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This is stipulated by law for your reference, according to Article 31 of the Land Contracting and Development Law, the contractor shall inherit the contract income due to him in accordance with the provisions of the Inheritance Law. If the contractor of the forest land contract dies, his heirs may continue the contract during the contract period.
The death of the contractor refers to the death of all members of the contractor's household. If one person of the family that has contracted the farmland or grassland dies and the other members are still there, there is no inheritance problem, and the other members are still contracted.
According to Article 15 of the Land Contract Law, land contracting is based on the rural household as the unit, and the contractor refers to the rural household that contracts the land, not to a member of the family. It is a peasant household organized by a collective economy.
In fact, it is the old man who has confirmed the registration of the title, and in any case it must be in the name of the old man.
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After the land title is confirmed, the old man dies, and the title confirmation certificate should be given to his legal heir.
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It can only be in order of legal succession, or spouse. or children, or other heirs.
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1. Who owns the land right after the death of the elderly depends on the situation
1) If the elderly regard the land as a separate contract, the village committee can take it back;
2) If the land is contracted by the family, before the contract period is reached, other members of the family can handle the inheritance and continue to contract and use the land.
2. Legal basis: Article 3 of the Rural Land Contract Law of the People's Republic of China.
The State implements a system of contract management of rural land.
Rural land contracting is to be contracted by households within rural collective economic organizations, and rural land such as barren hills, barren ditches, barren hills, and barren beaches that are not suitable to be contracted by households may be contracted by means of bidding, auction, and public consultation.
Article 6 Women enjoy equal rights with men in rural land contracting. Women's lawful rights and interests shall be protected in contracting, and women must not be deprived or infringed upon by any organization or individual.
2. What are the procedures for handling disputes over land rights confirmation?
The procedures for handling land rights confirmation disputes are as follows:
1. Submit a written application to the people's land management department at or above the county level or the people at the township level;
2. Both parties present the materials and basis for presenting evidence;
3. On-site investigation and evidence collection by staff;
4. Organize both parties to mediate and make a written mediation statement;
5. If the mediation fails to reach an agreement or both parties repent, the land management department shall put forward the handling opinions in a timely manner and report to the people for the wrong decision.
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Individuals only have the right to use the land, but not ownership, so after the death of the elderly, the land use right is not the inheritance of the old man, and cannot be inherited in accordance with the law.
However, the state or collective, as the owner of the land, must take back the land use right.
According to the principle of "land follows the house", the new owner of the house can still obtain the right to use the land.
Legal basis: Article 335 of the Civil Code: Where land contracting and management rights are exchanged or transferred, the parties may apply to the registration authority for registration; Without registration, it is not allowed to confront a bona fide third party.
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Legal analysis: If the land is used in other ways, it can be inherited, including the income from the contracted land. If the land is collectively owned, inheritance is not permitted.
Legal basis: 1. Article 10 of the "Land Management Law" stipulates that state-owned land and land owned by peasant collectives may be determined for use by units or individuals in accordance with the law. Units and individuals using land have the obligation to protect, manage, and rationally use land.
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