Urgent question on the inheritance of rural land and houses

For so long, no one has asked whether the legal formalities can be carried out now, and much depends on the attitude and habits of the village towards this type of property. The certificate they give you is your first-hand information. In the future, things can be done easily, and you can go to the Land Bureau or township and urban construction.

Go to the local land bureau and the housing property rights bureau to handle it, and you need a certificate from the local village community.

You can ask to inherit the house by way of inheritance.

If the house collapses, the ownership of the house is extinguished and you will not be able to get the house. If the house is a house on state-owned land, you can claim to inherit the land use right and then build another house; If it is a collective land, as a non-member of the collective organization, you have no right to claim the homestead use rights of the house.

If, within 2 years after the house is extinguished, the owner of the homestead land has not turned over the house, the homestead use shall be recovered by the village organization. So, if you want a room you need to act fast. In addition, if it is a homestead, you can only inherit the house, and you cannot register the right to use the homestead.

Because the homestead is collective property, not private, and the inheritance law stipulates that only private legal property can be inherited, the homestead cannot be inherited. However, according to the principle of the integration of property law and real estate, if you are eligible to obtain the right to use the homestead, you can register the right to use the homestead, otherwise, according to the provisions of the land registration measures, you cannot register the right to use the homestead. If registered, your homestead usable area is also "0".

In the countryside, the peasant has two important wealth, one is the contracted land and the other is the homestead. Many people are asking whether rural land can be inherited, and today we will talk about the inheritance of contracted land and homestead land.

Search for images1. Can rural contracted land be inherited?

Can rural contracted land be inherited? In fact, according to the relevant provisions of the Land Management Law,Both the contracted land and the homestead land are owned by the peasant collectives, and the peasants only enjoy the right to contract the management of the contracted land and the right to use the homestead land, and do not have ownership, so there is no such thing as inheritance.

However, the proceeds of the contracted land are the personal property of the citizen, so his heirs can inherit it. In addition, for some types of contracted land, if the contract period is over, the heirs can continue to contract. So, what types of contracted land can be contracted?

Let's take a look.

As we all know, contracted land includes: cultivated land, forest land, grassland, barren hills, barren ditches, barren hills, barren beaches and other rural lands. According to the relevant provisions of the Rural Land Contract Law, cultivated land, forest land and grassland are contracted by household contracting within rural collective economic organizations; Rural land such as barren mountains, barren ditches, barren hills, and barren beaches is contracted by means of bidding, auction, and public consultation.

Article 32 of the Rural Land Contract Law stipulates that "the contractor's contract income shall be inherited 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.

Article 54 stipulates: "In the event of the death of the contractor who obtains the right to operate land through bidding, auction, public consultation, etc., in accordance with the provisions of this Chapter, the contract income due to him shall be inherited in accordance with the provisions of the Inheritance Law; During the contract period, his heirs may continue to contract. “That is to say, during the contract period, the heir can continue to contract rural land such as forest land, barren mountains, barren ditches, barren hills, and barren beaches; However, cultivated land and grassland cannot continue to be contracted and will be taken back by the collective.

Of course, if the heir and the farmland contractor are the same household, the heir can continue to contract. This is because cultivated land and grassland are contracted by households within the rural collective economic organizations, and household contracts are based on households, and all family members in the household enjoy the same right to contract and manage, and as long as there are members in the household, the collective cannot take back the contracted land.

2. Can rural homesteads be inherited?

We mentioned it aboveBoth the contracted land and the homestead land are owned by the peasant collective, and the peasants do not have ownership, so there is no such thing as inheritance of the homestead land. However, if there is a house on the homestead, it is different.

According to the relevant provisions of the Inheritance Law, houses are the personal property of citizens and their heirs can inherit them. WhileThe homestead and the house cannot be separated, so the heirs inherit the house and also get the right to use the homestead. However, because the subject of the right to use the homestead is relatively special and can only be a member of the collective economic organization, if the heir is not a member of the collective economic organization or already has another homestead in the collective, then the inherited house cannot be renovated or rebuilt, and the homestead will be recovered by the collective after the house is uninhabitable.

Rural land is generally not inheritable on homesteads, because homesteads require the consent of collective members before they can be used. A house in the countryside can be inherited although it belongs to a homestead.

No, because the land belongs to the state and belongs to the contracting system, not to the individual, and after the death of the contractor, the heirs can continue to contract in the form of contracting.

Rural land belongs to peasant collectives, and its owners are owned by rural collectives, and individual peasants only have the right to use it. Because land is not an inheritance, there is no question of inheritance.

I was in Wangfuzhan Town, Guo County, and I bought land in the village and bought it at an open price! It's all judicially notarized, the contract, but the spring station town forcibly recovered, and if it is not recovered, the price will be increased, what is the reason, it is said that the land direct supplement exceeds the land contract fee, and the one-time payment bought at that time!

Land in rural areas cannot be inherited and is collectively owned. The law also stipulates that it must be the personal legal property of a citizen.

The land in the countryside is not inherited, and the law stipulates that if you do not have ownership, then you can only inherit the buildings on the land.

The land contract is my name, my ex-husband died, his current wife planted, and they didn't let me in the village.

No, our country's law stipulates that the land belongs to the state, and we only have the right to use, not the right to buy and sell. Rural land is now subject to a 30-year unchanged policy.

The rural house homestead and the homestead in front of the house are all owned by themselves, can the vacant land be bought?

Legal Analysis: Rural land cannot be inherited. Because the ownership of land belongs to the village collective, it cannot be inherited.

