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QUESTION:
My grandparents have 6 children. They died without leaving any Wills and left all their property, including 2 level-4 apartments and a garden of about 2 hectares. My family has now sold our house in Hanoi and moved back to live on grandparents' land. My father has moved his residence in Hanoi to enter into grandparents' household registration book! As for me and my mother, our household registration are still in Hanoi. My father has been suffering from a very serious illness that he probably won't be able to make it! May I ask if my dad was to die, do I and my mom have the right to live on my grandparents' land in case my relatives don't accept us? (In case my father was to die suddenly).
ANSWER:
Greetings from MEDLAW, thank you for sending your question to us, based on the information you provided, we would like to advise as follows:
Pursuant to Article 649 Civil Code 2015, Inheritance at law means inheritance in accordance with the order of priority of inheritance and the conditions and procedures of inheritance provided by law.
Pursuant to Point a Clause 1 Article 650 Civil Code 2015, inheritance at law shall be applied in case there is no will.
Pursuant to point a Clause 1 Article 651 Civil Code 2015, The first level of heirs comprises: spouses, biological parents, adoptive parents, offspring and adopted children of the deceased.
Regarding to your situation, since your grandparents died without leaving the will so the estate would be divided equally among their 6 children, specifically including 2 level-4 houses, 1 2-hectare garden - which would be divided into 6 parts. Therefore, your father will receive ⅙ in the total value of estate. In case your father dies, the part of the estate that your father receive will be halved for your mother and you. Therefore, your family does not have the right to possess, use or dispose of all your grandparents 'house. If your family wants to continue to stay in your grandparents' house, you should make an agreement with the remaining heirs. In case your mother and you want to live on your grandparents' house but the value of the house is greater than the value of the estate your father shall receive, your mother and you can negotiate by refunding the difference between the value of the house and the estate.
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