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If the household is divided, it can independently enjoy the income of the contractor's land contracting and management right after the subdivision, and can also apply for homestead land separately. According to the Opinions on Carrying out the Pilot Work on the Registration of Rural Land Contracting and Management Rights (Nong Jing Fa [2011] No. 2) issued by the Ministry of Agriculture and other six departments, the relevant provisions on "the division of land contracting and management rights caused by the division of rural households by the contracted households" shall be submitted to the contract issuing party after reaching an agreement on the division of the contracted land, and the contract issuing party shall report to the county and township rural land contracting management departments for review and approval, and then re-sign the contract with the separated rural householdsThe county-level rural land contracting management department shall handle the change registration in accordance with the law, and shall separately renew the certificate of rural land contracting and management rights to the separated rural households. Rural Land Contract Law Article 16 The contracting party shall enjoy the following rights:
1) The right to use the contracted land, the income and the circulation of the land contracted management rights in accordance with the law, and the right to independently organize the production and operation and disposal of products; (2) Where the contracted land is requisitioned or occupied in accordance with law, they have the right to receive corresponding compensation in accordance with law; (3) Other rights provided for by laws and administrative regulations. Rural land rights confirmed, I live with my parents, what are the benefits of household registration?
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In Beijing, non-agricultural hukou workers who were confirmed as members of rural economic organizations at the time of the 2003 confirmation of rural rights enjoy the same rights.
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Legal Analysis: 1. If you were born in the first round of land contracting, at that time, the rural areas distributed land according to the capitation, and the more people in the family, the more land was divided. At this time, each family member is assigned land, and you can check the previous household records to know how much land you have.
In this way, you can directly divide the household with your own land after dividing the household.
2. Born late in the first round of land contracting, they were not actually allocated land. However, according to the current policy of increasing the number of people without increasing the land, and reducing the number of people without reducing the land, you still enjoy the right to contract and manage the land, and you can inherit the land of your parents in the future. At this time, you can negotiate with your parents to solve it, and how much land you will be given to be divided into households can be clarified, and then the two households can go through the process directly.
Legal basis: "Land Management Law of the People's Republic of China" Article 62 A rural villager household may only own one homestead land, and the area of the homestead shall not exceed the standards prescribed by the provinces, autonomous regions and municipalities directly under the Central Government. Rural villagers building houses shall conform to the overall land use plan of the township (town), and use the original homestead land and vacant land in the village as much as possible.
The residential land of rural villagers shall be reviewed by the people of the township (town) and approved by the people at the county level; Among them, where the occupation of agricultural land is involved, the examination and approval formalities shall be handled in accordance with the provisions of Article 44 of this Law. Rural villagers who sell or rent their houses and then apply for homestead land are not to be approved.
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Summary. Dear, the confirmation of land rights is carried out with reference to the household registration.
What should I do if the rural land rights are confirmed, and the land is not together?
Dear, the confirmation of land rights is carried out with reference to the household registration.
Confirmation of rights is not together.
Can I still put together a household register?
Land right confirmation is the right to contract and manage rural land, that is, the right to use land. It is not land ownership, but ownership belongs to the rural collective economic organization, that is, the land I usually call is the village.
Usually this happens to daughters who are married outside.
After the land right is confirmed, the mother's land use right is protected by law in accordance with the law; However, after arriving at the in-law's house, under normal circumstances, the in-law's house can no longer have the land use right of the local collective economic organization.
Whether it is possible to do without a household register.
However, if the land needs to be confirmed, you will be restricted from merging the household register.
The reasons are as follows: the rural land rights in the place where the original household registration is located are confirmed, and citizens who have moved out of the household registration cannot enjoy the confirmation of rights. After the hukou reform, it is clear that citizens who originally belonged to the local hukou can legally enjoy the local land rights confirmation, while those who have moved out before the hukou reform are deemed to have given up the relevant local policies and cannot enjoy them.
If citizens feel that there is a problem with the relevant documents of the local village committee, they can consult the housing authority and other institutions. "Opinions on Further Promoting the Reform of the Household Registration System" (12) Improve the rural property rights system. The right to contract land management and the right to use homestead land are the usufruct rights granted to peasant households by law, and the right to distribute collective income is the legitimate property right that peasants should enjoy as members of collective economic organizations.
