But the house built on the homestead can be inherited, but it cannot be rebuilt. When the house dies naturally, the village collective will take back the homestead. In other words, children who are already urban hukou cannot inherit their parents' homestead, but they can inherit the house on the homestead until the house dies naturally.
Extended data:
Property inheritance refers to the legal act of transferring the house ownership and land use right left by the decedent to the heir in accordance with the provisions of the inheritance law. Inheritance of real estate is a derivative acquisition of ownership and use right.
brief introduction
procedure
There are houses within the scope of inheritance listed in China's Inheritance Law. The so-called house inheritance means that after the decedent dies, his property belongs to his testator or legal heir. Therefore, only the decedent's house has legal property rights can be inherited.
In the event of inheritance, if there is more than one heir, the property shall be converted according to the will and relevant laws, and the original property certificate, will and other materials shall be presented to the competent department for transfer procedures. Effective proof is required for the transfer of house property rights, and the specific steps are as follows:
Need to prove
1, the legacy of the elderly is the property of all heirs.
2. The successor's agreement on the division of all property of * * * shall come into effect as long as the heirs agree and sign it, and no successor may breach the contract.
3. If the heirs have no objection to the division of the inherited property, they can handle the transfer formalities with this agreement.
Inheritance step
Handling the procedures of real estate inheritance must go through the procedures of housing evaluation, inheritance notarization and application for real estate registration. After the death of the owner of the house who has obtained the house ownership certificate, his legal successor may apply for the registration of house inheritance. The general steps are as follows:
1. Housing evaluation: First of all, the market value of a house must be evaluated by an evaluation company. The appraisal company will conduct professional price analysis and property price appraisal according to the important factors such as the road section, sitting direction, floor and age of the house, so as to determine the accurate property market price.
2. Inheritance notarization: the applicant shall go to the notary office where the house is located to handle the inheritance notarization and receive the certificate of inheritance. When handling notarization, the death certificate of the owner of the house, the list of legal heirs issued by the legal authority, and the will (if any) made by the original owner of the house shall be provided, and the original will shall be submitted at the same time.
If some legal heirs voluntarily give up their inheritance rights, they must issue a letter of commitment to give up their property.
3. Housing Surveying and Mapping: Applicants must go to the real estate surveying and mapping department to go through the formalities of surveying and mapping the housing area or drawing, and receive the surveying and mapping results or drawings before they can go through the formalities of property right registration.
4. Inheritance registration: the applicant applies for inheritance registration at the real estate trading center with real estate title certificate, inheritance notarial certificate, house mapping and other certificates. After filling in the application for registration of real estate property rights and submitting the above information, the case-handling personnel will accept it and issue a receipt. After all the materials are reviewed, the changed owner's real estate license will be issued.
5. Other materials that need to be submitted: If the matters related to the ownership of the house are judged, ruled or mediated by the court, the court judgment, ruling or mediation shall be submitted. After field surveying and mapping, it is found that the house has been rebuilt or illegally built, and it must be reported to the planning department for approval or decision.
Genetic condition
Inheritance is a legal system, and inheritance relations can only occur under certain conditions.
First, inheritance should occur after the death of the decedent (the person who left the property in the inheritance of real estate). This is the first condition of inheritance. In order to avoid possible disputes over property in the future,
It is also a legal act to give the property right to the heir before his death, such as giving it to one or all children, but this is not inheritance, because inheritance has not yet begun, but a gift before his death.
Two, the person who inherits the estate shall be the legal heir of the decedent, that is, the heir who can be the heir according to the law. This is the second condition of inheritance. If the decedent makes a will, transferring the property to someone other than the legal heir, or donating it to the state or the collective, it is also a way for the decedent to dispose of the estate, but this is not inheritance, but bequest.
Three, the inheritance should be the property owned by the decedent before his death. This is the third condition of inheritance. Some property belongs to * * *, such as * * jointly owned by husband and wife. When one party dies, not all the property becomes an inheritance.
At this time, the property rights should be divided first, and before inheriting the inheritance, the share belonging to the decedent's spouse should be divided first (unless otherwise agreed, half of the property share should generally be divided).
After the beginning of inheritance, it shall be handled according to legal inheritance: if there is a will, it shall be handled according to the will inheritance or bequest; If there is a legacy support agreement, it shall be handled in accordance with the agreement. After the death of the decedent, if he made a will before his death, or signed a bequest and support agreement with social organizations or individuals, he shall first dispose of the estate according to the contents of the will or bequest and support agreement. If there is no will or agreement, it shall be treated as legal inheritance.
References:
Baidu encyclopedia-real estate inheritance