Legal analysis: According to relevant regulations, if the land collectively owned by farmers belongs to the village farmers according to law, it shall be operated and managed by the village collective economic organization or the villagers' committee. Homestead can't be inherited because it doesn't belong to citizens' property, but the house above it can be inherited. There are still many restrictions on inheriting rural homestead. The inheritance of the homestead must be based on the house, and only by inheriting the house on the homestead can we obtain the inheritance right of the homestead; Homestead can only inherit the right to use. At present, the right of homestead is divided into three categories: ownership, qualification and use right. The ownership of homestead belongs to rural collective organizations, and the qualification right can only be obtained by members of rural collective organizations, but only the right to use can be inherited.
Legal basis: Article 122 of the Civil Code of the People's Republic of China
Heritage is the personal legal property left by a natural person when he dies. An inheritance that cannot be inherited according to the law or its nature shall not be inherited.
article 363 the acquisition, exercise and transfer of the right to use the homestead shall be governed by land management laws and relevant state regulations.
article 62 of the law of the people's Republic of China on the administration of land and land, a rural villager 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. In areas where the per capita land is small and it is impossible to ensure that one household has a homestead, the people's government at the county level can take measures to ensure that rural villagers can live in homes according to the standards stipulated by provinces, autonomous regions and municipalities directly under the Central Government on the basis of fully respecting the wishes of rural villagers. Rural villagers building houses shall conform to the overall land use planning and village planning of townships (towns), and shall not occupy permanent basic farmland, and try to use the original homestead and village Uchikoga. The overall land use planning and village planning of townships (towns) shall make overall planning and reasonable arrangement of homestead land, and improve the living environment and conditions of rural villagers. Rural residential land, approved by the township (town) people's government; 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. After the rural villagers sell, lease or donate their houses, they will not be approved if they apply for homestead again. The state allows rural villagers who have settled in cities to voluntarily withdraw from their homesteads with compensation according to law, and encourages rural collective economic organizations and their members to make active use of idle homesteads and idle houses. The competent department of agriculture and rural areas in the State Council is responsible for the reform and management of rural housing sites throughout the country.