It is believed that in recent years, many rural children who have settled in the city are also trying to move their hukou back to the countryside. However, due to restrictions, most localities have implemented strict control measures on the return of hukou, even if one province has issued a rural settlement policy, but there are restrictions on moving back.
If they cannot move back to the rural areas, what should be done with the farm houses they inherit from their parents? Can their rights be confirmed in the future?
The inheritance of farmhouses after the hukou has moved out of the countryside
According to the inheritance law and the civil code implemented in mainland China, after the death of the decedent, his estate shall be distributed in accordance with the legal order of succession or will. If your hukou moves out of the countryside, it does not affect the inheritance qualifications of the legal heirs. In other words, even if the hukou is not in the countryside, as the legal heirs (such as children, spouses, etc.), they still have the right to inherit the rural farmhouse.
The ownership of the farmhouse belongs to the individual villagers, and the use of the homestead will also be inherited and continued to be used in accordance with the principle of land and house. However, if it is a single homestead, it cannot be inherited. This must be clear to everyone.
After the hukou moves out, the issue of confirming the ownership of farmhouses
The confirmation of the right to rural housing is a safeguard measure to protect the legitimate rights and interests of farmers, and the full name is "integrated confirmation of the right to real estate". Previously, in terms of homestead land confirmation, there were no conditions for confirming the rights of rural children who settled in the city, but later, with the relevant policies, after the mainland guided various localities to carry out the registration of real estate rights in the integration of real estate and land, our country also spoke, as long as the rural children of urban household registration inherited the farmhouse, then they can also be given the right confirmation registration in accordance with the law, and the right confirmation certificate will also be issued.
In the "Operational Specifications for Real Estate Registration (Trial)" issued by the mainland, there is a clear provision that if a person who is not a member of a collective economic organization (including urban residents) of the village occupies a homestead due to the inheritance of a house, he or she may go through the registration of ownership in accordance with the relevant regulations, and will also note in the real estate register and the attached column of the certificate that "the right holder is the legal heir of the residence of the original member of the farmer's collective economic organization".
So, what should be done with the rural children who have moved out of the hukou after inheriting the farmhouse?
Judging from the current situation, most of the rural children who have settled in the cities basically have stable places to live and work in the cities. These families will continue to live in the city for life and children's reasons, and rarely return to their hometowns. As for how to deal with inherited farmhouses, you can also guide and participate according to local policies.
1. After inheriting the farmhouse, the rural children of the urban household registration can rent out the idle farmhouse to obtain rental income. At the same time, it can also cooperate with some enterprises to operate projects and participate in dividends.
2. According to the provisions of the policy, the mainland now supports various localities to take measures to guide farmers who have settled in the cities to withdraw from their homesteads and farmhouses with compensation in accordance with the law.
3. If you plan to live a life of running in two places in the future, then you can also strengthen and repair the inherited farmhouse to maintain stability and not collapse, because once it collapses, the homestead will also be recovered by the village collective, which is very crucial.
Nowadays, more and more rural people are concentrated in cities and towns, and the future development trend is very clear, and more rural people will be urbanized nearby, so the phenomenon of hukou migration is also becoming more frequent.
For the rural children and farmers who have settled in the city, our country will further improve the land-related system to protect the legitimate rights and interests of everyone, and if the collective rights and interests of the village after entering the city can be retained, it will really promote the concentration of more rural people in the city.
Okay, so that's the question I'm going to answer for you, what do you think about it? Do you know how to deal with it?