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Can rural homestead be inherited in 2019? Can the household registration move out inherit the rural

Rural Homestead means that rural farmers or individuals use or occupy collectively owned land as homestead to build houses. There are three types of Rural Homestead: first, houses that have been built. The second is the land that has seen houses or decided to build houses. Third, the land where houses have been built, the land where houses have been built but have no upper cover or can not live, and the planned land for house construction. Farmers have the right to use and occupy the homestead, but the ownership belongs to the rural collective. Therefore, many people are concerned about whether the rural homestead can be inherited. This article brings you the answer to whether rural homestead can be inherited in 2019. Let's have a look.

1、 Can rural homestead be inherited in 2019?

1. According to Chinese laws, rural homestead cannot be inherited, so it cannot be inherited in 2019. The relevant homestead policy stipulates that the use right and ownership of rural homestead are completely separated. Farmers can only apply for the use right of homestead according to the specific identity of villagers. For example, if you have changed to urban hukou, people who do not belong to the village will no longer enjoy the use right of Homestead. Moreover, the villagers can not dispose of the homestead at will. For example, the transfer to others must be approved by the village collective and meet the relevant conditions. Therefore, to sum up, we can understand that there are provisions on the transfer of homestead in rural areas, which can not be inherited as inheritance. Therefore, rural homestead can not be inherited.

2. However, the houses on the rural homestead are owned by the villagers themselves, and their children can inherit them. China's law stipulates the principle of "land goes with the house", that is, if you inherit your parents' house, of course, you can use the homestead occupied by the house. Therefore, when your parents die in 2019, you can inherit your parents' house and continue to use the homestead, but if the house on the homestead collapses, you can't inherit it. At this time, the homestead has nothing to do with you and will be recovered by the village collective. However, when inheriting the house on your parents' homestead, you must submit an application for land change registration to the land administrative department of the people's government at or above the county level in your area, and follow the normal process. At this time, the government personnel will register the change of homestead use right according to law. However, it should be noted that this refers to the result that you inherit your parents' house. What you inherit is not the homestead. After the house you inherit collapses and disappears in the future, you cannot rebuild and continue to use this homestead.

2、 Can we inherit the rural homestead when the registered permanent residence is moved out?

This is also a hot topic in recent years. Now many young rural partners have bought houses in the city and moved out of their registered permanent residence. Can they inherit the rural homestead after their parents die?

First of all, we need to clearly understand who Rural Homestead belongs to? According to Chinese law, the ownership of rural homestead belongs to rural collective, and farmers only enjoy the right to use homestead. Because the villagers have only the right to use the homestead without ownership, and the homestead does not belong to the scope of inheritance, when your parents die and your registered permanent residence has been moved out, you cannot inherit the rural homestead, but you can inherit the houses on your parents' homestead, but the houses on the Homestead are still there and have not disappeared. After you inherit the house on your parents' homestead, you can't renovate and rebuild the house. Therefore, the heirs of household registration must try their best to ensure that the house in their hometown will not collapse due to disrepair. As long as the house is not destroyed, it will not be recovered by the village collective.

The above is an introduction about whether the rural homestead can be inherited. It is provided for your reference. The specific situation should be subject to the provisions of the local government.