For rural homestead inheritance, it usually occurs after the death of the original rights holder. Many people are not very clear about the inheritance regulations of rural homesteads. Let’s take a look at the new provisions of the rural homestead inheritance law with the editor. By the way, can rural homesteads be inherited and what procedures are required for rural homestead inheritance. Friends who are interested should come and take a look.
1. New provisions of the Rural Homestead Inheritance Law
1. Judging from the new provisions of the Rural Homestead Inheritance Law, rural homesteads are not the property of individual citizens and cannot be inherited. of.
2. According to Article 3 of the "Succession Law", the scope of inheritance
Inheritance is the legal personal property left by a citizen when he dies, including:
(1 ) Citizens’ income;
(2) Citizens’ houses, savings and daily necessities;
(3) Citizens’ forests, livestock and poultry;
( 4) Citizens’ cultural relics and books and materials;
(5) Production means permitted by law to be owned by citizens;
(6) Citizens’ property rights in copyrights and patents;
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(7) Other legal property of citizens.
3. Article 8 of the "Land Management Law"
Land in urban areas belongs to the state. Land in rural areas and urban suburbs, except for the state-owned land as stipulated by law, is collectively owned by farmers; homesteads, private land, and private hills are collectively owned by farmers.
2. Can rural homestead land be inherited?
1. Can rural homestead land be inherited? According to our country's laws, rural homestead land cannot be inherited. Among them, the policy on homestead land stipulates that the right to use rural homestead land and all money are completely separated. Farmers refer to the right to use homestead land, and only the specific status of the villager can apply. For example, if you have transferred to an urban household registration, People who do not belong to the village no longer have the right to use the homestead. Moreover, villagers cannot dispose of the homestead at will. For example, when transferring it to other people, the village collective consent must be obtained, and relevant conditions must be met.
2. However, the houses on rural homesteads belong to individual villagers and their children can inherit them. Our country's law stipulates the principle of "the land follows the house", which means that if you inherit your parents' house, you can of course use the homestead occupied by the house. Therefore, when your parents die, you can inherit your parents' house and continue to use the homestead. However, if the house on the homestead collapses, you cannot inherit it. At this time, the homestead has nothing to do with you and will be taken back by the village collective. .
3. However, when inheriting the house on your parents’ homestead, you must submit a land change registration application to the land administration department of the people’s government at or above the county level in your area, and follow the normal procedures. Government personnel will register changes to the homestead use rights in accordance with the law. But it should be noted that this refers to the result of inheriting your parents' house. What you inherit is not the homestead. If the house you inherit collapses and disappears in the future, you cannot rebuild and continue to use the homestead.
3. What procedures are required for rural homestead inheritance
(1) Submission of materials
1. ID cards, household registers or other identity certificates of all heirs;
2. Death certificate of the deceased (for example, death certificate issued by a medical institution; death certificate issued by the public security organ or household registration cancellation certificate indicating the date of death; judgment of the people's court declaring death; other capable Materials proving the death of the deceased, etc.);
3. Proof of kinship between all heirs and the deceased (such as household registration book, marriage certificate, adoption certificate, birth medical certificate, public security agency and village committee , certification materials issued by the neighborhood committee, the decedent or the successor unit, and other materials that can prove relevant kinship relationships, etc.);
4. Materials showing that the decedent enjoys real estate rights;
5. If you want to give up inheritance, you should sign a statement giving up inheritance rights at the office of the real estate registration agency under the witness of the staff;
6. If the decedent had a will or a legacy support agreement during his lifetime, submit his entire will Or a legacy support agreement;
7. If the decedent and his spouse had a marital property agreement before his death, a written agreement must be submitted.
(2) Inspection and inquiry
Before accepting registration, all legal heirs*** should go to the real estate registration agency where the real estate is located to inspect the inheritance materials.
The real estate registration agency may inquire about whether the heirs are complete, whether they are willing to accept or give up inheritance, whether there are any objections to the content and authenticity of the real estate inheritance agreement or will, whether the submitted information is authentic, etc., and make Good records, signed and confirmed by all relevant personnel.
Only after inspection or inquiry, the real estate registration agency can accept the application if it meets the conditions for acceptance.
(3) Acceptance and review
After acceptance, the real estate registration agency should also conduct a careful review. If it is considered necessary to further verify the situation, a letter can be sent to the unit that issued the certification materials, the deceased's original unit or the village committee or neighborhood committee of the place of residence to verify the relevant situation.
(4) Public registration
The real estate registration matters to be registered shall be publicized on the portal website of the real estate registration agency, and the publicity period shall be no less than 15 working days. If there is no objection at the expiration of the publicity period, the application registration matters will be recorded in the real estate registration book. Only in this way can the transfer registration be considered complete.
The above is the relevant content about the new provisions of the rural homestead inheritance law, can rural homestead inheritance be inherited, and what procedures are required for rural homestead inheritance. I hope it will be helpful to everyone!