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Land cannot be inherited, and the land under the household responsibility system itself has the right to contract, and there is no need to inherit it.
Otherwise, ask a lawyer at LVBAN.
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Land only has the right to use, not ownership, and cannot be inherited, but it can inherit the right to use.
If the deceased used a piece of state-owned land during his lifetime, the land use right can be inherited after his death. Article 48 of the Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights promulgated in 1990 provides that individuals who have acquired land use rights in accordance with these Regulations may inherit their land use rights.
Legal heirs. That is, the spouse, children, parents, siblings, grandparents, and maternal grandparents of the decedent. Article 10 of the Inheritance Act provides that "estates shall be inherited in the following order:
First order: spouse, children, parents. Second order:
Siblings, grandparents, maternal grandparents. Second-order heirs include: siblings, grandparents, and maternal grandparents (only second-order heirs will inherit if there is no first-order heir or the first-order heir renounces the right to inheritance).
Article 11 of the Inheritance Law If the children of the decedent die before the decedent, the descendants of the decedent's children shall inherit by subrogation. A subrogated heir can generally only inherit his father's or mother's share of the estate.
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Rural land cannot be inherited by daughters because it belongs to the state or peasant collectives and cannot be inherited. However, the daughter can inherit the house on the land, and since the ownership of the house is tied to the right to use the land, the daughter can also have the right to use the land.
[Legal basis].
Article 9 of the Land Management Law states that land in urban areas belongs to the State. Land in rural areas and on the outskirts of cities shall be owned by peasant collectives, except as provided by law for the State; Homesteads, self-cultivated land, and self-cultivated mountains belong to peasant collectives. Article 10 State-owned land and land owned by peasant collectives may be designated for use by units or individuals in accordance with law.
Units and individuals using land have the obligation to protect, manage, and rationally use land.
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After the death of the decedent, the various inheritances of the deceased include money, objects and houses, which belong to the property of the decedent, which can be given away or inherited by the legal heirs, including children, of course, but the homestead is a little different, he cannot be regarded as personal property, so it cannot be inherited, but the homestead should be returned to the peasant collective.
Questions. Rural homestead demolition compensation for new houses, as a daughter who has been married for many years, does she have the right to get a new house? My parents have been dead for years. But my parents have a hospital and a house in their names! Does I have the right to inherit as a daughter?
Questions. Moved out.
So do you have a younger brother or older brother?
Or an only child?
Questions. But the homestead use certificate is in the daughter's hand.
4 rooms. Pro: This certificate is not necessarily inherited, but the order of inheritance is to be followed.
Questions. Sisters.
Then the two of you can divide it evenly.
I cannot inherit all of them.
Questions. The two sisters are the first in line of succession.
Both of you have the right to this property.
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According to the relevant provisions of the "Land Management Law", rural land cannot be inherited because the land is owned by the village collective, but if there is a house built on the land, then the daughter can also have the right to live on the land after inheriting the house, because the land goes with the house, and the daughter can obtain the right to use the corresponding homestead.
Legal basis: "Rural Land Contract Law of the People's Republic of China" Article 30: During the contract period, if a woman marries and does not obtain the contracted land in her new place of residence, the contract-issuing party shall not take back her original contracted land, where the woman is divorced or widowed next to the Spring Bridge, and is still living in her original place of residence, or where she does not live in her original place of residence but has not obtained the contracted land in her new place of residence, the contract-issuing party shall not take back her original contracted land.
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No. China practices socialist public ownership of land, that is, ownership by the whole people and collective ownership by the working masses. Rural land belongs to peasant collectives, is not personal property, and cannot be inherited.
Responsibility fields are collectively allocated to peasant households. If the contractor dies and the responsible land is still within the contract period, and there are other family members in the same household register as the contractor, the contract shall be renewed by the family members; If there are no other family members, the employer shall take it back and redistribute it. Article 2 of the Land Management Law states that the People's Republic of China implements socialist public ownership of land, i.e., ownership by the whole people and collective ownership by the working masses.
