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土改房屋确权类纠纷涉及的法律关系复杂,原始资料往往欠缺不齐,造成在认定土改房屋权属的过程中存在诸多难点和争议。土改中,家庭成员以个人名义登记取得的房屋是属其个人所有还是家庭成员共有,对此类房屋权属,应从公平原则出发,参照土改政策,并结合长期的历史使用情况,实事求是地加以认定。正确处理析产继承案件的关键在于对被继承人遗产范围的正确界定,而本案界定遗产范围的关键就是对土改房屋权属的正确认定。
The legal relationship involved in the confirmation of the real right of land reform in housing is complicated and the original data are often lacking, resulting in many difficulties and controversies in identifying the ownership of land reform. In the land reform, whether a house obtained by a family member is registered by the individual is owned by all individuals or family members. For these types of housing ownership, we should proceed from the principle of fairness, refer to the policy of land reform, and combine with long-term historical use, . The key to properly handle the case of inheritance and dismissal lies in the correct definition of the hereditary range of inheritance. The key to defining the scope of the inheritance in this case is to correctly determine the ownership of land reform.