Homestead is the land used by villagers to build houses. Villagers who want to use the homestead can apply to the village Committee and get approval from relevant departments. A villager can only own one homestead. Land and houses in our country are managed separately. According to the regulations, homestead is a collective construction land for farmers to build houses based on their membership in collective economic organizations. Farmers can get land without paying any land fees. It belongs to welfare distribution and cannot inherit the homestead. The homestead does not belong to the inheritance of the decedent, so the right to use the homestead cannot be inherited. However, after the death of the owner of the rural house, the heir can inherit the house and continue to use the homestead under the house after inheriting the house. Article 363 of the Civil Code of People's Republic of China (PRC) stipulates that the acquisition, exercise and transfer of the right to use the homestead shall be governed by the Land Administration Law and relevant state regulations. Therefore, the inheritance that cannot be inherited according to the law or its nature shall not be inherited. The homestead certificate belongs to the rural collective economy, does not belong to personal wishes, and is not the inheritance of the decedent, so it cannot be inherited. (a) adhere to the principle of "the integration of premises", if the house on the homestead is uninhabitable for many years, it will collapse. The homestead of this kind of house cannot be inherited separately, and it must be that the house can still live, so as to inherit. (2) It is common to apply for housing renovation in rural areas, because old houses need to be renovated and replaced. There was no need to apply in the countryside before. But it's different now. Even the children of urban hukou have the right to inherit the homestead. According to the existing relevant regulations, an application must be made for the renovation of rural houses. (3) The transfer of homestead is restricted. Anyone who knows the rural homestead policy knows that rural homestead can only be transferred between collective economic organizations. Some people inherit the house on their parents' homestead, but they don't live here all the year round and want to transfer ownership. If they want to transfer, they can only transfer to people in the same village. Because the reform of homestead inheritance policy is to promote the development of rural economy, not to increase the income of children with urban hukou. (1) Children who meet the application conditions for homestead can inherit directly. The houses on the homestead are the personal property of the villagers. After the death of the farmer, the children can inherit this part of the property with the approval of the village Committee, but only if the children meet the application conditions of the homestead, otherwise there is no way to inherit. (2) Children who do not meet the application conditions for homestead can sell their houses. If the children of farmers do not meet the application conditions of homestead, they can choose to resell this part of the property to local villagers who meet the application conditions. Of course, if you don't want to buy a house, you can, but children can't rebuild or expand the house until the village Committee takes it back. (3) If the house belongs to complete property rights, it can be directly inherited. If the house above the homestead is built by the villagers themselves, then the house belongs to complete property rights. According to the relevant regulations, this kind of house can be inherited, but children need to apply to the relevant departments to change the ownership of the house. Rural homestead is a kind of welfare given to its members by rural economic organizations, not the personal property of members of collective economic organizations, and cannot be inherited according to law. However, the houses on the homestead are built by individuals and can be disposed of as heritage and inherited. Therefore, the rural homestead certificate cannot be inherited separately, and the heirs can inherit the houses on the homestead. After inheriting the house, they may have the right to use the homestead.

Legal objectivity:

Article 11 of the Notary Law of People's Republic of China (PRC) * * * According to the application of natural persons, legal persons or other organizations, the notary office handles the following notarization matters: (1) Contract; (2) inheritance; (3) entrustment, declaration, gift and will; (4) division of property; (5) Bidding and auction; (6) Marital status, kinship and adoption; (seven) birth, survival, death, identity, experience, education, degree, position, title, whether there is a criminal record; (8) Articles of association; (9) Preserving evidence; (ten) the signature, seal and date of the document, and the copy and photocopy of the document are consistent with the original; (eleven) other notarization matters voluntarily applied by natural persons, legal persons or other organizations. For matters that should be notarized according to laws and administrative regulations, the relevant natural persons, legal persons or other organizations shall apply to the notary office for notarization.