When an elderly person dies in a rural area, how to inherit a rural house?

If there are several siblings in the family who have the right to inherit at the same time, and the old man has not made a will, the siblings must make a property division agreement, sign their names when there is no objection, and then they can go through the procedures for the inheritance and transfer of the house.

In many places in the countryside, there is no such thing as a struggle for the property rights of the houses left by the old man after his death, and that little family property will not be worth much, but all the houses including the homestead will be valuable. Because after the inheritance of the children, according to the regulations, the right can be confirmed and registered, mainly because there are more opportunities for dividends in the later period.

If the old man has a will before his death, it will be distributed in strict accordance with the content of the will, and if there is no will, it will be inherited by parents, spouses and children in accordance with the provisions of the Inheritance Law, that is, it will be divided equally.

According to the old rules in the countryside, when the old man dies, the house of the old man belongs to the children who lived with him. There is no share of other children, and if they compete after the death of the elderly, they will be looked down upon. It will be considered that there is no harmony between brothers and sisters, and they all fall into the eyes of money.

You can bring the real estate certificate, inheritance certificate and other certificates, and then go to the real estate transaction center to apply for inheritance registration procedures, and after all the information is reviewed and approved, you can issue the inheritance of the changed real estate certificate.

The so-called inheritance of the house in China's "inheritance law" refers to the fact that after the death of the decedent, the real estate belongs to his testamentary heir or legal heir. Therefore, if you are the heir, take the original real estate certificate, will and other materials to the competent department to go through the transfer procedures.

When one of the old man's side died, a notarization was made. The party in the party is also notarized, and all the money, goods, and houses are left to the younger son, because the old man's living expenses are all supported by the younger son. The house only has a collective land (homestead) use certificate. How to inherit. Whether or not other children have inheritance rights.

Let's assume that the spouse of the elderly person is still alive, then half of the property goes to the spouse, and the remaining half is divided equally between the spouse and children.

When the elderly die, how to inherit the house, this problem will exist whether it is in the city or in the countryside, they need to face such a problem, property inheritance, house inheritance This is the root cause of many brothers and sisters turning against each other. Seeing this problem, I was already a little uncomfortable, but material still prevailed over family affection.

This kind of problem is actually very rare in rural areas, and I am also a rural person, at least I have never encountered such a situation around me. There is a saying in the countryside that is particularly important, that is, raising children to prevent old age, and this will not be the case in families with sons.

They are all biological children, and some take care of the elderly more, so they hope to get more real estate, and those who take care of less disagree.

After the death of many rural elders, it will involve the inheritance of rural housing and rural homesteads. The homestead in the countryside is not inheritable, the homestead belongs to the group, and only the house is inherited, but according to the standard of 'the land goes with the house', the inheritance of the house is actually the inheritance of the ownership of the homestead. After the death of the old man in the countryside, what should be done with the rural homestead?

Can children inherit? Rural homesteads: Rural homesteads are only owned by the people in the village, and if the children's household registration has already moved to the village, there will be no rural residence.

If there is a house on the rural homestead, the children can inherit it in accordance with the regulations, regardless of the children's household registration, whether it is an agricultural household registration or not. During the duration of the house, the rural homestead within the scope of the house can continue to be used until the house declines. Rural homesteads are taken back by village collectives.

Regardless of whether the wife is inherited or not, you must be present when handling the notarial deed, if you do not inherit, write a statement in writing when you give up the inheritance when you handle the notarial deed, if you do not write down the inheritance 3, if there is no suicide note, the property inheritance is inherited by the parents, the other half, and the children together. Therefore, the heirs normally divide the property equally. Therefore, regardless of whether the wife inherits the inheritance or not, in the order and proportion of the inheritance, the wife, daughter, and eldest son are the same picks and proportions4, if the wife inherits, they can use the method of suicide note to inherit their assets by a certain child, or before death, they will transfer their share of real estate to a certain child in the form of a gift or transaction5, and the proportion is <>

If the real estate is the joint property of the elderly husband and wife, the two people each own half, half of the property of the deceased elderly, and half of the assets of the living elderly. A part of the property is divided by the wife, children, and two daughters, and it is generally divided equally The rural homestead is not inheritable, and the homestead belongs to the group, and only the inheritance of the house is carried out, but according to the standard of 'land goes with the house', the inheritance of the house is actually the inheritance of the ownership of the homestead. According to the above, many of our sons and daughters are all urban hukou, so they can only inherit the house.

If the old man has made a will before he dies, whoever raises him will give the house to whom, and the other heirs have no opinion, so they can inherit the house to whom.

After the death of the elderly in the countryside, the heirs should bring the real estate certificate and relevant materials to the housing management department for the transfer. It is still necessary to carry a good will.

If the children are from a rural household, they can go directly to the village committee to go through the inheritance procedures, and if they are not rural households, the house can only be inherited with the right to use.

Legal analysis: First of all, it depends on whether the parents made a will before their death, if there is a will, the distribution of the property will be handled according to the will, if there is no will, you can negotiate with your grandparents and siblings to inherit the property.