Ownership by the whole people, i.e. ownership of state-owned land is exercised by *** on behalf of the state. No unit or individual may occupy, buy, sell, or illegally transfer land in any other form. Land use rights may be transferred in accordance with law.
The State may, for the sake of the public interest, expropriate or expropriate land in accordance with the law and provide compensation. The State implements a system of paid use of state-owned land in accordance with the law. However, the State shall not allocate the right to use state-owned land within the scope prescribed by law.
Article 1127 of the Code of the People's Republic of China shall inherit the inheritance in the following order: (1) the 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. "Children" as used in this Part includes He Feng's legitimate children, illegitimate children, 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.
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It is a pity that the daughter of the rural land cannot inherit, that is, the daughter of the rural land does not have the right to inherit, but the reason why the daughter does not have the right to inherit is not because of gender issues, but if it is a man, he cannot inherit the rural land, because according to the relevant provisions of the "Land Management Law", the rural land is not personal property and cannot be inherited, because the land is not owned by the individual but by the village collective, but if there is a house built on the land, then the daughter may obtain the right to inherit the house on the land, and the land goes with the house. Even if the rural daughter does not have the right to inherit the land, she can have the right to live on the land, and the daughter can obtain the corresponding homestead use right. According to Article 31 of the Rural Land Contract Law, the heirs may inherit the income obtained by the contractor as a result of the contract, in accordance with the Inheritance Law. (1) Housing appraisal:
The heirs need to have the market value of the inherited house assessed by an appraisal company. (2) Inheritance notarization: The heir needs to go to the notary office where the house is located to handle the inheritance notarization and receive the inheritance notarial certificate.
3) Housing surveying and painting: The heir shall apply to the real estate surveying and mapping department for the surveying and mapping of the housing area or transfer procedures, and receive the surveying and mapping results or drawings (to prepare for the registration of property rights). 4) Inheritance Registration:
The heirs apply for inheritance registration at the Real Estate Exchange Center. Collect and fill in the "Application for Real Estate Property Rights Registration" at the real estate trading center, submit the housing property right certificate, inheritance notarial certificate, housing surveying and mapping and other information, and then the handling personnel will accept the receipt and issue the receipt. After all the information is verified, the real estate certificate of the changed owner will be issued.
5) Other circumstances: The inheritance of real estate that has been judged, ruled or mediated by the court must be submitted to the court judgment, ruling or mediation document. In accordance with Article 1127 of the Civil Code, 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" includes legitimate children, illegitimate children, adopted children and dependent stepchildren. The parents referred to here include biological parents, adoptive parents, and dependent stepparents. The term "siblings" includes siblings of the same parents, half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.
After reading the above content, I believe you should have some understanding of this related issue. According to the law, men and women are equal, men and women have equal inheritance rights, and the law applies the same laws on inheritance issues, and the law protects the inheritance rights of rural women from infringement by others.
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Rural land, which cannot be inherited by daughters. Because rural land is collectively owned and does not belong to individuals, it cannot be inherited as an inheritance. However, in the case of rural houses, daughters can inherit by way of legal inheritance.
According to Article 362 of the Civil Code of Selling and Selling Cracks, which came into effect in 2021, the owner of the homestead land has the right to occupy and use the collectively owned land in accordance with the law, and has the right to use the land to build residential buildings and ancillary facilities in accordance with the law. Article 1122 stipulates that an estate is the legal property of a natural person left behind upon his death. In accordance with the law or according to its nature, it is not allowed to inherit the inheritance of the middle reach, and it is not allowed to inherit.
This is Wang Xifeng's words of praising Lin Daiyu, this sentence kills three birds with one stone, not only praises Daiyu's beauty, but also flatters the ancestors without a trace, and quietly envelops the hearts of the sisters of the Jia family and the second wife of Xing Wang.
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