it is easy to see the negative seal traces.

5. Look at the registration number. The building registration number at the bottom of the reverse side of the cover of the real certificate is printed by machine, which is linear and feels concave and convex by hand. The registration number of the fake certificate is stamped with a hand-carved seal, and there is no feeling of bumping with the hand.

6. Watch sewing. The inner pages of the real title certificate are spliced neatly, and the inner pages of the fake title certificate are glued together, and the splicing is also obvious.

7. Read the postscript. The contents of the postscript column on the third page of the immovable property certificate include: the source of property rights and the apportioned area. And the postscript on the false title certificate is blank.

8. Look at the drawings. The floor plan of the title certificate of immovable property is special paper, which is relatively thick, while the drawing of the fake certificate is very thin, which is similar to the thickness of general A4 paper.

Legal basis:

Criminal law of the people's Republic of China

Article 280

Whoever forges, alters, buys or sells or steals, seizes or destroys official documents, certificates and seals of state organs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.