Secondly, it depends on whether you can inherit the property:

If your hukou is still in the village collective, you can inherit the ownership of the land and the houses built on the land, but if you want to transfer the property, you need to go to the real estate registration office to transfer the house to your own name before you can transfer it;

If your household registration has moved out of the village collective, if the property has been damaged or lost, you cannot inherit the land; If the property is still there, it can be inherited, and if it is to be transferred to a third party, it should also be registered for change, and the house should be transferred to your own name, and then transferred.

Article 1123: After the commencement of inheritance, it shall be handled in accordance with the statutory succession; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

Article 1127 Inheritance shall be inherited in the following order:

1) First order: spouse, children, parents;

2) Second order: siblings, grandparents, maternal grandparents.

After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir, the second-order heir shall inherit.

For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren.

For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship.

The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

If you acquire a property by inheritance, you must first confirm the shares of each heir and each heir of the property. After determining the share of each heir, you can handle the transfer of real estate. The information required for the transfer of ownership is as follows:

The decedent's death certificate, real estate certificate and inheritance certificate of the heir, ID card, and notarial certificate issued by a notary office, etc. Finally, the heir shall apply for the transfer of ownership in person to the housing management exchange. For specific provisions, please refer to Article 1 of the Inheritance Law.

Five, ten. Legal basis: Inheritance Law of the People's Republic of China

Article 5: [Methods of Inheritance]After the commencement of inheritance, it shall be handled in accordance with the statutory inheritance; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

Article 10: [Scope of Heirs and Order of Succession] The inheritance of the estate shall be in the following order:

First order: spouse, children, parents.

Second order: siblings, grandparents, maternal grandparents.

After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir, the second-order heir shall inherit.

The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren.

The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents.

The term "brothers and sisters" in this Law includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

Rural housing can be inherited after the death of an elderly person. When a parent dies, a house in the countryside can be inherited by the child. Children can also inherit the right to use the homestead under the house.

The right to use the homestead cannot be inherited separately for the rest of one's life, and the right to use the homestead can only be inherited at the same time as the inheritance of the rural house, following the principle of the integration of real estate and land.

1. How do children inherit the right to use the homestead.

Children can inherit the right to use the homestead by inheriting the house. Specifically, the children of the house have inheritance and ownership, but the homestead belongs to the collective and is also registered in the name of the parents. Where children inherit the right to use the homestead, the land change shall be registered and the right to use the homestead shall be inherited.

In addition, the homestead can be transferred within the collective, but not privately in any form other than the collective. The acquisition, exercise and transfer of the right to use the homestead Sun Douyuan shall be governed by the law on land management and the relevant provisions of the State.

2. Who does the grandfather belong to if he dies without a homestead?

The grandfather died, and the homestead went to the children who inherited the house. Rural homesteads belong to village collectives, and homesteads cannot be inherited as property, but houses can be inherited as property, and according to the principle of "land follows the house", the inherited sons and daughters have the ownership of rural houses. The details are as follows:

1. Homesteads can only be enjoyed by residents of the village. If the child's household registration has moved out, he or she will no longer enjoy the homestead in the village; 2. If the children move out of the household registration, after the death of the rural parents, the homestead enjoyed by the parents shall be recovered by the village collective. If there is a house on the homestead, the children can inherit it according to law, regardless of whether the children's household registration is in the village or not.

During the term of existence of the house, the homestead within the scope of the house may continue to be used until the house is extinguished; 3. Formerly a rural resident, whose children have become urban population, the right to use the homestead land shall be returned to the agricultural collective economic organization after the death of their parents in the rural area.

3. Can a married daughter inherit land and homesteads?

Brothers and sisters can inherit the right to use rural homesteads, because the inheritance rights of men and women are equal, and the law stipulates that the right to use rural homesteads can be inherited by the children of urban household registration and the registration of immovable property in accordance with the law. The decedent's house is inherited by the heirs as its inheritance, and in accordance with the principle of the integration of real estate and land, the heirs inherit the ownership of the house and the right to use the homestead, and the rural homestead cannot be inherited separately.

Article 1122 of the Civil Code of the People's Republic of China.

An estate is a personal legal property left behind by a natural person upon his or her death.

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

Article 1123.

After the commencement of inheritance, it shall be handled in accordance with the statutory inheritance; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

Compensation for the relocation of village homestead houses is generally divided into housing compensation and homestead use right compensation. The compensation for the above-ground objects shall belong to the owner of the right to the house. If the original owner of the house has died, the compensation for relocation may be handled according to the inheritance relationship.

The division of compensation for the right to use the homestead is prone to disputes, especially the heirs of non-collective economic organizations often claim the right to use the homestead based on the inheritance relationship, and then propose to divide the corresponding compensation. In view of the fact that the right to use rural homestead land has a strong identity attribute, it is provided by the rural collective economic organization to the members of the collective free of charge, and is calculated on a per mu basis and per household. When the population of a household decreases, the homestead is still jointly used by the remaining members of the household, and the compensation for the right to use the homestead is jointly owned by the remaining members of the household.

If the household no longer has a member of a rural collective economic organization, or although it is a member of a rural collective economic organization, it has obtained the right to use the homestead elsewhere, the compensation for the right to use the homestead shall generally be obtained by the heirs of the original owner of the house, unless the collective economic organization expressly objects to it.