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What if the land is confirmed in the father's name?
Some basic principles must be determined for land confirmation, which should reflect the spiritual essence of land confirmation, point out the direction for correctly defining land ownership, and always play a guiding role in the whole land confirmation. In the process of rural land confirmation, there will be three opportunities for publicity. During the publicity period, villagers have the right to raise objections and change the content of land ownership. If the villagers miss the publicity time, according to the relevant national laws and regulations, they can know that if there is no separation between parents (brothers), they can write their names when confirming the registration certificate; If the household has been divided, others have no right to confirm their land in other people's names, and they can go to the village collective to apply for change. There are two kinds of land ownership registration, one is collective land ownership registration, and the other is land use right registration, mainly homestead and collective construction land use right. If all or part of the land belongs to the parents' name, but not to their own name, it will belong to two families after separation according to the provisions of the rural family contract system.
Principle of land ownership:
1, the principle of respecting history and facing reality squarely;
2, is conducive to production and life, is conducive to social stability;
3. The principle of combining policy with law;
4. The principle of handling different situations in stages;
5. The general statutory principle of right creation. Disputes over land ownership and use rights shall be settled by the parties through consultation;
6. If negotiation fails, it shall be handled by the people's government. Disputes between units shall be handled by the people's governments at or above the county level;
7, disputes between individuals, individuals and units, by the people's governments at or above the county level;
8. If a party refuses to accept the decision of the relevant people's government, it may bring a lawsuit to the people's court within 30 days from the date of receiving the decision.
To sum up, land contracting takes the family as the unit. In the process of land confirmation, the head of the household is generally the contractor and other family members are the co-owners of the land. Therefore, if they belong to the same household registration as their parents, farmers do not need to worry about land ownership, whether in their parents' names or their own names, because their parents die, their children can continue to contract, and farmers can continue to contract their parents' land.
Legal basis:
"People's Republic of China (PRC) rural land contract law" fifteenth.
The employing unit shall undertake the following obligations:
(a) to safeguard the contractor's right to land contractual management, and shall not illegally change or terminate the contract;
(two) respect the production and operation autonomy of the contractor, and shall not interfere with the normal production and operation activities of the contractor according to law;
(three) to provide production, technology, information and other services to the contractor in accordance with the contract;
(four) the implementation of county and township (town) land use planning, organization of agricultural infrastructure construction within the collective economic organizations;
(5) Other obligations stipulated by laws and administrative regulations.
Article 16
The contractor of household contract is the farmer of the collective economic organization.
Family members of farmers enjoy all rights and interests of contracted land equally according to law.
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