Consultation on land use right inheritance dispute?
Civil
Code 2005
Resolution
No. 02/2004 / NQ-HDTP Guiding the application of law in the settlement of
civil, marriage and family cases.
Read more: thua ke co yeu to nuoc ngoai
Analysis
content:
In
case your grandparents have lost your life, based on Article 633, Clause 1 of
the 2005 Civil Code, "The time of opening the inheritance is the time when
the property owner dies."
Article
645 of the Civil Code provides for the statute of limitations for initiating
lawsuits regarding inheritance as follows:
"The
statute of limitations for initiating a lawsuit for an heir to divide the
estate, to certify his / her right of inheritance or to deny the heirship of
another person shall be ten years from the time of opening the inheritance. The
statute of limitations for initiating a lawsuit to request the heir to perform
the property obligation of the deceased is three years from the time of opening
the inheritance. "
 |
| Consultation on land use right inheritance dispute? |
So,
after 30 years from the time of opening the inheritance (the time your
grandparents lost), your uncle has no right to sue inheritance request for
inheritance.
However,
according to the provisions of Resolution 02/2014 / NQ-HDTP regulating the case
of non-application of the statute of limitations for initiation of lawsuits on
inheritance right as follows:
"2.4
The statute of limitations for initiation of lawsuits on the right to
inheritance shall not apply
a.
If, within ten years from the time of opening the inheritance, the co-heirs
have no disputes on the inheritance right and jointly certify the
co-inheritance or after the expiration of the ten-year period, the Inheritance
is not subject to disputes over inheritance and all legacy inheritance left by
the deceased has not been divided, then the estate is converted into the common
property of the inheritance. Where there is a dispute and request the Court to
settle, the statute of limitations for initiation of a lawsuit against the
right to inheritance shall not apply, but the provisions of the law on division
of common property shall apply to settle and be distinguished as follows:
Read
more: tu van thu tuc lap di chuc
a.1.
In cases where there is a testament but the co-owners do not dispute and agree
on the division of property, the will shall be performed according to the
testament when there is a need to divide the property, the division of such
common property shall be made in accordance with the testament.
a.2.
In cases where there is no testament, the co-beneficiaries shall agree on the
part of each beneficiary when there is a need to divide the property, the
division of such common property shall be effected according to their
agreement.
a.3.
In cases where there is no will and the co-heirs have no agreement on the part
of each beneficiary when there is a need to divide the property, the division
of such common property shall be made in accordance with the law on division of
common property. "
Thus,
there are cases:
-
First: If the co-heirs submit the petition to the court where the content of
the lawsuit is to initiate lawsuits on inheritance (such as division of
inheritance, determination of inheritance rights ...), the court shall return
the application for initiation The time limit has expired.
-
Second: If the co-heirs submit the petition to the court but the content of the
lawsuit is the request for settlement of the common property of the co-heirs,
the court will accept the complaint; In this case, the court will apply the
provisions of the law on division of common property for settlement.
So
now, when the statute of limitations for inheritance has expired that your
father and father determined that there is no dispute over the inheritance and
confirm that the legacy of the dead left undivided, then the legacy is legacy.
Generally, your heirs will still be inherited.
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