Job Recruitment Website - Immigration policy - Will the mountain be yours after the immigrants leave?
Will the mountain be yours after the immigrants leave?
After the death of these farmers in the countryside, whether their homestead and woodland can be inherited by the children who changed the countryside is not only a major issue they care about, but also a social issue.
According to the Land Law, the rural homestead belongs to the rural collective, and the homestead is not private property, so the homestead cannot be inherited.
But farmers' houses belong to private property, and the state protects the existence of private property according to law. The house can be inherited, regardless of the nature of the account, as long as it conforms to the right of inheritance. The right to use the rural homestead follows the house, and only when there is a house can the right to use the homestead be obtained.
In this sense, as long as rural houses exist, the non-agricultural population has the right to inherit. But we must handle the inheritance transfer when the house exists, and we can't wait until the house collapses to handle the inheritance procedures, which will be impossible.
On the issue of forest inheritance, the Rural Land Contract Law also clearly stipulates that the forest land contract period is 30 to 70 years. If it is contracted forest land, after the death of the original contractor, the successor can continue to contract during the contract period, and the contract income of the original contractor can be inherited. This kind of continuous contracting may or may not be a member of a collective economic organization, so that if you are willing to continue contracting, the non-agricultural registered permanent residence heirs may also continue contracting.
Because the income of forestry is a long production cycle, large investment, quick effect in the later stage, high risk and long general contracting period. If the old man dies during the contract period, his children or other heirs may continue to contract and inherit the contract benefits, but they cannot. In this case, the contract expires, and if there is no bigger dispute, there is generally no problem to continue the contract.
If the trees such as hilly land are distributed by farmers per capita, they belong to rural collective resources and can only be enjoyed by members of collective economic organizations, not that members of collective economic organizations have no inheritance rights.
Yes, the right of inheritance does not change with the transfer of your household registration, which is a basic right determined by blood relationship. After the household registration is moved, you just no longer enjoy all the benefits of the original household registration, but you can't change the inheritance right of all assets under your parents' names. ...
According to the new policy, children who have moved out of rural areas can inherit if they become non-agricultural registered permanent residence, and they can go to the local rural office to handle it.
It's not agricultural registered permanent residence now, it's no different from agricultural registered permanent residence. If you look for the local government and village committee, you will be admitted to the university from the village. There are records in the village, and you have a list of local accounts, so you can do it. As for the hukou problem, the countryside really hopes that you knowledgeable college students will go back to the countryside to develop agriculture, so that the homesteads and forests in your hometown will have the right to inherit! '
Don't think so much, one day, one day, everything in the world is changing and impermanent. Try your best to let fate take its course, be yourself and let nature take its course.
If you have the right to inherit the house on the homestead in your hometown and the forest compared with the homestead. But other inheritance rights. It won't happen again.
This question includes two questions. One is that the subject asks whether the homestead in his hometown has inheritance rights, and the other is that the subject asks whether the forest has inheritance rights. Now, let's answer the first question:
Farmers with rural hukou can use the homestead provided by the village collective economic organizations for free. After obtaining the approval of the land management department of the higher government, you can build a house on the homestead.
The question whether the non-agricultural population can inherit the homestead in their hometown is like this. According to the previous policy, the household registration of farmers' families has been turned into non-agricultural population, and the original homestead should be returned to the village collective economic organization. The house can live if it doesn't collapse, but it is not allowed to be repaired or rebuilt. After the house collapses, the homestead naturally belongs to the village collective economic organization. If you want to sell a house, you can sell it to members of the village collective economic organization. But now the situation is different, and the state has a new policy on the use of rural homestead by non-agricultural personnel.
Last year, the Ministry of Natural Resources gave a clear answer to the recommendation No.3226 of the Third Session of the 13th National People's Congress: farmers' right to use their homesteads can be inherited by urban registered children according to law, and real estate can be registered.
According to the provisions of the Inheritance Law, the decedent's house is inherited as his inheritance, and the successor inherits the ownership of the house and the right to use the homestead according to the principle of "house and house are integrated" (that is, the house and homestead cannot be inherited separately).
The Code of Practice for Real Estate Registration (Trial) clearly stipulates that members of non-rural collective economic organizations (including urban residents) who occupy homestead due to inherited houses may register their ownership in accordance with relevant regulations. In the supplementary column of the real estate register and certificate, it is indicated that "the obligee is the legal heir of the residence of the original member of the peasant collective economic organization."
From the Ministry of Natural Resources, it is clear that the right to use farmers' homesteads can be inherited by children with urban household registration and registered with real estate. Although the subject is not the original rural household registration, if the house above the homestead left by the older generation in rural areas still exists, the real estate rights can be registered and the homestead can be inherited. Next, answer the second question:
Compared with the contracted management of cultivated land and grassland, forestry has its particularity because of its long production and operation cycle and contracting period, large investment, high risk and slow income. If the forest land is not allowed to inherit, it will not only be unfavorable to mobilize the enthusiasm of contractors, but also may lead to deforestation. Moreover, the contractor has been operating forest land for many years and has invested a lot of money. He died when he started making a profit. It is not in line with social common sense if his heirs are not allowed to inherit. Therefore, according to the relevant provisions of the Inheritance Law, if a forestland contractor partially dies, other members of his family can continue to contract the operation. If all the members of the contractor die, the forest land can be contracted by its heirs during the contract period. Even if the heirs have other contracted management rights of forest land, or settle in other rural collective economic organizations, or obtain urban hukou and employment in cities, they have the right to inherit the contracted management rights of forest land and continue to operate during the contracted management period of forest land.
This question is really unclear. If children move out of the countryside, parents' houses and homesteads naturally have the right to inherit, while children have no right to inherit. What was the reason for that day? The law is not made by anyone, but everyone participates in the formulation and recognition of the law. This is the law of the law.
Since ancient times, girls have the right to inherit all kinds of heritage houses from their parents. Including the homestead.
The state has formulated policies. Check two kinds of people.
This 1 person: people with rural hukou become urban hukou, so they no longer inherit rural homesteads.
The second kind of people: those who have died and have not cancelled their accounts are also excluded by government agencies. Such people will definitely not have the right to inherit.
So if your hukou is in a university and you can't go back, then you can't inherit the right to use the homestead.
You/kloc-went to college at the age of 0/8, and now your age should be 37.
In fact, from the day you moved out, you actually gave up all the rights of farmers, including possible welfare.
You have been away from home for so many years. The local situation has changed. How much sense of belonging do you have to the countryside? You know that.
All you care about is your parents' future legacy. In fact, the laws and regulations in this area are very complete. Any local law firm can consult for free. Why not ask?
Such as homestead. There are some differences in different places. Can you really give up city life and go back to the countryside for a long time? What are the possibilities? Don't think about retiring in the future and going back to the countryside to enjoy the rural life. You may live in vain in the future, and you are not used to it. Therefore, the rural homestead does not have much practical significance for you. Since it is a rural area with forest land, it is estimated that the possibility of demolition in the future is very low. Homestead has no other value except habitability.
To put it bluntly, your parents are alive, and that homestead can still be worth a few dollars. Some villagers are willing to buy it. In the future, when they are gone, the house will be abandoned and collapsed, and it will be worthless. I remember that people who are residents are not qualified to make a comeback and carry out major repairs. That house is a mess in your hands. When it collapsed, it died.
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