However, houses built on homesteads belong to individual citizens and can be inherited. The inheritance is the personal legal wealth left behind by the death of a natural person. An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.

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

Article 366 The acquisition, exercise and transfer of the right to use the homestead shall be governed by the law on land management and the relevant provisions of the State.

Article 364 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 their homestead land in accordance with law.

Article 365: Where the registered right to use a homestead is transferred or extinguished, the registration shall be changed or cancelled in a timely manner.

1) Rural land inheritance.

Rural land cannot be inherited, and according to Article 13 of the Rural Land Contract Law, household contracting is carried out by rural households as production and business units. If all family members die and the family dies, i.e., the household does not exist, let alone the inheritance of the land contract management right, the contract issuing party shall take back the contracted land. However, the contractor's due contract income shall be inherited in accordance with the provisions of the Civil Code (in force).

However, Article 50 of the Rural Land Contract Law stipulates that: "If the right to contract and operate land is obtained through bidding, auction, public consultation, etc., and the contractor dies, the contract income that the contractor should obtain shall be inherited in accordance with the provisions of the Civil Code (in force); During the contract period, his heirs may continue to contract. "The Supreme People's Court's judicial interpretation on the case of rural land contract disputes further clarifies that if the successor or the bearer of rights and obligations of the contracting party requests to continue the contract during the contract period, it shall be supported.

2) Rural real estate inheritance.

1. Go to the police station where the decedent's household registration is located to cancel the household registration and apply for a death certificate;

2. Go to the district or city notary office to handle the notarization of inheritance rights, and there are two kinds of real estate inheritance: one is the testamentary succession, and the other is the legal inheritance. The materials that need to be submitted are:

Death certificate of the decedent;

The property right certificate or other documents of the house are required to handle the transfer of the real estate certificate;

Household register or other documents that can prove the kinship between the deceased and the legal heir;

The identity document of the heir is required to handle the transfer of the real estate certificate;

Another information to be submitted for the notarization of inheritance rights with a will: the will made by the deceased.

3. For the registration of house transfer, the applicant is the heir or legatee.

The applicant shall submit the following documents to the registration authority: application for real estate registration, proof of identity, certificate of ownership of the house, certificate of the right to use the homestead or certificate of the right to use the land of collective ownership, notarized document of inheritance or notarial certificate of will, and notarial certificate of acceptance of bequest or deed tax payment certificate.

4. Bequest is different from statutory inheritance and testamentary succession, and it is necessary to pay taxes.

Legal Analysis: At present, rural land resources are mainly divided into: homesteads, contracted cultivated land, forest land, and grassland, and these lands belong to rural collective organizations, and ownership belongs to rural collective organizations, not to farmers, and farmers can only have the right to contract and use land.

Legal basis: Land Contracting Law of the People's Republic of China Article 31 After the death of a forest land contractor, his heirs can continue to inherit the contract during the contract period, and the death of the contractor who contracts cultivated land and grassland refers to the death of the contractor family, in which case there will be no inheritance relationship, and the land will be recovered by the rural collective organization.

Legal Analysis: Rural House Inheritance Process:

The procedures for real estate inheritance must go through the process of housing appraisal, inheritance notarization, and application for property rights registration. For a house that has received the "Real Estate Ownership Certificate", when the owner of the house dies, its legal heirs can apply for the registration of the inheritance of the house. The general steps are as follows:

1. Housing appraisal: First of all, the market value of the house must be assessed by the appraisal company. After the appraisal company makes a professional analysis and property price assessment, it can determine the accurate market value of the property.

2. Inheritance notarization: The applicant shall go to the notary office where the house is located to handle the inheritance notarization and receive the inheritance notarial certificate. When notarizing, the death certificate of the owner of the house and the list of legal heirs given by the relevant legal authorities must be provided, as well as the will made by the original owner of the house, and the original will should also be submitted.

If some of the legal heirs voluntarily renounce their inheritance rights, then a certificate of renunciation of property commitment must be issued.

3. Housing surveying and mapping: The applicant must apply to the real estate surveying and mapping department for the surveying and mapping of the housing area or the transfer of drawings, and receive the surveying and mapping results or drawings in order to go through the property rights registration procedures.

4. Inheritance registration: The applicant shall apply for inheritance registration procedures for real estate transactions with real estate ownership certificates, inheritance notarial certificates, housing surveying and mapping and other certificates. After filling in the "Application for Real Estate Property Rights Registration" and submitting the above information, the case-handling personnel will accept the case and issue a receipt.

After all the information is reviewed, Xiang Hao Mountain will issue the real estate certificate of the changed owner.

5. Other information to be submitted: If the ownership of the house and other matters are subject to court judgment, ruling or mediation, the court judgment, ruling or mediation must be submitted.

Legal basis: Law of the People's Republic of China on the Administration of Urban Real Estate Article 61 To obtain land use rights by way of transfer or allocation, it shall apply for registration to the local people's land management department at or above the county level, and the land use right certificate shall be issued by the local people's land management department at or above the county level.

If a house is built on the real estate development land obtained in accordance with the law, it shall apply to the local people's real estate management department at or above the county level for registration with the land use right certificate, and the local people's real estate management department at or above the county level shall verify and issue a house ownership certificate.

When real estate is transferred or changed, it shall apply to the local people's ** real estate management department at or above the county level for registration of real estate change, and apply to the people's ** land management department at the same level for registration of change of land use right with the changed house ownership certificate, and the people's ** land management department at the same level shall replace or change the land use right certificate after verification by the people's ** land management department at the same level.

Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws.