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Case law No. 05/2016/AL regarding the “Family dispute over inheritance”

October 15, 2020 Case Law

This precedent is cited from Cassasion Decision No. 39/2014/DS-GĐT dated October 09, 2014 issued by the Judicial Panel – the Supreme People’s Court regarding the case of “Family dispute over inhertance” in Ho Chi Minh City between the plaintiffs (Ms. Nguyen Thi Tuong and Ms. Nguyen Thi Xuan) and the defendants (including Mr. Nguyen Chi Trai (Cesar Trai Nguyen), Ms. Nguyen Thuy Phuong and Ms. Nguyen Thi Bich Dao); people with related interests and obligations are Ms./Mr. Nguyen Thi Xe, Nguyen Chi Dat (Danforth Chi Nguyen), Nguyen Thuan Ly, Nguyen Thi Trinh, Nguyen Chi Duc, Nguyen Thi Thuy Loan, Pham Thi Lien, Pham Thi Vui, Tran Duc Thuan and Tran Thanh Khang.

In the case of “Family dispute over inheritance”, the party is entitled to inheriting a part of the inheritance and also made her effort into the inheritance management and embellishment, but she disagreed with the division of the inheritance (due to her argument that the statute of limitations for filing a lawsuit on inheritance is expired) and also had no specific requirement for the court’s consideration on her effort into the inheritance management and embellishment; if the Court decides that the inheritance is divided up among the inheritors, the Court shall consider their effort. Because the request for non-division of the inheritance is more important than the request for the consideration on the effort; therefore, the Court shall consider the effort to thoroughly resolve the parties’ requests.

Precedent’s keywords: Request for filing a lawsuit, Request for a counterclaim; Effort into the inheritance management and embellishment.

 

For Vietnamese: Please click Precedent No.05/2016/AL on the “Inheriated property in dispute” case.

For English version: Please contact us via info@letranlaw.com

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