Your brother is also one of the heirs, but because your brother is an urban hukou, it also involves the issue of homestead within the scope of housing occupation.
Citizens with urban hukou can inherit rural houses. A citizen's house belongs to an individual's legal property and can be inherited according to the provisions of China's inheritance law. Both rural villagers and citizens with urban hukou can enjoy the right of inheritance in accordance with the provisions of the inheritance law and have the right to dispose of personal property according to their own wishes. However, when citizens with urban hukou inherit rural houses, they are also restricted by the Land Law. Urban citizens can only inherit the house on the rural homestead, but the homestead that supports this house cannot be inherited as an inheritance.
According to the aforementioned Article 62 of the Land Management Law and the Notice of the State Council Municipality on Strengthening the Management of Land Circulation and Prohibiting Land Speculation, the homestead is a collective construction land for building houses enjoyed by farmers based on their membership in collective economic organizations, and farmers can obtain it without paying any land fees. It is a kind of welfare property and generally cannot be inherited. But the houses built on the homestead belong to citizens' personal property and can be inherited.
With regard to the inheritance of the right to use the inherited house and homestead, it is usually handled according to the situation in China's judicial practice: the heir is a member of the collective economic organization and meets the application conditions for homestead, and can obtain the inherited house and homestead after approval; If you don't meet the application conditions, you can sell the house to other people in the village who meet the application conditions. If you don't want to sell, the house may not be rebuilt, renovated 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. In other words, according to the principle of "the land follows the house" stipulated by law, urban residents can continue to use the homestead based on the ownership of the house, but they are not allowed to rebuild, rebuild or expand it.