Can land be inherited in China? Can land be inherited

It is not possible to inherit.

1. China's Land Contract Law does not support the contracted management right of cultivated land, but determines the model of cultivated land contracting and management right with "household" as the production and business operation unit. The right of family members to contract land is a joint ownership of property in nature, that is, the joint ownership of usufructuary rights.

Therefore, if some members of the family die, as long as the contractor is still alive, there is no question of inheritance, and the other members of the family continue to contract. The so-called contracted land "cannot be added to life, and it cannot be died".

2. In the event of the death of the contractor and the extinction of the contracted family, because the cultivated land does not belong to the private property of the household, the contracted management right is not allowed to be inherited, and the contracted operation contract is terminated due to the disappearance of the main body of the "household", which shall be taken back by the collective economic organization or separately contracted, or strictly used to solve the contradiction of the living land of the new rural population. However, when the collective economic organization recovers the cultivated land, it shall compensate the heirs with the proceeds of the land.

Legal basis: 1. Articles 8 and 62 of the Land Management Law of the People's Republic of China stipulate that urban residents are not the legal bearers of the right to use rural homesteads, and urban residents cannot apply for or inherit the right to use homesteads of collective economic organizations.

If the land is collectively allocated to the villagers of the village, and the contractor dies, if there are other family members in the contractor's household registration book, and the land is still within the contract period, the family members can renew the contract; If there are no other family members, the land shall be recovered by the collective.

2. Article 8 of the Land Management Law The land in rural areas and suburban areas shall be owned by peasant collectives, except for those owned by the State as prescribed by law; Homesteads, self-cultivated land, and self-cultivated mountains belong to peasant collectives.

Article 10: Land owned by peasant collectives belongs to village peasant collectives in accordance with law, and is to be operated and managed by village collective economic organizations or villagers' committees.

According to the laws of the state, land is owned by the state or collective, and individuals have no ownership of land, so naturally there is no inheritance.

Land use rights can be inherited, such as the right to use homestead land, the right to contract land management, the right to use construction land, etc.

Attachments to the land, such as houses, can also be inherited.

Legal issues related to marriage, family, and inheritance disputes can be consulted directly on the Ma Cheng lawyer group network.

Legal Analysis: None. The inheritance is the personal legal property left behind by the citizen when he dies, including the income of the Konsin Sakura people; Citizens' houses, savings and household goods; Citizens' forests, livestock, and poultry slippery branches; citizens' cultural relics, library materials; The law allows citizens to own the means of production; property rights in citizens' copyrights and patent rights; Other legal property of citizens.

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 dispersed in accordance with the law or according to its nature shall not be inherited.

The Rural Land Contract Law recognizes the inheritance of the contracted income due to the contractor, but recognises the inheritance of the land contracting and management right in a limited way: (1) If the contractor dies in the contracting and management right of forest land obtained by means of household contracting, his heirs may continue to undertake the contract during the contract period. (2) In the event of the death of the contractor of the contracted management right established by means of bidding, auction, public consultation, etc., his heirs may continue to contract during the contract period.

Article 32 of the Rural Land Contract Law stipulates that the contractor's contract income shall be inherited in accordance with the provisions of the Civil Code. If the contractor of the forest land contract dies, his heirs may continue the contract during the contract period. Article 54 stipulates that if the right to operate land is obtained through bidding, auction, public negotiation or other means in accordance with the provisions of this Chapter, the contractor shall be inherited in accordance with the provisions of the Civil Code if the contractor dies; During the contract period, his heirs may continue to contract.

Legal Analysis: Land use rights can be inherited. Because land ownership in China is state-owned, the right to use is a contractual nature.

Whether or not the land use right can be inherited depends on the situation. Generally speaking, if the land use right obtained through auction is through bidding, the heir shall have the right to inherit the land use right in accordance with the provisions of the Civil Code of the People's Republic of China. However, if the land is not acquired through bidding, public consultation, etc., or if the land is state-owned, the right to use the land cannot be inherited.

An estate is a personal legal property left behind by a citizen at the time of his death, including: (1) the citizen's income; (2) Citizens' houses, savings, and daily necessities; (3) Citizens' forests, livestock and poultry; (4) Citizens' cultural relics and 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.

Legal basis: Law of the People's Republic of China on Rural Land Contracting》 Article 32: Land contracting and management rights obtained through household contracting may be transferred by subcontracting, leasing, swapping, transferring, or other means in accordance with law.

Derivative question: What are the new rules for inheriting the parents' house? Pickpocketing.

According to the latest policy, children can be eligible to inherit their parents' property by virtue of a will or a statutory succession provision. However, regardless of the method by which a child acquires the inheritance status, if it is found that the child has intentionally killed the decedent or killed other heirs in order to compete for the inheritance, the child will be disqualified. The deceased may have different residences during his lifetime, such as one is the place of household registration and the other is the place of habitual residence; In order to facilitate the determination of the time when the inheritance began, the relationship between the heir and the decedent during his lifetime, the scope and distribution of the inheritance, etc., so that the disputes over inheritance can be correctly resolved, the Civil Procedure Law of the People's Republic of China stipulates that the people's court at the place where the decedent is domiciled at the time of his death or where the main estate is located shall have exclusive jurisdiction over a lawsuit arising from a dispute over inheritance.

In other words, if the decedent has more than two residences, the court of the place of residence has jurisdiction over the inheritance dispute.

Legal analysisWhether the land use right can be inherited or not should be judged according to how the deceased has the land inheritance right. If state-owned and the right to use the base is not inherited.

The land use rights obtained through bidding, auction of sail and dust can be inherited. And in addition to inheriting the right to use the land, you can also inherit the right to use all the attached crops on the old land.

Legal basis: Article 342 of the Civil Code of the People's Republic of China Where rural land is contracted through bidding, auction, public consultation, etc., and the ownership certificate is obtained through registration in accordance with law, the land management right may be transferred by leasing, buying shares, mortgaging or other means in accordance with the law.