First, how to correct the registration error of the right to use rural homestead?
1. Homestead can only be circulated within the village collective. According to the land management law, the homestead is not real estate, but the right to use, and the ownership belongs to the village collective. Homestead can neither be bought or sold nor inherited, but it can be circulated within the village collective, and the land management department will examine and approve it according to law and issue a certificate.
2. Due to the dual system of urban and rural areas in China, more and more people are "urbanized" in the wave of urbanization. For whatever reason, once the registered permanent residence is transferred, it loses the right to inherit the old house base and cannot be bought back. It can only watch helplessly as the "ancestral home" becomes the asset of the village collective.
3. Because of the corresponding relationship between rural hukou and land, some people are unwilling to "turn from agriculture to Africa", and even some civil servants try their best to "turn from agriculture to Africa", but these are a minority after all, and "going to the city" is the general trend. Therefore, from the perspective of specific families, if the relevant laws and regulations remain unchanged, the homestead will inevitably be lost.
4. According to the provisions of the Civil Code, the right holder of homestead has the right to possess and use collectively-owned land according to law, and has the right to use the land to build houses and ancillary facilities according to law. The acquisition, exercise and transfer of the right to use the homestead shall be carried out in accordance with the land management law and relevant state regulations.
5. Land allocated by rural collective economic organizations to farmers for building houses and small courtyards to ensure their living needs. Used for building houses, auxiliary rooms (kitchens, warehouses, toilets), courtyards, biogas digesters, livestock houses, firewood stacking, etc. Farmers only have the right to use, and may not buy, sell, lease or illegally transfer. Farmers enjoy the ownership of the attachments on the homestead, and have the right to buy, sell and rent, and are not infringed by others. After the house is sold or leased, the right to use the homestead is transferred to the transferee or lessee, but the ownership of the homestead always belongs to the collective. The application for homestead after the sale or rental of houses shall not be approved. The land used by farmers for building houses and small courtyards shall not exceed the standards set by provinces, autonomous regions and municipalities directly under the Central Government.
Second, the procedure of inheriting the right to use rural homestead.
The right to use rural homestead cannot be inherited, so there is no problem of inheritance procedures. But the houses built on the homestead can be inherited, and the specific inheritance procedures are as follows:
The transfer fee for the inheritance of rural self-built houses mainly includes the notarization fee for inheritance rights, which is paid at 2% of the appraised real estate price inherited by the heirs, and the registration fee for house property rights is 80 yuan. The statutory property inheritance fee is exempt from deed tax, and the testamentary inheritance is subject to deed tax. Housing inheritance procedures: property inheritance should be notarized at the notary office where the property is inherited, and then handled at the property transaction office.
(1) Inheritance notarization: Inheritance notarization requires two certificates and two certificates.
1, go to the decedent's police station to issue the decedent's death certificate;
2, to the deceased unit (or neighborhood committee, village committee) issued by the heir certificate;
3. The identity certificate of the heir;
4. Inherited real estate license or other supporting documents.
5. The will made by the decedent before his death (the situation of testamentary succession).
(2) The materials needed for real estate inheritance in Shangdi real estate transaction.
1, house ownership certificate;
2. Inheritance notarization;
3, the heir's identity card and a copy;
4. Application for registration of housing rights (collected at the acceptance window).
3. What are the procedures for handling rural real estate licenses?
Villagers' houses built by using homestead according to law and houses built by using other collectively owned construction land may apply for housing registration in accordance with the provisions of the Measures for Housing Registration. Where there are other provisions in laws and regulations on housing registration within the scope of collective land, those provisions shall prevail.
To transfer the ownership of the house according to law and apply for the registration of the transfer of ownership of the house, the following materials shall be submitted:
(1) Application for registration;
(2) the identity certificate of the applicant;
(3) Certificate of ownership of the house;
(four) the certificate of the right to use the homestead or the certificate of the right to use the collectively owned construction land;
(five) materials to prove the transfer of housing ownership;
(6) Other necessary materials.
Through the above article, we can know how to handle the inheritance procedures of the right to use rural homestead. First, inheritance notarization requires two certificates and two certificates. Secondly, it is necessary to submit the materials needed for real estate inheritance in Shangdi real estate transaction.
Legal objectivity:
Article 362 of the Civil Code of People's Republic of China (PRC) * * * The holder of the right to use the homestead shall have the right to possess and use the collectively owned land and the right to use the land to build houses and ancillary facilities according to law. Article 363 of the Civil Code of People's Republic of China (PRC) The acquisition, exercise and transfer of the right to use the homestead shall comply with the land management law and the relevant provisions of the state. Article 365 of the Civil Code of People's Republic of China (PRC), if the registered right to use the homestead is transferred or destroyed, the registration shall be changed or cancelled in time.