The inheritance of rural homesteads and the houses on them has become a central concern for many families. The various theories circulating in the market often cause doubts and controversies. Today, we go straight to the point and make it clear to everyone: whether you hold a rural or urban hukou, the house on the rural homestead can be inherited according to the law. But this does not mean that the empty homestead can be inherited alone, on this issue, Shi Xining, the chief lawyer of Beijing Jingkang Law Firm, will talk to you.
Lawyer's interpretation
First, the house can be inherited, and the rights and interests are guaranteed
1. Property attributes: According to the Civil Code and relevant laws and regulations, houses on rural homesteads belong to citizens' personal property and enjoy the same property rights as urban real estate. Regardless of whether the children of rural households or children who have been converted to urban household registration, as long as they meet the legal conditions for inheritance, they have the right to inherit the rural homestead houses left by their parents in accordance with the law.
2. Application of Inheritance Law: The inheritance relationship follows the provisions of the Inheritance Law and can be inherited by testament or statutory succession. Children can inherit real estate according to their parents' wishes or legal order, regardless of the nature of their hukou. This means that the ownership of the house is protected by law, whether the children of the urban hukou return to their hometowns to inherit the ancestral home, or the children of the rural hukou inherit the house locally.
Second, the right to use the homestead: move with the house, not with the person
1. Nature of homestead: The ownership of homestead land belongs to the farmer collective, and the villagers only enjoy the right to use. According to the provisions of the Land Management Law, the right to use homestead land has a strong "identity attribute" and is closely related to the membership of collective economic organizations. As a result, hukou migration, especially to urban areas, may affect an individual's continued use of the homestead.
2. The principle of "land follows the house": Although the homestead itself cannot be inherited alone, according to the principle of "land goes with the house", when the house on the homestead is inherited according to law, the heir then obtains the right to use the homestead. This is because the house is inseparable from the homestead use right, and inheriting the house means inheriting the homestead use right within the scope of the house.
3. Inheritance conditions: The right to use the homestead inherited by the heir is not a permanent right, but is premised on the existence of the inherited house. Once the house collapses or is demolished due to disrepair, the right to use the homestead is lost, and the village collective has the right to recover the land. Therefore, the heirs are obliged to keep the house intact and avoid the termination of the homestead use right due to the loss of the house.
3. Precautions and coping strategies
1. Inheritance procedures: Inheritance notarization, housing transfer registration and other formalities shall be carried out in accordance with legal procedures to ensure the legality and validity of the change of rights and interests. At the same time, pay close attention to local policies, and some localities may set a term of use or additional conditions for the homestead use right inherited by non-members of the collective economic organization.
2. Housing maintenance and renovation: The heirs should repair and maintain the house in time to avoid the loss of the right to use the homestead due to the dilapidation of the house. If it is necessary to renovate or expand, it shall comply with the local planning and homestead management regulations and go through the corresponding approval procedures.
3. Transformation and utilization and exit mechanism: With the advancement of the rural revitalization strategy, the reform of the rural homestead system has been deepened. For heirs who are unwilling or unable to continue to use the homestead, they can pay attention to the policies issued by the state and local governments such as paid withdrawal, circulation, and mortgage, and realize the transformation of the value of the homestead and the house in accordance with the law.
Director Shi reminded
Demolition and relocation is a long-term struggle that requires comprehensive professional knowledge, control of the overall situation, and rational application of the law. Even a lawyer with many years of litigation experience is constantly learning and updating, so that he can calmly analyze and make correct judgments in a case. And for non-law-abiding people, this is a huge subject that cannot be achieved by just a short period of time. Therefore, when encountering any demolition problems, you may wish to ask a lawyer and carry out professional rights protection under the guidance of a lawyer.