1. The house on the homestead belongs to the personal legal property of the decedent, and all heirs have the right of inheritance.
2. Homestead is not a heritage and cannot be inherited. If the heir does not belong to the peasant household registration, he will no longer enjoy the right to use the homestead.
3. The village committee has the right to recover the right to use the homestead, and the decedent can dismantle and clean up the attachments on the homestead, or sell the residence to the villagers who have the right to use the homestead in the village according to the regulations.
Can inherit the right to use the homestead are:
1 child
After the death of rural parents, the homestead enjoyed by parents was recovered by the village collective. If there is a house on the homestead, it can be inherited by the children according to law, regardless of whether the children's household registration is in the village. During the duration of the house, the homestead within the house can continue to be used until the house is destroyed.
Originally rural residents, their children have been working in cities and towns. After their parents died, the right to use rural homesteads should be owned by agricultural collective economic organizations. If the house still exists, it is an individual's private property, and the homestead allows the heirs of the house to use it.
2. Relatives
In his later years, a close relative of a lonely old man, such as a brother of the same age, will take care of the daily life of the old man through adoption or pushing the door, so this person will inherit the property and house after his death.
The elderly have no close relatives, and they can be taken care of by their relatives who are far away in their later years. First of all, you have to get the consent of the old man and the consent of Murakami before you can move to the old man's house to live with him. When he dies, this relative will inherit all the property he left behind.
There is only one daughter in the family, and she is married.
(1) The daughter is married and the registered permanent residence has moved out.
Daughters can inherit their parents' house, which means that they indirectly have the right to use the homestead under the house, but this right to use is limited. The original house is not allowed to be rebuilt or built, but can only be repaired and strengthened. When the house is destroyed due to collapse and other reasons, it shall be recovered by the village collective economic organization where the parents were originally located.
(2) When the daughter got married, the registered permanent residence did not move out.
Then the daughter is still a member of the collective economic organization, and can confirm the homestead in her own name, and then she can rebuild the house or transfer it to the villagers who meet the distribution conditions of the right to use the homestead.
After the death of the elderly, their homestead should be recovered by the village collective, but there are houses on the homestead, and the elderly have heirs according to the legal inheritance, testamentary inheritance and bequest support agreement. The house was inherited by the heir. According to the principle of "integration of real estate and premises", the heirs need to inherit the ownership of the house and the right to use the homestead, and the rural homestead cannot be inherited separately.
Members of non-rural collective economic organizations who inherit houses may register ownership in accordance with relevant regulations. The obligee indicated in the real estate register and the note column is the legal heir of the house that is not a member of the peasant collective economic organization, and the house belongs to the private property of the heir during the existence of the house.
Rural homestead refers to the rural land that restricts the members of the collective economic organization to meet the conditions and enjoy the right to use according to the standards stipulated by laws and regulations, and is used to build their own residential houses. Farmers only have the right to use the homestead, and the land belongs to farmers collectively.
1. The houses built on the homestead belong to citizens' personal property and can be inherited. In practice, the inheritance of farmers' homestead can be divided into the following situations: the heirs are members of collective economic organizations, and if they meet the application conditions for homestead, they can obtain the homestead of the inherited house after approval;
2 do not meet the application conditions, you can sell the house to other villagers who meet the application conditions. Unwilling to sell, the house shall not be rebuilt, rebuilt or expanded. When uninhabitable, the homestead shall be recovered by the collective economic organization. If the heir is a resident of this city, it shall be handled in accordance with the above-mentioned circumstances that do not meet the application conditions for homestead.