Youme Law Firm replied: According to the current land law, if the land is in the land use planning and there is no annual land use plan of the district level, the land user still has the right to continue. Use and exercise the rights of land users in accordance with the law.
However, if there has been an annual land use plan of the district level, land users must change the purpose of land use and land acquisition as planned. In this case, the heir may enjoy the heritage but need to comply with the relevant laws.
According to Article 45 of the 2024 Land Law stipulates that land users inherit land use rights when they meet conditions such as land papers, land without disputes or disputes have been resolved by state agencies. competence, judgments, decisions of the Court, decisions or decisions of the arbitration has taken legal effect, land use rights are not distrained or apply other measures to ensure the execution of the sentence as prescribed of civil judgment law, within the land use time, land use rights are not applied temporarily emergency measures as prescribed by law.
According to the provisions of the Civil Code 2015, including real estate in the planning is still inherited. Just determining this is a heritage, the property of the deceased, the rights of inheritance is still guaranteed.
Thus, the planning is only a state administrative procedure, not losing, limiting the property rights of citizens, including inheritance.
