DFC lawyers advise on inheritance disputes over land use rights

One of the important land regulations is the law on inheritance of land assets and disputes over inheritance of residential land use rights according to the will.

Following, DFC Legal Consultants would like to answer some questions as well as some questions from readers to DFC law firm regarding land inheritance law as well as land inheritance rights and land use right inheritance disputes:

DFC's team of lawyers is always ready to answer you about land inheritance rights

1. How is considered inherited land

In addition to the inheritance disputes of residential land according to the above wills, another form of inheritance dispute is also very common, which is inherited land. So how is it considered inherited land? Inherited land or more precisely the land use right left in the will, where the land user before his/her death to design the heir in that will.

In Clause 1, Article 167 of the Land Law 2013, the land inheritance law is one of the rights of land users in addition to other endemic rights such as transfer, capital contribution, mortgage ...

2. Beneficiaries

Land inheritance rights are one of the typical and original rights recognized in civil law. Based on Article 613 of the Civil Code 2015, in case an individual is an heir, the individual must be alive after the time of opening the inheritance but has become pregnant before the person leaving the estate dies. In cases where not individuals are heirs according to the will, they must exist at the time of opening the inheritance.

In case of inheritance by will, the person who left the inheritance will specify the heir in that will. However, the law also provides for a number of cases where their right to inheritance does not depend on the contents of the will of the person leaving the inheritance in Article 644 of the Civil Code 2015 including:

• Minor children, fathers, mothers, spouses of those who leave wills;
• Adult children without the working capacity of the person who left the will.

In addition, the law also provides for the case of inheritance of status. Specifically, Article 652 of the Civil Code 2015, where the person who should have inherited the inheritance dies first or dies at the same time as the person who left the inheritance but has children, the right to inheritance will be transferred to the child of the person who should have enjoyed the inheritance.

3. Common questions about land use right inheritance disputes

Through the Legal Advice Center 1900.6512, we have received many questions from customers in the issue of inheritance disputes. To the scope of this article, we would like to answer the following situation:

3.1 Disputes over inheritance of land use rights on obligations to repay debts and inheritances of worship

Mr. Hoang Huu H (28 years old) sent to the Online Legal Advice Center 1900.6512 questions as follows: "My brother camp before losing a friend loan amount of VND 3 billion through a notarly notared loan contract, due in November 2019. However, in February 2020, my brother died but could not repay the debt of VND 1 billion.

Before his death, he left a will specifying me as the heir to the land of 70m2 out of a total of 100m2, and I am obliged to repay the amount of VND 3 billion to his friend and the remaining 30m2 will be donated to the worship that specifically to make their temple on it. I asked the relevant authorities to value 100m2 of that land to know its value is 3 billion.

So DFC Law Consulting company let me ask me how I inherited the land, how is my obligation to repay and whether my brother wants to leave part of the land in worship? I would like to thank you."

DFC Legal Consultants 1900.6512 have received your questions and asked for permission to advise you as follows:

Regarding your obligation to repay the debt that your friend has specified in the will, according to the law, you have inherited, you must be obliged to repay the person who left the inheritance to you to the scope of your inheritance. Specifically, with the inheritance of the land is an area of 70m2 as above, according to Article 615 of the Civil Code 2015, you are obliged to repay the amount of 1 billion to your lost brother.

Article615. Performing property obligations left by the dead

1. The heirs shall have to perform property obligations within the scope of estates left by the dead, unless otherwise agreed.

3. Where the estate has been divided, each heir performs the property obligations left by the dead respectively but does not exceed the portion of the property he/she has received, unless otherwise agreed."

Then, about 30m2 of the remaining land that your brother wants to donate as a land of worship is not possible because according to Article 645 of the Civil Code 2015, the inheritance of your brother left insufficient to pay the amount of money your brother has not paid to his friend is 5 billion, not to spend part of the estate used for the inheritance.

"Article 645. Heritage used for worship

2. Where the entire estate of the dead is insufficient to pay the property obligations of such person, part of the estate may not be spent on worship."

3.2 Disputes over inheritance of houses with the establishment of previous rights of the contract for donation to houses

Ms. Le Thu T (37 years old) sent a question through the Legal Advice Center 1900.6512 as follows: "My mother has a newly purchased apartment house from 2016 with an area of 70 m2 addressed in Court CT1, District X, H. In 2017, my mother died, before her death, she made handwritten papers with noted marks and the contents of the handwritten paper that was for me that apartment building (accompanied by a certificate of ownership of the house), I also signed this handwritten note but due to busy work, the procedure for changing the name of the owner has not been carried out.

When my mother died, my brother told me that my daughter was getting married and didn't get anything from this house and asked me to give it back to her. I'm confused, but I don't know what to do. I would urge the DFC attorney to answer me this question.

Thank you very much!...

First, according to the provisions of law, specifically in Article 117 of the Housing Law 2014, the right to donate to houses is stipulated as one of the forms of housing transactions besides other rights such as the right to buy, rent, mortgage, capital contribution, borrowing, Thus, with the house under the ownership of her mother and her mother performing the donation to her, the refund it's all legal.

Then, in terms of the legal validity of the handwritten paper signed by her and her mother, according to Clause 1, Article 122 of the Housing Law 2014, when giving to the house, the handwritten paper must be taken to not notate to arise legal effect.

Accordingly, the time of validity of the contract is the time of noting and c authenticing the contract. Therefore, although she has not done the change of name to the owner of the apartment, the apartment since the time of not noted has been her property.

Article122. Notly noting and validity of contracts on housing

1. In case of sale, donation, exchange, capital contribution, mortgage of houses, transfer of contracts for sale and purchase of commercial houses, they must be not noted or certified contracts, except for cases specified in Clause 2 of this Article.

For transactions specified in this Clause, the effective time of the contract is the time of notation and certification of the contract."

3.3. Disputes over inheritance of land use rights and houses attached to land when daughters are married

Ms. Ha Phuong N (32 years old) through legal call center 1900.6512 sent to the question as follows: "My parents have a land and a house of 212.04 m2 in X Street, Ward Y, District H, H City in the name of both parents. In 2016, a sad thing happened that my father and mother died at the same time in an accident. My father and mother left no wills or legal papers to determine the right to use the land and the other house. I am very sad, after completing the funeral procedure for my father and mother, my brother and I – named Ha Duy H (40 years old) had an argument because my brother did not want to share the rights of the land and the house above for me on the grounds that I was at my husband's house.

I didn't know how to do that, so I asked DFC's lawyers for my answer. I would like to thank you!"

Through her story, according to the provisions of civil law, specifically in Article 650 of the Civil Code in 2015, in case there are no wills or legal papers to determine the right to use land and houses above, the land and houses above will be divided in accordance with the provisions of law.

She and her brother are both children of her parents, so under Article 651 of the Civil Code 2015, she and her brother are in the first line of inheritance and will inherit. The division will favor the choice is the agreement of the parties, but if no agreement or agreement is unsuccessful, the principle will be divided in half in accordance with the law.

If you have any questions about land disputes and land inheritance laws, please contact the land law call center 1900.6512  for the most accurate and effective advice from DFC's lawyers.