Accelerate the confirmation, registration, and issuance of certificates for rural land rights, and protect farmers' rights to contract and manage land and use homestead land in accordance with the law. Promote the reform of the property rights system of rural collective economic organizations, explore methods for determining the membership of collective economic organizations and effective forms of collective economic realization, and protect members' collective property rights and income distribution rights.
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Legal analysis: After the division of the household, the land is also divided, then the land right confirmation will be carried out according to the land division at the time of the household division. If there is no land division after the division of households, in principle, the land rights will be confirmed to the original land contract households, but both parties can also apply to the rural collective organization for land division, and after the land contract is re-signed, the land rights will be confirmed
Legal basis: Article 3 of the Rural Land Contracting Law of the People's Republic of China Rural land contracting adopts the method of household contracting within rural collective economic organizations. Land contracting is based on the family unit, and in the process of land rights confirmation, the head of the family is generally the contractor, and other members of the family are the co-owners of the land to confirm the registration of land rights.
Under the family contract system, after the division of the household belongs to two families, in this case, the land that has been confirmed in the name of the parents will not be inherited.
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In our side, there are many ways to do this, that is, you can apply for separation of household registration after you get married. This kind of thing can only be used for a few brothers in your family, and you can divide it into many households, and if you are an only child, then you can't separate the household registrations on our side. Therefore, in such a case, you can only use one rural homestead.
Belong to a person in the family register. If it is a number of brothers, then when you get married, you can apply for separation of household registration, and you can go to the local public security bureau to inquire about the corresponding various regulations, and they will appear a clear chart so that you can fill in and how to apply for the process that has been established.
In addition, different regions have different needs for single-detached households. For example, in addition to the rural homestead currently in use, there must also be a rural homestead that has never been returned to the homestead before a single household can be detached. In such a case, the only way to do this is to apply to the villagers' committee for the transfer of a piece of rural homestead first, and then apply for the division of households after the transfer is completed.
However, this is done in areas where there are differences, and the transfer of other rural homesteads without just independent households is not a "multi-family house".So nowadays, there are some positions such as the grand rules and regulations of single-detached households.
There are some Zheng people who buy shoes. There are also cases where even though there is a single detached household, there are not too many housing bases in the village, and the application will not be allowed. What to do?
Only those who have withdrawn from the homestead will apply for processing and transfer. Or the application for homestead road has long been different, only the application for the demolition of the old site to build a two-story building, increase the total area of the house to deal with;There are also some original homesteads that are very large and have long since met the settlement requirements for the entire population of the current family. At this time, even if you have already been single-handed, the villagers' committee will not approve your homestead application.
After the slag key is divided, the method of social management in the country.
They still only recognize you and your parents as one family. Your individual behavior is a matter of the internal structure of your family, and the dominance and influence of your family in the social community has not changed. Naturally, when separating the household with the parents, there are some families where the parents and their sons and daughters-in-law independently negotiate and reach an agreement, and most of them still need some family elders to negotiate and solve some important things, <>
For example, how to allocate contracted land, how to distribute housing, what responsibilities the elderly should bear, and what obligations their sons and daughters-in-law should bear, and many other things must be clearly explained and clearly written. Since you are only a separate household, after your parents pass away, your parents will of course implement it to your head of household, and you are the one that your parents applied for registration. In fact, in our case, there are many only children who live separately from their parents, but there are no single families.
The only child and his parents are separated from each other, which is not allowed by the current policy, and other farmers in the same group do not recognize it, and will not allocate you rural homesteads again.
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If you share a homestead household with your parents, you can also divide the household. Specifically, you can carefully bring the original household registration book and the relevant Qing age certificate of your own concealment and respect to the household registration office to apply.
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No. Because you can't divide your household into one homestead, you should move your household registration to a new homestead so that you can divide your household.
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Yes, it should be determined according to the specific local regulations, and it is generally possible to obtain other homesteads after dividing the household registration.
