Rural housing inheritance problem

Houses in rural areas are farmers' private property, which is inherited by will or law. Homestead belongs to farmers' collectives and cannot be inherited as an inheritance, but it can be used by heirs.

Inheritance of rural houses. According to Articles 5 and 10 of the Inheritance Law, if there is a will, it shall be inherited or bequeathed according to the will; If there is no will, it shall be inherited by the spouse, children and parents. If there is no heir in the first order, it shall be inherited by brothers and sisters, grandparents and grandparents.

On the use of homestead. According to Article 8 of the Land Management Law: "Homestead, private plots and private hills are collectively owned by farmers." Rural villagers can only own one homestead, and the area of the homestead shall not exceed the standards set by provinces, autonomous regions and municipalities directly under the central government. Rural villagers who apply for homestead after selling or renting houses shall not be approved. Because the homestead is not the private property of farmers, it cannot be inherited. According to the provisions of "Several Opinions on Registration and Certification of Rural Collective Land Ownership", if the heirs of rural houses are not members of peasant collectives, the registration authority shall indicate in the remarks column of the collective land use certificate that "the obligee is the legal heir of the houses of the original members of peasant collectives".