Job Recruitment Website - Immigration policy - Has the land been recovered after the rural hukou moved away?
Has the land been recovered after the rural hukou moved away?
Can be recovered, in line with the law! The legal basis is Article 26 of People's Republic of China (PRC) Rural Land Contract Law. During the contract period, the employer shall not recover the contracted land.
During the contract period, if the whole family of the contractor moves into a small town to settle down, it shall, according to the wishes of the contractor, retain its land contractual management right or allow it to transfer the land contractual management right according to law.
During the contract period, the contractor's family moved to the city with districts and became non-agricultural registered permanent residence, and the contracted cultivated land and grassland were returned to the employer. If the contractor fails to repay it within the time limit, the employer may recover the contracted cultivated land and grassland.
Second, can children inherit the homestead of rural parents after moving out of household registration?
Children can't inherit the homestead of rural parents, only the house above. Because the homestead is collectively owned by farmers, children cannot inherit it. Land in urban areas 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.
"Land Management Law" Article 9 Urban land 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.
3. Is there land for rural women to move out of their divorced accounts?
After the household registration moves out of the countryside, the original contracted land need not be recovered by the collective. According to Article 26 of the Rural Land Contract Law: "During the contract period, the employer shall not take back the contracted land. During the contract period, if the whole family of the contractor moves into a small town to settle down, it shall, according to the wishes of the contractor, retain its land contractual management right or allow it to transfer the land contractual management right according to law. During the contract period, the contractor's family moved to the city with districts and became non-agricultural registered permanent residence, and the contracted cultivated land and grassland were returned to the employer. If the contractor fails to repay it within the time limit, the employer may recover the contracted cultivated land and grassland. During the contract period, when the contractor returns the contracted land or the employer recovers the contracted land according to law, the contractor has the right to obtain corresponding compensation for its investment in the contracted land to improve the land production capacity. " Visible, only the contractor's family moved into the city divided into districts, moved into the county or small towns or moved into other villages, and must be turned into non-agricultural registered permanent residence, still not included in agricultural registered permanent residence, and the contracted land should be owned by the party awarding the contract. Under normal circumstances, it can continue to operate until the end of the contract period. The policy is: 30 years unchanged. When can the land contract be terminated? In some rural areas, some village committees terminate land contracts without authorization, which harms the interests of farmers. Then, after the land contract is signed, under what circumstances can it be terminated? According to the relevant laws and regulations, the land contract can be terminated under any of the following circumstances. 1. With the consent of the employer and the contractor through consultation, the contractor voluntarily abandons the contracted land without harming the interests of the state, the collective and the third party. Two, the contractor signed the contract, the two sides agreed to terminate the contract conditions are ripe. Three, the contractor's family members all from agricultural registered permanent residence to agricultural registered permanent residence, or all moved to other places to settle down. Four, the contractor lost the ability to work, unable to continue farming land, I voluntarily give up the right to land contracting. Five, due to the needs of national construction, all the land contracted by the contractor has been requisitioned or approved for occupation according to law. Six, due to irresistible reasons, such as floods, earthquakes and other natural disasters, so that all contracted land has been seriously damaged, resulting in the inability to perform all contract. Seven, the contractor in the contract period, in violation of laws and regulations and the contract agreement, idle barren contracted farmland for more than 2 years, by the employer to terminate the contract, to recover the contracted farmland.
4. Can I inherit my parents' land after moving out?
The problem of house inheritance when the registered permanent residence moves out. First, whether the registered permanent residence is moved out has no influence on the right to inherit the house. As long as you are the legal heir of the party concerned, you have the right to inherit the house (the part of the above-ground building, if it is a rural homestead, cannot be inherited by itself), and the transfer of the house heritage generally requires inheritance notarization: (all heirs in the same order must be present).
Second, the inheritance of real estate requires a notarial certificate issued by the notary office and two certificates:
1. Go to the police station to get the death certificate of the deceased.
2. Housing property certificate or other supporting documents;
3, to the deceased's unit (or neighborhood committee, village committee) to open the legal heir certificate. The contents mainly include the names of the deceased's spouse, parents and children and whether the deceased's parents have passed away.
4. If there is more than one legal heir, and the property is only transferred to one of them, the other person shall give up the property inheritance with written consent.
5. The identity certificate of the heir.
Third, after the inheritance begins, the inheritance should be evenly distributed among the heirs in the same order, and generally no more or less points can be made. If both parties to the inheritance disagree with this, they can negotiate. If negotiation fails, they can ask a trusted third party for mediation. If mediation fails, they can also bring a lawsuit to the court (arbitration is not applicable to inheritance).
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