Father's homestead can be inherited as long as it is the legal heir, but inheritance is also conditional. 1. Parents are rural hukou, living in rural areas, and children are also rural hukou, living in rural areas and in the same village all the time. This situation can be inherited. 2. Parents are rural hukou, living in rural areas, and children are urban hukou, not living in rural areas. This situation cannot be inherited, and the homestead should be returned to the collective. 3. Parents are rural hukou, live in rural areas, and children work in cities, but their hukou is in rural areas and in the same village. This situation can also be inherited, but the relevant procedures must be handled. 4. If both parents and children live in cities and their registered permanent residence is still in rural areas, they can voluntarily withdraw from the homestead and get some subsidies. 5. If both parents and children are in cities, and the registered permanent residence is not in rural areas, the previously allocated homestead shall be returned to the village collective. In addition, the homestead is separated from the house above, but in general, the land follows the house, which everyone should know. , (1) children. After the death of rural parents, the homestead enjoyed by parents was recovered by the village collective. If there is a house on the homestead, it can be inherited by the children according to law, regardless of whether the children's household registration is in the village. During the duration of the house, the homestead within the house can continue to be used until the house is destroyed. Originally rural residents, whose children have been working in cities and towns, after the death of their parents, the right to use the rural homestead belongs to the agricultural collective economic organizations. If the house still exists, it is an individual's private property, and the homestead allows the heirs of the house to use it. , (2) relatives. In his later years, a close relative of a lonely old man, such as a brother of the same age, will take care of the daily life of the old man through adoption or pushing the door, so the property and house will be inherited by this person after the old man dies. Old people have no close relatives, but they can be taken care of by relatives far away in their later years. First of all, you have to get the consent of the old man and the consent of Murakami before you can move to the old man's house to live with him. When he dies, this relative will inherit all the property he left behind. The old man has no family or relatives and has been living alone. In his later years, Murakami took care of him. After his death, the house he left behind will be taken back by Murakami, and generally there will be no valuable property, which will be left there like Murakami. (3) There is only one daughter in the family who is married. In one case, the daughter gets married and the registered permanent residence moves out. According to the relevant provisions of the Civil Code and the principle of "the land follows the house", a daughter can inherit her parents' house. After inheriting the house, she will indirectly own the right to use the homestead under the house, but this right to use is limited. The original house is not allowed to be rebuilt or built, but can only be repaired and strengthened. When her parents' house collapses one day, the right to use the homestead disappears and will be taken back by the village collective economic organization where her parents once lived. In another case, the daughter got married and the registered permanent residence did not move out. Then the daughter is still a member of the collective economic organization, and can confirm the homestead in her own name, and then she can rebuild the house or transfer it to the villagers who meet the distribution conditions of the right to use the homestead. What needs to be reminded here is that the only child is not the only heir to his parents' property. In order to avoid property disputes after the death of parents, it is best for parents to make a will. Because China's inheritance order is: spouse, children and parents are the first heirs, and brothers and sisters, grandparents and grandparents are the second heirs. , 1, has been divided into households and has its own homestead. The standard of homestead is one household and one house. Now that we have separated households and have our own homestead, we naturally cannot inherit it. 2. Have applied for household registration, but do not meet the application conditions of homestead. Rural homestead resources are increasingly scarce. In order to protect the interests of other members of the collective, unqualified children cannot inherit. 3. Homestead belonging to illegal buildings. Houses built on cultivated land or vacant land without any approval. Such a homestead will not only not be confirmed, but will also be forcibly recovered by the village collective and cannot be inherited at all. Houses built on the homestead belong to citizens' personal property and can be inherited. In practice, the inheritance of farmers' homestead can be divided into the following situations: 1. If the heir is a member of a collective economic organization and meets the application conditions for homestead, he can obtain the homestead of the inherited house upon approval; 2 do not meet the application conditions, you can sell the house to other villagers who meet the application conditions. Unwilling to sell, the house shall not be rebuilt, rebuilt or expanded. When uninhabitable, the homestead shall be recovered by the collective economic organization. If the heir is a resident of this city, it shall be handled in accordance with the above-mentioned circumstances that do not meet the application conditions for homestead. Land follows the house (real estate integration). If the house on the homestead is built by itself, it can be inherited as an inheritance because it has complete property rights, and then the ownership of the house can be changed, and the homestead can continue to be used.
Legal objectivity:
Article 10 of the Constitution of People's Republic of China (PRC) City's land belongs to the state. Land in rural areas and suburban areas belongs to the collective, except that it is owned by the state according to the law; Homestead, private plots and private hills are also collectively owned. In order to meet the needs of public interests, the state may expropriate or requisition land in accordance with the law and make compensation. No organization or individual may occupy, trade or illegally transfer land in other forms. Land use rights can be transferred in accordance with the provisions of the law. All organizations and individuals that use land must make rational use of land. Article 122 of the Civil Code of People's Republic of China (PRC) * * * Legacy is the personal legal property left by a natural person when he dies. An inheritance that cannot be inherited according to the law or the nature of the inheritance shall not be inherited.