Transfer or donation of land use rights must be authenticated
hanguyen0409 26-10-2020, 11:13

Transfer or donation of land use rights must be authenticated



Mr. Trinh Huy Tung’s family ( in
Thanh Hoa
Province ) has 4 brothers and sisters who are married and living separately. Before his, his parents ’ death, his parents
had to process all land papers and houses under the name of Mr. Tung ,
but did not leave a will. Currently, his siblings are asking to divide their assets equally.



Mr. Tung
would like to ask , do eshe
have the full right to use the land, to own the house that
his
parents left behind?



Regarding this issue , Lawyer Tran Van Toan,
the
Khanh Hung Law Office –
the
Hanoi Bar Association responded as follows:



Clause 1 and Clause 3 Article 167 of the Land Law stipulates, Land users may exercise the rights to exchange, transfer, lease, sublease, inherit, donate, mortgage or contribute land use rights as capital in accordance with this Law.



The notarization and certification of contracts and documents exercising the rights of land users are carried out as follows:



– Contracts on transfer, donation, mortgage or capital contribution with land use rights, land use rights and land-attached assets must be notarized or authenticated, except for the case of real estate trading as prescribed in point b of this clause;



The notarization and certification of contracts and documents exercising the rights of land users are carried out as follows:



– Contracts on transfer, donation, mortgage or capital contribution with land use rights, land use rights and land-attached assets must be notarized or authenticated, except for the case of real estate trading as prescribed in point b of this clause;



– Contract for lease, sublease of land use rights, land use rights and assets attached to land, contract on conversion of agricultural land use rights; notarized contracts for transfer of land use rights, land use rights and land-attached assets, land-attached assets in which either party or parties to the transaction are organizations engaged in real estate trading. or endorsement at the request of the parties;



– Notarized or authenticated documents on inheritance of land use rights, land use rights and land-attached assets in accordance with civil law;



Notarization is carried out at notary public organizations, authentication is carried out at communal People’s Committees.



According to Mr. Trinh Huy Tung, when he was alive, his father and mother did the procedures to change the name of all land papers and houses in the name of Mr. Tung, but did not specify that his parents transferred the land use right, House ownership to you in any form, transfer or donate? Is the transfer or donation contract notarized or authenticated? After being transferred or donated by his parents, has Mr. Tung registered the change of land use rights to his name yet?



If Mr. Tung’s father and mother make a transaction to transfer the land use right or home ownership to Mr. Tung in contravention of regulations on form, content and subject, that transaction will be void. Because Mr. Tung’s father and mother died without a will, so the siblings have the right to request a division of the estate according to the law.



If Mr. Tung’s father and mother make a transfer contract or a contract to donate land use rights or house ownership to Mr. Tung, be notarized at a notary public or authenticating organization at the communal People’s Committee; Mr. Tung has registered the land change at the Land Registration Office and has named the land user, owning a house on the Certificate of land use rights, ownership of houses and other land-attached assets.
Mr. Tung
has land use rights and ownership of a house that his parents transferred to him under the contract.



Even when
Mr.
Tung’s parents died without a will, Tung’s brothers could not request a legal inheritance division, because when his father died, Mr. Tung’s mother had no left property.



Lawyer Tran Van Toan



Khanh Hung
Layer’s Office ,
the
Hanoi Bar Association



• Section information is valid for reference to readers, not to be used as material in legal proceedings.

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