Double female households cannot inherit their parents' land, and the contracted land management right belongs to members' rights, and non-residents of the village have no right to enjoy it. The contracted land has only the right to operate, not the right to inherit, and the household contract system is implemented. If any family member dies, the contracted land can be reserved without reducing the number. During the contract period, the whole family turned to non-agriculture and the contracted land was recovered.
Children are the first heirs of parents, and married women can inherit their parents' land for their legitimate property.
Legacy is the personal legal property left by a citizen when he dies. The following property can be inherited as an inheritance:
The lawful income of citizens; Housing, savings, daily necessities; Trees, livestock and poultry; Cultural relics, books and materials; The law allows citizens to own the means of production; Citizens' copyright, property rights in patent rights and other lawful property of citizens can be inherited as inheritance.
Second, what are the characteristics of heritage?
Heritage must meet three characteristics:
1, which must be the property left by citizens when they die;
2. It must be the property owned by individual citizens;
3. It must be legal property.
These three conditions must be met at the same time to become a heritage.
Three, can be used as inheritance property are:
Legitimate income of citizens. Such as wages, bonuses, deposit interest, legitimate business income, property acquired by inheritance or acceptance of gifts, etc.
(2) Citizens' houses, savings and daily necessities.
(3) Citizens' trees, livestock and poultry. Trees mainly refer to the trees planted by citizens on the homestead and the trees planted in hilly land.
(4) Cultural relics and books of citizens. Citizens' cultural relics generally refer to paintings, antiques and works of art collected by citizens themselves. If there are particularly precious cultural relics among the above-mentioned cultural relics, they shall be handled in accordance with the relevant provisions of the Law of People's Republic of China (PRC) Municipality on the Protection of Cultural Relics and the Law of China Municipality on the Protection of Cultural Relics.
(5) The law allows citizens to own all the means of production. Such as automobiles, tractors and processing machines contracted by rural specialized households. Various means of production owned by urban self-employed, overseas Chinese and compatriots from Hong Kong, Macao and Taiwan who invest in the Mainland.
(6) Citizens' property rights in copyright and patent rights, that is, the remuneration and bonus obtained based on the publication of citizens' works, or the patent transfer fee and patent use fee obtained by exploiting inventions and creations.
(7) Other lawful properties of citizens, such as citizens' treasury bills, bonds, stocks and other securities, demobilization fees and job-changing fees for demobilized veterans, and citizens' pensions and pensions.
When determining the inheritance in China, the first thing is to look at the ownership of rights and interests. If it is not owned by individuals, it cannot be inherited as an inheritance in any case. For example, citizens' legitimate income and property can be inherited. If it is the land use right, it can also be inherited, but the ownership cannot be inherited.
Legal basis:
People's Republic of China (PRC) Rural Land Contract Law
Sixth rural land contracting, men and women enjoy equal rights. The contract shall protect the legitimate rights and interests of women, and no organization or individual may deprive or infringe upon women's right to land contractual management.
Thirty-first during the contract period, if a woman gets married and fails to obtain the contracted land in her new residence, the employer shall not take back her original contracted land; If a divorced or widowed woman still lives in her original place of residence or does not live in her original place of residence but has not obtained the contracted land in her new place of residence, the employer shall not take back her original contracted land.
Article 32 The contractor's contracted income shall be inherited in accordance with 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.