Uncle is a five-guarantee household. If a person dies, can the nephew of the home base inherit it?
2019-11-2412: 53: 07 inheritance
Lincang legal question and answer consultant
Lincang legal question and answer consultant
2019-11-2412: 57: 54 answer
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Houses on the homestead can be inherited. According to the law, after a citizen dies, his personal legal property can be inherited by his successor. As long as citizens enjoy the ownership of the house on the homestead according to law, the house can be inherited. It should be noted that the ownership of the homestead used by citizens belongs to the collective, and only the ownership of the houses on the homestead belongs to the citizens, so the right to use the homestead cannot be inherited, but the houses on the homestead can be inherited. Article 3 of the Inheritance Law of People's Republic of China (PRC), the personal legal property left by a citizen at the time of his death includes: the house, savings and daily necessities of the citizen; People's Republic of China (PRC) Land and Land Management Law Article 6 Land in cities belongs to the whole people, that is, 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 all collectively owned.
Puer legal question and answer consultant
Puer legal question and answer consultant
2019-11-2412: 57: 54 answer
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According to the provisions of the inheritance law, only the personal property of the decedent can become an inheritance, while the rural land is owned by the village collective, not personal property, and some individuals only have the right to contract management, that is, the right to contract management of land does not belong to inheritance. The right to contracted management of land comes from the contract provisions of collective members and collective organizations, and it is an agreed right rather than a specific right given to members of rural collective organizations by law. Therefore, this is not inheritance, and it cannot be inherited. The Rural Land Contract Law stipulates: Article 31 The contracted income of a contractor shall be inherited according to the provisions of the Inheritance Law. If the contractor of the forest land contract dies, his successor may continue to contract during the contract period. According to this regulation, only the contractor's contracting income can be inherited, and the successor can only contract the forest land, because the forest land is special.
Dehong legal question and answer consultant
Dehong legal question and answer consultant
2019-11-2412: 57: 54 answer
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Urban hukou cannot inherit rural homestead. 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. A citizen's house belongs to the legal property of an individual and can be inherited in accordance with the provisions of the 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 all personal property according to their own wishes, that is, citizens with urban hukou can inherit rural houses. However, citizens with urban hukou inherit rural houses and are bound 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 Land Management Law and relevant laws and regulations, homestead is a collective construction land for farmers to build houses based on their membership in collective economic organizations. Farmers can get it without paying any land fees, which is a welfare nature and generally cannot be inherited. But the houses built on the homestead belong to citizens' personal property and can be inherited. In practice, the inheritance of the inherited right to use houses and homesteads is usually handled in different situations. The successor is a member of the collective economic organization, and if it meets the application conditions for homestead, it can obtain the inherited house and its 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 successor is a resident of this city, it shall be handled in accordance with the above-mentioned circumstances that do not meet the conditions for applying for homestead in advance. In other words, according to the principle that 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.