If the rural land contract remains unchanged for 30 years, what should be done if the person dies?

1. It is wrong for the previous village committee of your village to take back the contracted land of the deceased population. The death of any of the contractor's peasant households or the relocation of their household registration does not affect the performance of the land contract. However, the village committee's unauthorized resumption of part of the contracted land by the contractor is an act of unilateral modification of the contract, which violates the Regulations of the Inner Mongolia Autonomous Region on Agricultural and Animal Husbandry Contracts.

2. The village committee of your village should refer to the practice of our township, and this year our township has basically returned the contracted land of the deceased population that was previously recovered.

3. Regulations on Agricultural and Animal Husbandry Contracts in the Inner Mongolia Autonomous Region

Chapter 5 Modification and Termination of Contract.

Article 22 In any of the following circumstances, the contract shall be allowed to be modified or terminated:

1) The agreement reached by both parties through consultation does not harm the interests of the state, the collective, or a third party.

Target; 2) There are major changes in relevant state provisions, seriously impacting the interests of one party;

3) The contract cannot be performed due to force majeure such as natural disasters;

4) The contracted cultivated land, pastures, water surfaces, etc., have been requisitioned by the state or have been organized by collective economic organizations.

Members and household representatives will discuss the need for unified adjustments;

5) The contractor loses the conditions for performance of the contract due to the contractor's loss of operational capacity;

6) One of the parties has seriously breached the contract, making it impossible or unnecessary to perform the contract;

7) Engaging in destructive or predatory operations of contracted resources, which is ineffective upon dissuasion;

8) It is a change in laws or regulations.

Article 23 Where one of the parties requests to modify or terminate the contract, it shall notify the other party in writing.

The other party shall give a reply within 20 days of receiving the notice, and shall not reply at the end of the period without a legitimate reason.

is considered the default. After consultation between the two parties, a written agreement on the modification or termination of the contract shall be signed.

Article 24 The modification or termination of a contract whose subject matter is obviously unreasonable shall be subject to collective review.

The members of the economic organization or the household representatives will reach a consensus through consultation and report to the local contract management department for the record.

Chapter VI Liability for Breach of Contract.

Article 25 The contract cannot be performed or cannot be performed due to the fault of one of the parties.

Full performance, and the party at fault bears the liability for breach of contract; Both parties are at fault, depending on the magnitude of the fault.

Bear the corresponding liability for breach of contract.

Article 26 The parties who violate the agricultural and animal husbandry contract shall pay the breach of contract in accordance with the provisions of the contract.

Gold. If the economic losses caused to the other party due to the breach of contract exceed the liquidated damages, compensation shall also be paid.

If the other party requests continued performance of the contract, it shall continue to perform.

Article 27 The contract cannot be performed due to the fault of other units or individuals.

If it cannot be fully performed, the breaching party shall first pay liquidated damages and compensation to the other party, and then pay the other party.

The unit or individual at fault recovers.

Article 28: The contracting party shall have respect for the cultivated land, pastures, orchards, forest lands, and water surfaces under the contract.

If other means of production are engaged in predatory management, desolation, damage, loss, etc., they shall be paid in accordance with the provisions of the contract.

Pay liquidated damages, compensation, and even terminate the contract.

I hope you will be a good village official who cares about the masses, my).

It's best to negotiate a solution.

There are two households in our village, one old man A has a lot of land, and one family has more children B (twins), and the village committee originally wanted to take back half of A's land and distribute it to another family (their children have gone to work in other places, and their hukou has been involved), but it is also because of the 30-year unchanged policy...

In the end, through negotiation, B contracted all the land of A, but it was lower than the ** on the market, almost a little more than half, and both families were very happy.

Give the land back to the villagers. Before the expiration of the land contract, it has legal benefits.

Summary. Hello, it is a pleasure to answer your question, the rural land has not changed for 30 years, and the land will be recovered after the death of the old man, and the answer to your question is: if there are still people in the family, it cannot be recovered.

Hello, I am happy to answer the question for you, the land in the countryside has not changed for 30 years, and after the death of the old man, will this land be reclaimed The answer to your Sun Wang's question is: This is the same as Kai Collapse, if there are still people in this family, it cannot be recovered.

The household responsibility system does not change due to the increase or decrease in the number of personnel, after which the entire "household" of the family is eliminated and the village can take back the land.

If there are still people in the family, the land will be planted by other members of the same contractor.

Hello, my uncle and my aunt have no boys, only five girls have been married, in a discussion is the death of the two old people who called Libend, I bear all the funeral, 8 acres of land and responsibility for the field belong to me, now both have died, to cancel the household registration, please repent and ask the land and responsibility and stuffy field I can still inherit.

I can inherit it. However, the child's consent is required.

There is no will.

If there are witnesses and wills, can I still inherit if the household registration is cancelled?

The will has not been notarized.

No, just find a few witnesses, the old man can't write, someone else brings a pen, is it okay to only press the handprint.

Is it true that the children of the old man now have objections to this matter?

If they don't agree, I want to know if the local production team will take it back if the account has been cancelled.

Because the policy has just been reformed this year, this is 2023, and there are changes in the terms.

Summary. After the death of an elderly person, if the land use right still belongs to the farmer, the heirs or lessees of the farmer need to continue to operate the land. If the land use right is owned by a collective, it needs to be handled by a management agency such as a rural collective economic organization or a village committee.

