Homestead can be transferred between people in the same village. Which law stipulates it? Please specify what the law is? Which rule? thank you

Article 8 of the Land Management Law of the People's Republic of China stipulates that 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.

Article 9 State-owned land and land collectively owned by peasants may be designated for use by units or individuals according to law. Units and individuals that use land have the obligation to protect, manage and rationally use land.

Therefore, for the homestead, individuals only have the right to use, but no ownership.

The right to use the homestead is different from the general usufructuary right. The acquisition and enjoyment of this right is closely related to the membership of collective economic organizations and has certain welfare nature and social security function. The main body of the right to use the homestead should be members of the collective economic organization, and it can only be circulated among the members of the collective economic organization.

The right to use the homestead shall not be transferred separately, and it shall be deemed invalid in any of the following circumstances:

(1) purchased by urban residents;

(2) legal persons or other organizations purchase;

(3) The transferor has not been approved by the collective organization;

(4) Transferred to a person other than a member of a collective organization;

(5) The existing house of the transferee does not meet the allocation conditions of the homestead.

Specific legal provisions are as follows:

People's Republic of China (PRC) property right law

Article 152 The owner of the right to use the homestead enjoys the right to occupy and use the collectively owned land according to law, and has the right to use the land to build houses and ancillary facilities according to law.

Article 153 The acquisition, exercise and transfer of the right to use the homestead shall be carried out in accordance with the land management law and other laws and relevant state regulations.

Article 154 If the homestead is lost due to natural disasters and other reasons, the right to use the homestead shall be extinguished. Villagers who have lost their homestead should be redistributed.

Article 155 If the registered right to use the homestead is transferred or lost, the registration shall be changed or cancelled in time.

Land Management Law of the People's Republic of China

Article 8 stipulates that 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.

Article 9 State-owned land and land collectively owned by peasants may be designated for use by units or individuals according to law. Units and individuals that use land have the obligation to protect, manage and rationally use land.

Article 10 of the Constitution of People's Republic of China (PRC) City's land belongs to the state.

Land in rural areas and suburban areas belongs to the collective, except that it is owned by the state according to the law; Homestead, private plots and private hills are also collectively owned.

In order to meet the needs of public interests, the state may expropriate or requisition land in accordance with the law and make compensation.

No organization or individual may occupy, trade or illegally transfer land in other forms. Land use rights can be transferred in accordance with the provisions of the law.

All organizations and individuals that use land must make rational use of land.