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Who owns the land when the land contractor dies?

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Article author:Yingting Lawyers Group | Update time:2023-07-04 | Reading times:225

If the elderly contract the land alone, the village committee can take back the land. If the land is contracted by a family, other family members can inherit it and continue to contract and use the land. The premise is that the heirs also need to register their household registration in other places and other villages in the village. They cannot handle other land contracting methods for individuals or units. The representative of the land contractor is the legal representative of the individual or unit contracting.

Beijing Demolition Lawyer Network Yingtong Law Firm specializes in legal affairs such as administrative litigation and criminal litigation related to land acquisition and demolition, and has rich experience in administrative reconsideration, administrative litigation and civil litigation in real estate disputes. Since his practice, he has represented and consulted on thousands of real estate dispute cases including land expropriation, house demolition, land ownership disputes, land infringement, house sales, and real estate mortgages in 28 provinces and municipalities, involving hundreds of millions of yuan in assets, and has accumulated rich experience in handling cases.

If a land contractor dies or loses his capacity for civil conduct, his legal heir shall be the contractor’s representative in accordance with the provisions of the Succession Law.

Legal basis: "Rural Land Contract Law of the People's Republic of China", the Supreme People's Court's "Interpretation of Legal Issues Applicable in Rural Land Contract Dispute Cases" and other laws and regulations. The representative of the household contractor is the person who signed the contract or the representative recorded on the original land contract management right certificate. If the representative stipulates in the first two items dies, loses civil capacity or is unable to be present for other reasons, he shall be jointly selected by the members of the farmer household.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail. If you want to know more about this, you can consult with Beijing Demolition Lawyers Network Yingtong Law Firm for one-on-one online consultation.


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