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Hello, your own family, you should sit down calmly and talk about it and solve this matter. Under this premise, the following situations should be handled separately:
1. During the contract period after the parties and their parents are separated, the right to operate rural collective land shall be confirmed by the original head of the household (parents) (the item is based on the household), and after the redistribution expires, when the contract is issued again, the two parties shall confirm the rights respectively;
2. Homestead use right: On the premise that the party has never applied for the right to use the homestead in his or her own name, he or she may apply to the village (neighborhood) committee where the household registration is located with his or her household registration booklet and valid ID card, and go through the procedures for confirming the right to do so;
3. Specifically, you can bring your household registration book, ID card, etc., and consult the local village (resident) committee staff (such as: village director, etc.) in advance, and the specific reply of the other party shall prevail.
1. The provisions of the Rural Land Contract Law of the People's Republic of China:
Article 5: Members of rural collective economic organizations have the right to contract rural land contracted by their collective economic organizations in accordance with law.
No organization or individual may (strip) or restrict the right of members of rural collective economic organizations to contract land.
Article 20 The contract period for cultivated land shall be 30 years. The contract period for the grassland is 30 to 50 years. The contract period of forest land is 30 to 70 years; The contract period of forest land for special forests can be extended with the approval of the competent forestry administrative department.
2. The provisions of the Regulations of the People's Republic of China on Household Registration:
Article 5 Household registration is based on households. Where they reside together with the person in charge, they shall be established as one household, and the person in charge shall be the head of the household. If you live alone, you will be the head of your own household.
Households residing in government agencies, organizations, schools, enterprises, institutions, and other units and public dormitories are established together or separately. The head of household shall be responsible for filing the household registration in accordance with the provisions of this Regulation.
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You and your parents are two Hukou books, if you both have Hukou books and land. It's very easy to do, the two of you do your own thing, and you can do your own homestead and house license, if you are not two heads, but a head of household. In this way, the name of the household registration book and the homestead will be waiting for whom.
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Legal analysis: After separating the household from the parents, the confirmation of land rights should be separated to see what the situation is. If the land is also divided after the division of households, then the confirmation of land rights will be carried out according to the division of land at the time of household division.
If the land is not divided after the sub-household car is wear-resistant, in principle, the land rights will be confirmed to the original land contracting household, but both parties can also apply to the rural collective organization for land division, and after the land contract is re-signed, the land rights will be confirmed.
Legal basis: Article 5 of the Rural Land Contracting Law of the People's Republic of China provides that members of rural collective economic organizations have the right to contract rural land contracted by their collective economic organizations in accordance with law.
No organization or individual may deprive or unlawfully restrict the right of members of rural collective economic organizations to contract acres of land.
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Legal Analysis: Yes, after the death of a rural parent, the homestead enjoyed by the parents will be recovered by the village collective. If there is a house on the homestead, it can be inherited by the children in accordance with the law, regardless of whether the children's household registration is in the village or not.
During the term of the house, the homestead within the scope of the house's possession may continue to be used until the house is extinguished.
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 "brothers and sisters" as used in this Part includes brothers and sisters of the same parents, half-siblings or half-siblings, adoptive brothers and sisters, and step-brothers and sisters who have a dependent relationship.
No, the main thing is that you may have been living with your parents for a long time, and you also feel that you have grown up and should have your own private space, which is normal! If conditions permit, you can propose to your parents that if you move out for a period of time, you will go back, and you will feel good at home ( o ) ( o ah!
If you live with your mother-in-law, I think you can bear it, after all, there will be a certain generation gap between people in the two generations, which is a normal thing, and I guess there will be, so if you feel unhappy, then take a look at whether you can bear it or not, just reason with him, right? If not, forget it.
Absolutely. Because I lived with my parents, I have been living with my parents for 10 years, and although it is inevitable that there will be some stumbles, I feel very happy. >>>More
Try not to let the in-laws, educational philosophy and living habits are different, and the views on children's education are inconsistent. And the child will increasingly not understand the mother. The child should bring it himself.
No.
Parents and children are two generations with different living habits and different concepts, so living together is very discordant, and it is better to live separately. >>>More