MAY LAND WITHOUT RED BOOK BEQUEATHED AS ESTATES BE PERMITTED?

Will is a document expressing a person’s wishes regarding the division of assets after death. Making a lawful will is very important to ensure the rights of the heirs. In particular, land use rights are one of the types of assets that are permitted to exercise the inheritance rights of land users according to regulations. Then, for the land without red book bequeathed as estates, what regulations must be followed to ensure the legal validity will?

What is estates?

A natural person may make a will to dispose of of their property, and have equal rights to leave their property to others.

An estate comprises property which the deceased owned and property which the deceased jointly owned with other persons.

What are the conditions on land for inheritance?

As stipulated in Article 188 of the 2013 Land Law, land users can exercise the right to inherit land use rights when satisfying the following conditions:

– The land is dispute-free;

– The land use rights are not distrained to secure judgment enforcement;

– Within the land use term;

– Other conditions as prescribed by law corresponding to special land use cases.

May land without red book bequeathed as estates be permitted?

Guidance in Resolution 02/2004/NQ-HDTP by the Council of Judges – Supreme People’s Court, land without red book bequeath as estates can be implemented as follows:

Determination on land without red books bequeathed as estate when there is no dispute:

The deceased leaves behind land use rights without one of the documents certifying land use rights or proving legal land use rights, but have as estates a house or other architectural objects attached to the land use rights that is under request for the division of inheritance:

+ In cases where the litigant has a document from the People’s Committee of the competent level confirming that the land use is legal, but the land use right certificate has not yet been issued, the Court will resolve the request to divide the estate as the asset attached to land use rights and that land use right.

+ In cases where the litigant does not have a document from the People’s Committee of the competent level confirming that the land use is legal, but there is a document from the People’s Committee of the competent level clearly stating that the land use is lawful. If that does not violate planning and can be considered for land use rights, the Court will resolve the request to divide the inheritance as assets attached to land use rights.Contemporaneously, it is necessary to determine the boundaries and temporarily assign land use rights to the concerned person so that the competent People’s Committee can carry out procedures for handing over land use rights and issue a land use right certificate to the concerned person according to the regulations of land law.

+ In cases where the People’s Committee at the competent level has a document clearly stating that the use of that land is not legal and that heritage assets attached to land use rights are not allowed to exist on that land, the Court shall only resolves disputes about estates on that land.

In particular, other architectural objects associated with land use rights include kitchens, bathrooms, toilets, water wells, car garages, churches, walls built as fences attached to houses, and constructions. built on land allocated to use for production and business purposes such as factories, warehouses, irrigation and drainage systems, livestock barns or other structures or on land with other assets such as timber trees, leaf trees, fruit trees, industrial trees or other perennial trees.

Determination on land without red book as estates when there is a dispute:

The deceased leaves behind land use rights that do not have one of the documents certifying land use rights or proving legal land use rights and also does not have a legacy of assets attached to the land use rights. As mentioned in case 1, if there is a dispute, it falls under the jurisdiction of the People’s Committee to resolve according to the provisions of land law.

>> MAY THE ADDITIONAL PAGE OF RED BOOK BE REISSUED? https://linconlaw.vn/may-the-additional-page-of-red-book-be-reissued/

>> INDIVIDUALS BUYING CERTIFICATE OF DEPOSIT, WHAT SHOULD BE NOTED? https://linconlaw.vn/individuals-buying-certificate-of-deposit-what-should-be-noted/