Order and procedures for registration of land use rights registration

In order to be legally entitled to use the inherited estate, the inheritance of the land use right must go through the following legal procedures:

The first step in the process of obtaining the inheritance of a land use right is that the heirs must declare or divide the inheritance; if no will exists, the will does not identify the inheritance. or unlawful will. If the heirs want to own the land use rights, jointly manage and use them, they shall make written declarations of inheritance, while the right to use the land shall be divided among each person and each person shall have the right to use it. Separate agreements will be made to divide the estate. In cases where there is a will, the will is divided according to the will of the person leaving the will. If the parties can not agree on the division of the inheritance causing the dispute to arise, the dispute must be resolved.

Read more: van ban tu choi nhan di santhua ke

Procedures for declaring or dividing the land use right shall be made at the notary public office. The inheritor must submit a dossier with papers under the guidance of each notary public office, which is usually: the curriculum vitae of the person receiving the inheritance; identity card / passport, household registration of the person and recipient of the estate; the authorization contract or the authorization letter (in case of establishment of the transaction through the representative); death certificate of the deceased person; Willing (if any); Documents evidencing the lawful land use right of the estate leaver (the land use right certificate, one of the documents on land use rights specified in Clauses 1,2 and 5 of the 2003 Land Law). 

Order and procedures for registration of land use rights registration

Based on this dossier, the notary office shall issue a notice of posting at the office of the People's Committee of the commune or ward where the property or the final residence of the deceased is located. After 15 days of listing, if there is no dispute, the witness shall make a written declaration on receiving and distributing the inheritance according to the regulations . At present, the Law on Notarization has specific regulations on the notarization of documents on the division of legacy, the notarization of documents on declaration of inheritance, notarization of documents of refusal to receive the estate. In addition, the heirs can also apply for authentication of the legacy division agreement document, the inheritance document at the competent People's Committee.

Although the regulations are relatively specific, clear but the listing procedures at the office of the People's Committee of the commune, ward within 15 days did not bring high efficiency in practice. The purpose of the listing is to determine whether or not there is a dispute over the inheritance of land use rights which is listed at the People's Committee is not reasonable. Because the People's Committee is the state administrative body, only when it is necessary to carry out administrative procedures to serve the work or personal needs of the newcomers, and when they come, they just want to quickly complete the work. Work not interested, attention to the bulletin board is located here.

Read more: tu van thu tuc lap di chuc

According to LDB 2013, this regulation will have many changes. The land registration office will be established in place of the land use right registry at the provincial and district levels . All land use levies will submit an application file for inheritance. land use here. Time to implement procedures for registration of inheritance land use rights is also specified not more than 10 days since the receipt of valid documents. Along with the new form of electronic registration, this will be two regulations to speed up the registration of inheritance land use rights, save much time and effort for the user. Simultaneously with the change in the conditions of inheritance, documents in the file will inevitably have to change accordingly. However, currently the agency assigned the responsibility to specify the form of dossiers and components of the dossiers for the implementation of administrative procedures on land, the Ministry of Natural Resources and Environment has not yet provided specific guidance.

In general, the law stipulates the order and procedures for inheritance of land use rights which are generally generalized, in parallel with allowing localities to flexibly adjust the order and procedures to suit the real situation. each place. Inheritance of land use rights is a unilateral legal act that frequently occurs, so the regulations are relatively stable, favorable for the practical application of life. In addition, with the implementation of administrative reform under the one-stop-shop mechanism, it has created favorable conditions for people to exercise their rights and obligations quickly and effectively.

Source: tu van luat thua ke dat dai