Case law No. 16/2017/AL regarding recognition of transfer of the land use rights being the inheritance transferred by one of the co-heirs.
October 15, 2020 Case Law
This case law was approved by the Judicial Council of the Supreme People’s Court on December 14, 2017 and promulgated under Decision No. 299/QD-CA dated December 28, 2017 issued by the Chief Justice of the Supreme People’s Court.
Source of this case law: Cassasion Decision No. 573/2013/DS-GDT issued by the Civil Court of the Supreme People’s Court on December 16, 2013 regarding the case of “Dispute over property inheritance” in Vinh Phuc Province between Ms. Phung Thi H1, Ms. Phung Thi N1, Ms. Phung Thi H2, Ms. Phung Thi P as the plaintiff(s) and Mr. Phung Van T as the defendant; people with related rights and obligations are Ms. Phung Thi N2, Ms. Phung Thi H3.
The inheritance is real estate which was transferred by one of the co-heirs; meanwhile, the other co-heirs did fully aware of the transfer but no objection thereto. Then, the co-heirs did earn their living from the transfer; additionally, the transferee was granted a certificate of the land use rights. Therefore, the Court shall recognize that the land use rights transfer contract is lawfully valid and the transferred land area is not subject to the inheritance for distribution but the transferee’s land use rights