The ownership and use right of homestead are separated. The ownership of rural homestead belongs to the village collective, and the right to use it belongs to the house owner. Rural villagers' right to use the homestead is based on the specific identity of "villagers". Villagers only have the right to use the homestead and cannot dispose of the homestead at will. It can be seen that the homestead does not belong to the heritage and cannot be inherited. However, the houses built on the homestead belong to individual citizens and can be inherited. For the homestead that has inherited the house but has not yet been confirmed, according to the provisions of Several Opinions on Registration and Certification of Rural Collective Land Confirmation: "Members of the peasant collectives who already own the homestead, rural or urban residents who are not members of the peasant collectives, can register and issue certificates according to the regulations because of inheriting the house, and the remarks column of the collective land use certificate should indicate that" the obligee is the legal heir of the house of the original peasant collectives ".
Article 3 of People's Republic of China (PRC) Law of Succession
Legacy is the personal legal property left by a citizen when he dies, including:
Citizens' income;
(2) Houses, savings and daily necessities of citizens;
(3) Citizens' trees, livestock and poultry;
(4) Cultural relics, books and materials of citizens;
(five) the means of production that the law allows citizens to own;
(six) the property rights in the copyright and patent rights of citizens;
(7) Other lawful properties of citizens.