hot wire! The right to use rural homestead can be inherited by children of urban household registration
On October 20, the Ministry of natural resources, the Ministry of Commerce, housing, urban and rural development, the Ministry of civil affairs, the State Security Bureau, the Supreme People's court, the Ministry of agriculture and rural areas and the State Administration of Taxation replied to the "recommendation No. 3226 of the third session of the 13th National People's Congress". The answer to the "registration of the right to use rural homestead" mentioned in the proposal is clear: the right to use rural homestead can be inherited by the children of urban household registration according to law, and real estate registration can be carried out.
The reply pointed out that according to the "Inheritance Law", the house of the decedent shall be inherited by the successor as his heritage. According to the principle of integration of house and land, the successor shall inherit the house ownership and the right to use the homestead, and the rural homestead cannot be inherited separately. "Real estate registration operation specification (Trial)" clearly stipulates that non members of the rural collective economic organization (including urban residents) who occupy the homestead due to inheriting houses can go through the right confirmation registration according to the relevant provisions, and note "the obligee is the legal successor of the original member's residence" in the real estate register and certificate attachment column.
In addition, the reply also made clear answers to questions such as "registration of common ownership of real estate". The reply pointed out that the problem that the real estate registration authority refused to register with a small number of co owners failed to cooperate is a problem at the implementation level. Supervision and guidance will be strengthened, the legal provisions will be strictly implemented, and the legitimate rights and interests of real estate owners will be effectively safeguarded.