First, how is the new policy of rural homestead housing inheritance stipulated?
Civil code of People's Republic of China (PRC) (202 1, 1, 1 came into force)
Article 123 Effectiveness of statutory succession, testamentary succession, bequest and bequest support agreement After the succession begins, it shall be handled in accordance with statutory succession; If there is a will, it shall be inherited or bequeathed according to the will; If there is a legacy support agreement, it shall be handled in accordance with the agreement.
Article 124 If the successor renounces the inheritance after the inheritance begins, he shall make a written statement renouncing the inheritance before the disposal of the estate; If there is no indication, it is regarded as accepting inheritance.
The legatee shall, within 60 days after knowing the legacy, make an indication of accepting or giving up the legacy; If it is not due, it will be deemed as abandoning the inheritance.
Article 125 An heir who commits one of the following acts shall lose the right of inheritance:
(1) Intentionally killing the decedent;
(2) Killing other heirs in order to compete for the right of inheritance;
(3) Abandoning the decedent or maltreating the decedent if the circumstances are serious;
(4) Forging, tampering, concealing or destroying a will, if the circumstances are serious;
(5) forcing or obstructing the decedent to establish, change or withdraw his will by means of fraud or coercion, and the circumstances are serious.
If the heir has committed the acts mentioned in Items 3 to 5 of the preceding paragraph, and indeed shows repentance, and the decedent later expresses forgiveness or is listed as an heir in his will, the heir shall not lose his inheritance right.
If the legatee commits the act specified in the first paragraph of this article, he shall lose the right to be bequeathed.
Second, how is the legal inheritance of the estate stipulated?
Civil code of People's Republic of China (PRC) (202 1, 1, 1 came into force)
Article 126 Men and women enjoy equal rights of inheritance.
Article 127 The scope and order of inheritance of the legal heirs shall be inherited in the following order:
(1) First order: spouse, children, parents;
(2) The second order: brothers and sisters, grandparents and grandparents.
After the inheritance begins, the successor in the first order inherits, and the successor in the second order does not inherit; If there is no successor in the first order, it is inherited by the successor in the second order.
The children mentioned in this part include children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency.
The parents mentioned in this part include biological parents, adoptive parents and step-parents with dependent relationship.
Brothers and sisters referred to in this part include brothers and sisters of the same parents, half-brothers, adopted brothers and sisters, and stepbrothers and sisters with dependent relationship.
Article 128 If the decedent's subrogation inheritance children died before the decedent, the subrogation inheritance people are the direct descendants of the decedent's children.
If the decedent's brother or sister died before the decedent, the children of the decedent's brother or sister in subrogation inheritance.
Generally speaking, subrogation inheritance people can only inherit the share of the inheritance that subrogation inheritance people are entitled to inherit.
Article 129 Inheritance Right of Widowed Daughter-in-law and Widowed Son-in-law If a widowed daughter-in-law has fulfilled her main obligation to support her in-laws, she shall be regarded as the first heir.
Article 130 The principle of estate distribution: Under normal circumstances, heirs in the same order shall inherit the same share of the estate.
Heirs who have special difficulties in life and lack the ability to work should be taken care of when distributing their inheritance.
Heirs who have made major support obligations to the decedent or lived together with the decedent can get more points in the distribution of the estate.
If an heir who has the ability and conditions to support fails to perform the obligation of support, he shall not divide or divide the estate.
If the heirs agree through consultation, they may also be unequal.
Article 131 The right of full inheritance may be granted to the dependents other than the heirs, or to those who have more dependents than the heirs.
Article 132 Heirs shall handle the issue of inheritance through consultation in the spirit of mutual understanding, mutual accommodation, harmony and unity. The time, method and share of inheritance division shall be determined by the heirs through consultation; If negotiation fails, the people's mediation committee may mediate or bring a lawsuit to the people's court.
Although the rural homestead is the collective property of the village, the self-built house is as personal property as any other property. Therefore, the legal basis of inheritance is exactly the same as other heritages. Even if the heir's account has moved out, he can still inherit the house.