Can rural contracted land be inherited Name the legal basis

Can rural land be inherited? There are 3 scenarios:

1. If the decedent has other family members in the same household register, other family members can continue to contract rural land.

2. The heirs of the decedent have no other family members in the same household register, and the forest land contracted by the deceased and the contracted land obtained through bidding, auction, public negotiation, etc., can continue to be contracted during the contract period.

3. If the decedent has no other family members in the same household register, and the heirs of the contracted land (except forest land) obtained by the decedent in the form of family contracting, the heirs can only inherit the contracted income due to the decedent, and the contracted land shall be recovered by the collective.

The basis is as follows:

Article 31 of the Rural Land Contract Law: The contracting income due to the contractor shall be inherited in accordance with the provisions of the Inheritance Law. If the contractor of the forest land contract dies, his heirs may continue the contract during the contract period.

Article 50: Where the right to contract and operate land is obtained through means such as bidding, auction, or public consultation, and the contractor dies, the contracted income due to him or her shall be inherited in accordance with the provisions of the Inheritance Law; During the contract period, his heirs may continue to contract.

Article 3 of the Inheritance Law stipulates: "An inheritance is the legal property of an individual left behind by a citizen upon his death, including:

a) the income of citizens;

2) Citizens' houses, savings and daily necessities;

3) Citizens' forests, livestock, and poultry;

4) Citizens' cultural relics, library materials;

5) the means of production that are permitted by law to be owned by citizens;

6) Property rights in citizens' copyrights and patent rights;

7) Other lawful property of citizens. ”

The property rights of the contracted land belong to the village collective economic organization, and the contractor only has the right to use it, but not the property right. Because the contracted land is not the personal property of the deceased, it is not an inheritance, and therefore cannot be inherited.

But the village has no right to take it back. The death of a member of the family does not affect the family's right to contract and operate during the contract period, and its share is continued to be contracted and operated by its family members.

A household register is a family. Therefore, when it comes to this matter, it depends on whose household registration book the parents had before their death, and who they have determined to have a household registration book, so let's look at the land account in the village, and the land they contracted must also be on a contract. There is no doubt about it, and this one will continue to operate.

There's nothing else to do.

Rural contracted land cannot be inherited. Specifically, the contracted land of Nongmu Paduan Village is not the ownership, but the corresponding right to use the contract, and the specific provisions of the law on this are mainly that if the land contract management right is obtained through bidding, auction, public consultation, etc., the contractor dies, and his heirs can continue to contract during the contract period. Therefore, it does not belong to inheritance, and can only be dealt with by way of inheritance contracting.

[Legal basis: Xunyu].Article 1122 of the Civil Code of the People's Republic of China An inheritance is the lawful property left behind by a natural person upon his death.

An inheritance that is not allowed to be inherited in accordance with the provisions of the law or by its nature shall not be inherited.

The proceeds of rural contracted land can be inherited. Rural land contracts are divided into two categories: "household contracting" and "other forms of contracting". The contractor of the "household contract" is the peasant household of the collective economic organization, and the contracted management right belongs to the peasant household and can be inherited among the family members, but if all the family members die, the land contracting and management right will be extinguished.

"Other forms of contracting" refers to the contracting of barren mountains, barren ditches, barren hills, barren beaches and other rural lands that are not suitable for household contracting, through bidding, auction, public consultation, etc. The main body of the contracting party may be a member of the collective economic organization, or it may be a unit or individual other than the collective economic organization. According to the law, if the contractor is contracted in this way, the proceeds due to him may be inherited in accordance with the law after the contractor's death; During the contract period, his heirs may continue to contract.

In other words, the proceeds from contracted land can be inherited.

Article 54 of the Rural Land Contract Law: Where the right to operate land is obtained through bidding, auction, public consultation, etc., in accordance with the provisions of this Chapter, the contractor dies, and the contracted income due to him shall be inherited in accordance with the provisions of the Inheritance Section of the Civil Code; During the contract period, his heirs may continue to contract.

Professional analysis: The right to contract and manage rural land can be inherited. According to the provisions of relevant national laws and regulations, the right to contract and operate land is obtained through bidding, auction, public consultation, etc., and if the contractor dies, his heirs can continue to contract during the contract period. Legal basis: Article 1122 of the Civil Code of the People's Republic of China: An estate is a personal lawful property left behind by a natural person when he or she dies.

An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.

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OK. When some members of the household die, the household as the contractor still exists, so there is no inheritance problem. If all family members die and the family dies out, that is, the household does not exist, let alone the problem of the inheritance of the "land contract management right" does not occur, the contract issuing party shall take back the contracted land.

Rural Land Contract Law of the People's Republic of China Article 2 The term "rural land" as used in this Law refers to cultivated land, forest land, and grassland owned by peasant collectives and owned by the state that are used by peasant collectives in accordance with the law, as well as other land used for agriculture in accordance with the law. Article 4 After the rural land is contracted, the nature of land ownership remains unchanged. The contracted land shall not be bought or sold.