After rural old person dies curtilage if base manages where, can children accede?
OK and successive is curtilage the access of base
The father and mother that says Laowang for example is in a country a house was built on base curtilage, the father and mother that becomes him hundred years when leaving, laowang can accede only that house, and cannot accede curtilage base.
The reason is very simple, according to our country law, curtilage the droit of base and access are depart, droit is collective, use is building everybody, namely of Laowang. What we say curtilage base accedes, what say actually is curtilage of base access accede! Even if accede, just also accede curtilage the building on base.
A few kinds of OK and successive people:
When rural old person is alive, or is made offerings to by children, or is not had without female, make offerings to by the relative, or is sent to beadhouse collective to make offerings to by village collective. We part for.
1, children
After rural parents dies, parental place enjoys curtilage base is called in by village collective. If there is a house on base curtilage, can accede lawfully by children, no matter whether is filial registered permanent residence inside this village. Add time limit is put in the building inside, the building has range inside curtilage base can continue to use when be being eliminated to the building, stop.
It is rural dweller formerly, children has a job to already was town population, after the parents that is in a country dies its curtilage base access ought to organization of reassign agriculture collective economy. The building returns existence, its building is an individual demesne belongings, curtilage base allows building heir to use.
2, relative
Old person of orphans and widows is in old age when, his close door relative, than a certain child in be like compeer brother, meeting with adopt a young relative, perhaps take care of the life daily life of the old person in order to carry the means of the door on the head, so house of the belongings after the old person dies accedes by this individual.
The old person does not have close door relative, also but by a bit more distant relative, in old person old age when, will take care of the life daily life of the old person. This should be asked for so that the old person is willing above all, after also should agreeing on course village, ability is moved in a respectful form of address for an old person to live together with the old person, after the old person dies by this kin, all property that successive old person leaves.
The old person does not have what door and kin, live alone all the time, old age takes care of by person of the group on the village, the room that after dying, leaves is met go up by the village call in, also do not have the belongings with costly what commonly, can be gone up to be put over all the time in that way by the village.
3, in the home only daughter and already got married
A kind of circumstance is: The daughter gets married, at the same time registered permanent residence also already outside change. Basis " matter right law " concerned regulation and " the ground goes along with the room " principle, the daughter can accede parental building, also be equal to after successive building had a building secondhand to fall curtilage the access of base, but this access is finite, former building does not allow to undertake breaking up building reaching newly-built again, can undertake maintaining consolidate only, when in the future one day, parental house collapsed, so curtilage the access of base also subsequently nonexistent, the village that will is in so by parents collective economy organization calls in.
Another kind of circumstance is: The daughter gets married, registered permanent residence is done not have outside change. So the daughter still is member of this collective economy organization, can this curtilage base counterpoises truly in him under one's name, also can build a house to perhaps make over its this village to accord with afresh again curtilage the villager that base access allocates a condition. What need reminds here is, singleton female the exclusive heir that is not parental belongings, after dying for parents, do not produce issue because of belongings problem, had better be parents can exist next wills. Because order of continuity of our country bequest is: Spouse, children, parents is the first ordinal heir, brotherly sister, grandparent, grandfather mother, for the 2nd ordinal heir.
A few kinds of circumstances that cannot accede:
1, already dealt with cent door, and have oneself curtilage base
Curtilage base criterion is one curtilage, since had been divided door had oneself curtilage base, nature cannot accede again.
2, already dealt with cent door, but do not accord with curtilage base files a requirement
Country curtilage base resource is more and more in short supply, to protect the interest of collective and other personnel, the children that does not accord with a condition cannot accede.
3, itself belongs to architectural of violate the rules and regulations curtilage base
Without any examination, the house that privately builds on farmland or clearing. Such curtilage base is not counterpoised truly not only, still can be enforced to call in by village collective, can accede far from.
4, do not belong to rural inmate number of households and total population
Because special account takes change of registered permanent residence, cancel the children that did not come back change of registered permanent residence again before agricultural registered permanent residence, cannot accede of parents curtilage base. But can accede curtilage the building on base. Those who need an attention is this kind of building cannot overhaul. After can waiting for house nature cave in only, village collective calls in curtilage base.
5, 5 protect door those who wait for special crowd curtilage base
Because children is not in the home for a long time to cause an old person,nobody make offerings to, differentiate finally for 5 protect door, make offerings to by village person. After this part person dies, their curtilage base can be reclaimed, children must not accede.
6, curtilage base is long-term unused or the building is long disrepair
Idle time exceeds two years of above curtilage base, or be all the year round the building that nobody live, cause building collapse finally. This kind curtilage base can be called in by collective. Children cannot accede.
7, exceed curtilage the part of base usable floor area
Curtilage base also has regulation of usable floor area. Here second land counterpoises truly in the job, the share that exceeds bid won't be counterpoised truly, nature also cannot accede.
How does heir ask processing house property is done?
Some children acceded the building that the old person dies in the home, but oneself live in the city, want processing to accede the house property that come, you are OK so do:
1, give land possessory; house convert into money
2, sell the house have living registered permanent residence, need builds a house with the ground or did not achieve curtilage the local dweller of base usable floor area, deal with land access to belong to modificatory formalities to management department of prefectural level land;
3, allow to rent the building lawfully, hand in land to use fee by the regulation.
Everybody remembers in a word, the old person in the home dies, OK and successive is a building only, curtilage base morning and evening wants to be called in
