The ownership of the homestead belongs to the rural collective economic organization. Villagers only have the right to use the homestead and cannot inherit it.

As for the owner of the house, which already belongs to the client’s younger brother, the client does not have the first right of succession.

The legal effect of the transfer of homestead use rights: homestead

1. The right to use homestead shall not be transferred separately. The transfer shall be deemed invalid in the following circumstances:

(1) Purchase by urban residents;

(2) Purchase by legal persons or other organizations;

(3) The transferor has not been approved by the collective organization;

( 4) Transfer to someone other than a member of the collective organization;

(5) The transferee already has a house and does not meet the conditions for homestead allocation.

2. The transfer of homestead use rights must meet the following conditions:

(1) The transferor owns more than two rural houses (including homesteads);

(2) Transfer among members of the same collective economic organization;

(3) The transferee does not have a house or homestead, and meets the conditions for allocation of homestead use rights;

(4 ) The transfer requires the consent of the collective organization;

(5) The right to use the homestead shall not be transferred separately, and the land shall be transferred together with the house;

The above is the judicial practice of the Supreme People's Court Guidance - Understanding and Application of the Provisions of the "Property Law of the People's Republic of China" - Compiled by the Property Law Research Group of the Supreme People's Court. For detailed questions, you can check the local provincial and local legislation.

Land Management Law

Article 8: Land in rural areas and urban suburbs, except for the state-owned land as stipulated by law, is collectively owned by farmers; homesteads and private plots, private land, Liushan is collectively owned by farmers.

Article 62: Each rural villager household can only own one homestead, and the area of ??its homestead must not exceed the standards stipulated by the province, autonomous region, or municipality directly under the Central Government.

When rural villagers build residences, they should comply with the overall land use plan of the township (town), and try to use the original homestead and vacant land in the village.

The residential land for rural villagers shall be reviewed by the township (town) people's government and approved by the county-level people's government; if it involves the occupation of agricultural land, the approval procedures shall be handled in accordance with the provisions of Article 44 of this Law.

Rural villagers who sell or rent out their houses and then apply for homestead land will not be approved.

"Property Rights Law"

Article 152: The holder of the right to use a homestead has the right to occupy and use collectively owned land in accordance with the law, and has the right to use the land to build residences in accordance with the law. and its ancillary facilities.

Article 153 The acquisition, exercise and transfer of homestead use rights shall be governed by the Land Management Law and other laws and relevant national regulations.

"Inheritance Law"

Article 10: Inheritance shall be inherited in the following order:

First order: spouse, children, parents.

Second order: brothers and sisters, grandparents, maternal grandparents.

After the inheritance begins, the first-order heir will inherit, and the second-order heir will not inherit. If there is no first-order heir, the second-order heir shall inherit.