It should be noted that if the rural land use right is not renewed or transferred after expiration, the land use right will be automatically withdrawn and returned to state ownership. Therefore, if the land contract period has expired and no operation such as renewal or circulation has been carried out, the land will be repossessed and can no longer be operated.

After the death of an elderly person, if the land use right still belongs to the farmer, it must be done and the heirs or tenants of the farmer should continue to operate. If the land use right is owned by a collective, it needs to be handled by a management agency such as a rural collective economic organization or a village committee. It should be noted that if the rural land use right is not renewed or transferred after expiration, the right to use the rock trace of the land friend will be automatically recovered and returned to the state ownership.

Therefore, if the term of the land contract has expired and there is no renewal or transfer, the land will be repossessed and can no longer be operated.

Both parents are from the countryside, and they both went to the world last year, and the children's household registration is no longer erected in the countryside, and the village has taken back all the land, is it okay? 30 years unchanged, does it have anything to do with this?

Kiss me and check it out.

If your parents' land rights are still owned by the farmer, the land rights should continue to be held by their heirs or tenants after they pass away. If you and other siblings are not in the rural hukou, then you need to entrust other relatives with rural hukou to handle the land use right issue. If your parents' land is collectively owned, it will need to be handled by a management agency such as a rural collective economic organization or village committee.

In this case, the village committee's act of recovering the land needs to follow the relevant procedures and regulations, and the land cannot be repossessed at will. It should be noted that 30 years unchanged does not mean that the land use right is permanent, and after the expiration of the land contract period, the change of silver needs to be renewed or transferred, otherwise the land will be automatically recovered and returned to the state ownership. If your parent's land contract has expired and has not been renewed or transferred, the land may have been repossessed and can no longer be operated.

It cannot be inherited. Legal basis: Article 9 of the Land Management Law of the People's Republic of China Rural and suburban land, except for those owned by the state as prescribed by law, shall be owned by peasant collectives; Homesteads, self-cultivated land, and self-cultivated mountains belong to peasant collectives.

Article 11 The land owned by peasant collectives belongs to village peasant collectives according to law and is operated and managed by village collective economic organizations or villagers' committees.

Legal analysis: The other members of the family can continue to contract the land, and the heirs can continue to use the land during the contract period.

Legal basis: Article 32 of the Rural Land Contract Law of the People's Republic of China The contractor shall inherit the contract income in accordance with the provisions of the Inheritance Law. If the contractor dies, the heirs of the forest land contract can continue to contract during the contract period.

The land of the deceased in the countryside cannot be inherited, but the children can inherit the house on the foundation of the homestead, because after the death of a citizen, his personal legal property can be inherited by his heirs, and the inheritance is the personal legal property left by the citizen when he dies, including: the citizen's house, savings and daily necessities. As long as the citizen has the ownership of the house on the homestead in accordance with the law, the house can be inherited.

It should be noted that the ownership of the homestead used by the citizen belongs to the collective, and only the ownership of the house on the homestead belongs to the citizen, so the right to use the homestead cannot be inherited, while the house on the homestead can be inherited.

According to Article 6 of the Land Management Law of the People's Republic of China, land in urban areas belongs to the whole people, that is, the state. Land in rural areas and on the outskirts of cities is collectively owned, except as provided for by law, which is owned by the State; Homesteads, self-cultivated land, and self-cultivated mountains belong to collective ownership.

1. The legal provisions on the inheritance of the right to use rural homesteads.

The Civil Code stipulates that heirs can only inherit the personal legal property left by a natural person when he or she dies, while the ownership of the homestead belongs to the collective, not personal property, so it cannot be inherited, but the houses on the homestead can be inherited. Article 362 of the Civil Code of the People's Republic of China provides that the owner of the right to use the homestead land shall have the right to occupy and use the land owned by the collective in accordance with the law, and shall have the right to use the land to build residential buildings and ancillary facilities in accordance with the law. Article 1122 An inheritance is the lawful property of a natural person left behind at the time of his death, except where it may not be inherited in accordance with the provisions of law or according to its nature.

2. Does the homestead belong to state-owned land?

The old homestead is not state-owned land. Article 8 of the Land Management Law of the People's Republic of China provides 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.

Each household can only apply for one homestead in rural areas, and cannot apply again after the transfer. Homesteads can be used in perpetuity and can be inherited. Homesteads in urban villages can also be used and inherited in perpetuity, and if they are expropriated in the course of urban planning, they should be compensated for their expropriation.

Homesteads should be legally acquired and have a land use certificate.

Legal Analysis: The inheritance that is distributed among the heirs at the time of inheritance must be the personal legal property left by the decedent at the time of death. The land left behind in the countryside at the time of the deceased's death is usually cultivated land, forest land, and typical homesteads used by the deceased.

But these are all owned by rural collective property, not by individuals, so they are not the inheritance of the deceased and cannot be inherited as an inheritance. However, the above-ground objects on the land, such as crops, woodlands, woods, as well as houses and ancillary facilities on the ground, can be inherited by legal heirs. If the heir wants to continue to use the homestead, then he should go to the village collective to apply for the right to use the homestead, and after passing the examination and approval, apply for a new certificate of the right to use the homestead, and then he can enjoy the right to use the homestead according to law.

Here is a reminder that among the heirs, only those who are registered in the collective organization of the village can apply for the use of the homestead, and the heirs of other villager organizations and urban household registration are not allowed to apply for the right to use the homestead.

Legal basis: Civil Code of the People's Republic of China

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 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.