Can the resident population inherit and use rural collective land?

OK. Chapter 13 Right to use homestead land.

Article 153 The acquisition, exercise and transfer of the right to use homestead land shall be governed by the Land Management Law and other laws and relevant provisions of the State.

Article 154 Where a homestead is lost due to natural disasters or other reasons, the right to use the homestead shall be extinguished. Villagers who have lost their homestead land shall be redistributed to the homestead.

Article 155: Where the registered right to use a homestead is transferred or extinguished, the registration shall be changed or cancelled in a timely manner.

a could not inherit the homestead in the village because of the nature of his hukou. The law stipulates that homestead land can only be allocated to the residents of the village (agricultural hukou).

First of all, it should be made clear that the homestead is not an inheritance, not inherited, if there is a house on the homestead, the house can be inherited, legally speaking, it is "the house goes with the land, the land with the house transfers", if the household registration is not rural, there is no right to inherit the homestead.

According to the law, if there is no house on the homestead, the village committee can take it away after the death of the user. In practice, the heirs are the spouses, parents, and children of the deceased.

Legal Analysis: Rural land cannot be inherited. Rural land belongs to the village collective, and the legal property left by the individual who does not have ownership and does not belong to the decedent cannot become an inheritance and therefore cannot be inherited, but the houses on rural land can be legally inherited.

Legal basis: Article 10 of the Constitution of the People's Republic of China The land of the city belongs to the state. Land in rural areas and on the outskirts of cities is collectively owned, except as provided for by law and belonging to the State; Homesteads, self-cultivated land, and self-cultivated mountains are also collectively owned.

The State may, in accordance with the provisions of law, expropriate or expropriate land and provide compensation for the needs of the public interest. No organization or individual may occupy, buy, sell, or otherwise illegally transfer land. The right to use land may be transferred in accordance with the provisions of the law.

All organizations and individuals using land must make rational use of land.

Article 1122 of the Civil Code of the People's Republic of China An inheritance is the lawful property of a natural person left behind when he or she dies. An inheritance that cannot be inherited in accordance with the law or according to its nature shall not be inherited.

According to the relevant provisions of the Land Management Law, rural homesteads, like other land, are owned by village collectives, and although farmers can use them for free, they only have the right to use them, and only farmers can use them for free. Although the children of the right to use the homestead can inherit it, there are requirements for the inheritor, first of all, it must be a rural hukou, that is, a person with an urban household registration cannot have the right to use the rural homestead, so the children of a non-agricultural hukou cannot inherit the homestead left by their parents.

However, although the children of non-agricultural households cannot inherit the homestead left by their fathers, the houses built on the homestead can be inherited, because the house is the private property of a farmer's friend. However, after the children of non-agricultural household registration inherit the house left by their parents, they cannot renovate, reconstruct or expand it, but can only wait for the house to collapse and destroy naturally, and then the village collective will take back the homestead.

1. Can the homestead be transferred privately?

Homesteads are not valid in private.

The self-transfer of a homestead without a change registration is invalid. Socks, the homestead is not valid for private transfer.

According to Article 2 of China's Land Management Law, the legal treaty stipulates that land use rights can be transferred in accordance with the law.

According to the "Regulations on the Implementation of the Land Management Law of the People's Republic of China" Article 6 of the legal treaty: change the ownership and land use rights according to law, due to the transfer of buildings, structures and other attachments on the ground in accordance with the law resulting in the transfer of land use rights, must be to the land at or above the county level of the people's land administrative departments to take the initiative to apply for land change registration, and then by the original land registration authorities in accordance with the law and orderly registration of land ownership and land use rights change.

Rural villagers in the transfer of homestead land to meet the strict restrictions of the law on the period of transfer, must be in accordance with the law to the land administrative departments at or above the county level in an orderly manner to go through the relevant change registration procedures, otherwise the homestead transfer is invalid.

In short, individuals are not allowed to buy homestead land, and only have the right to use the homestead by way of transfer after the approval of the superior.

2. Procedures for changing the name of the homestead.

1. Prepare the required materials: registration application, identity certificate of the applicant, certificate of house ownership, certificate of right to use homestead or certificate of right to use collectively owned construction land, materials proving the transfer of house ownership, and other necessary materials.

If the application is made for the transfer of the ownership of the villagers' houses, the relevant supporting materials of the rural collective economic organization should be submitted.

2. After the applicant for the change of the rural homestead certificate prepares the relevant application materials, he shall submit an application for the name change of the homestead certificate to the village committee;

3. The applicant for the change of the rural homestead certificate shall submit the application and registration materials to the land institute of the jurisdiction, and after the materials are complete, the land institute shall issue the "Acceptance Receipt", which shall be stamped with the official seal of the land and resources department and signed by the applicant;

4. Wait for the review of the land and resources department;

5. After the audit is passed, the name of the homestead certificate will be changed and a new certificate will be issued.

Legal analysis: If the heir is a member of the collective economic organization and meets the conditions for applying for the homestead, he can obtain the inherited house and its homestead after approval and does not meet the application conditions, and the house can be sold to other people in the village who meet the application conditions, if he is unwilling to sell, the house shall not be renovated, rebuilt or expanded, and the homestead shall be recovered by the collective economic organization when it is in an uninhabitable state. If the heir is an urban resident, it will be handled in accordance with the above-mentioned circumstances that do not meet the conditions for early application for homestead.

In other words, in accordance with the principle of land and house, urban residents can continue to use the homestead based on the ownership of the house, but they are not allowed to renovate, reconstruct, expand, etc.

Legal basis: Article 1127 of the Civil Code of the People's Republic of China The inheritance of the estate 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.

Collective land cannot be inherited. Because land is collectively owned and not personal property, heirs can only inherit personal legal property left behind by the death of a natural person. But the houses on the land are inheritable.

Article 362 of the Civil Code of the People's Republic of China: The holder of the right to use the homestead land enjoys 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 363 of the Civil Code of the People's Republic of China The acquisition, exercise and transfer of the right to use homestead land shall be governed by the law on the Xiandan Chain of land management and the relevant provisions of the State. Article 1122 of the Civil Code of the People's Republic of China provides that an estate is the lawful property of an individual left behind by a natural person upon his death.

An inheritance that cannot be inherited in accordance with the provisions of the law or according to its nature shall not be inherited.