According to the new provisions of the Law on Inheritance of Rural Homestead, can rural homestead be inherited? What are the procedures for the inheritance of rural homestead?

The inheritance of rural homestead usually happens after the death of the original obligee. Many people are not very clear about the inheritance rules of rural homestead. Let's take a look at the new provisions of the inheritance law of rural residential land in Bian Xiao. By the way, can rural homestead be inherited? What are the procedures for rural homestead inheritance? Interested friends come and have a look.

First, the new provisions of the rural homestead inheritance law

1. According to the new provisions of the Law on Inheritance of Rural Homestead, rural homestead does not belong to citizens' personal property and cannot be inherited.

2. According to Article 3 of the Inheritance Law, the scope of inheritance

Legacy is the personal legal property left by a citizen when he dies, including:

(1) citizen income;

(2) Houses, savings and daily necessities of citizens;

(3) Citizens' trees, livestock and poultry;

(4) Cultural relics, books and materials of citizens;

(5) The law allows citizens to own the means of production;

(six) the property rights in the copyright and patent rights of citizens;

(7) Other lawful properties of citizens.

3. Article 8 of the Land Management Law

The land in the city belongs to the state. Land in rural areas and suburban areas belongs to farmers' collectives, except for those that are owned by the state according to the law; Homestead, private plots and private hills are collectively owned by farmers.

Second, can rural homesteads be inherited?

1. Can rural homestead be inherited? According to the law of our country, rural homestead cannot be inherited. Among them, the homestead policy stipulates that the right to use rural homestead is completely separated from all the money. Farmers have the right to use the homestead and can only apply because of their specific status. For example, if you change it into a town hukou, people who don't belong to the village will no longer enjoy the right to use the homestead. Moreover, villagers can't dispose of the homestead at will. For example, the transfer to others must be approved by the village collective and meet the relevant conditions.

2. But the house on the rural homestead belongs to the villagers, and the children can inherit it. The law of our country stipulates the principle of "the land follows the house", which means that the house you inherited from your parents can of course use the homestead occupied by the house. So when parents die, they can inherit their parents' house and continue to use the homestead, but if the house on the homestead collapses, they can't inherit it. At this time, the homestead has nothing to do with you and will be taken back by the village collective.

3. However, if you inherit the house on your parents' homestead, you must apply to the land administrative department of the local people's government at or above the county level for land change registration and follow the normal process. At this time, the government personnel will change the registration of the right to use the homestead according to law. But it should be noted that this refers to the result of your inheriting your parents' house, not the homestead. The house you inherited will collapse and disappear in the future, so you can't rebuild and continue to use this homestead.

3. What procedures are required for the inheritance of rural homestead?

(1) Submission

1. Identity cards, household registration books or other identification certificates of all heirs;

2, the decedent's death certificate (such as a death certificate issued by a medical institution; A death certificate issued by the public security organ or a certificate of cancellation of household registration indicating the date of death; A judgment of the people's court declaring death; Other materials that can prove the death of the decedent);

3. Proof of kinship between all heirs and decedent (such as household registration book, marriage certificate, adoption certificate, birth medical certificate, certification materials issued by public security organs, village committees, neighborhood committees, decedent or successor unit, and other materials that can prove related kinship, etc. );

4. The materials that the decedent enjoys real estate rights;

5, give up inheritance, should be in the office of the real estate registration agency, under the witness of the staff, signed a declaration of giving up inheritance;

6. If the decedent had a will or a legacy support agreement before his death, submit all his wills or legacy support agreements;

7. If the decedent had a marital property agreement with his spouse before his death, a written agreement shall be submitted.

(2) Inspection and inquiry

Before accepting the registration, all legal heirs should go to the real estate registration agency where the real estate is located to inquire about the inheritance materials.

The real estate registration agency can inquire whether the heirs are complete, whether they are willing to accept or give up inheritance, whether they have objections to the content and authenticity of the real estate inheritance agreement or will, and whether the submitted materials are true, and make records, which will be signed by all relevant personnel for confirmation.

After inspection or inquiry, the real estate registration agency can accept it only if it meets the acceptance conditions.

(3) being audited

After acceptance, the real estate registration agency should also carefully examine it. If it is considered necessary to further verify the situation, a letter can be sent to the unit that issued the certification materials, the village committee or neighborhood committee of the deceased's original unit or residence to verify the relevant situation.

(4) Public registration

The real estate registration items to be registered shall be publicized on the portal website of the real estate registration agency, and the publicity period shall not be less than 15 working days. If there is no objection at the expiration of the publicity period, the application for registration shall be recorded in the real estate register. Only in this way can the transfer registration be completed.

The above are the new regulations on the law of rural homestead inheritance, can rural homestead be inherited, and what procedures are needed for rural homestead inheritance. I hope I can help you!