First, understand the rights and interests of homestead
Homestead is the land allocated by rural collective land to villagers for building houses and their ancillary facilities. In China, the right to use the homestead is usually linked to the household registration and cannot be transferred to non-village villagers. The name on the homestead certificate represents the ownership of the land use right.
Second, the inheritance of father's homestead rights and interests
When the father dies, the right to use the homestead is not directly equal to inheritance. According to the Land Management Law of the People's Republic of China and its implementing regulations, the right to use the homestead belongs to the members of the rural collective economic organizations, which has the identity attribute and cannot be inherited. However, the houses on the homestead belong to personal property and can be inherited according to law.
Third, the handling of the case.
If the homestead certificate is still the name of the father and there is no transfer, then some difficulties may be encountered in actual operation. For example, when renovating or expanding a house or changing related rights and interests, you need to prove that you are the legal user of the homestead. At this time, you can provide your father's death certificate, proof of kinship and other related materials, and apply to the local land management department for registration of the change of the right to use the homestead.
Fourth, matters needing attention
When dealing with such problems, we need to pay attention to the following points:
1. Respect laws and regulations and ensure that your actions are legal and compliant;
2. Fully understand local policies and regulations to avoid unnecessary troubles caused by ignorance;
3. Keep relevant certification materials in case of emergency.
To sum up:
The homestead card is the father's name. If the father is deceased but has not transferred, it is necessary to understand the rights and interests of the homestead and the inheritance regulations. In practice, you can apply to the local land management department for registration of the change of homestead use right by providing relevant certification materials. At the same time, we must abide by laws and regulations, pay attention to local policies and regulations, and ensure that our actions are legal and compliant.
Legal basis:
Land Management Law of the People's Republic of China
Article 62 provides that:
Rural villagers can only own one homestead, and the area of the homestead shall not exceed the standards set by provinces, autonomous regions and municipalities directly under the central government.
Rural villagers should build houses in accordance with the overall land use planning of townships (towns), and try their best to make use of the original homestead in the village.
Rural villagers' residential land shall be audited by the township (town) people's government and reported to the county-level people's government for approval; Among them, those involving the occupation of agricultural land shall go through the examination and approval procedures in accordance with the provisions of Article 44 of this Law.
Rural villagers who apply for homestead after selling or renting houses shall not be approved.
People's Republic of China (PRC) inheritance law
Article 3 provides that:
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.