[FREE LEGAL ADVICE]

QUESTION:

Hello, Lawyer! Please consult a Lawyer to help you. My family has 8 children, I am the youngest son living with my grandparents. The father gave each child a similar plot of land to build a house. The rest of the grandparents are: 1 plot of land for planting trees, 1 house of family living (including parents and the youngest son), and 1 square of land for 2 labor 8, 3 square of land in his name. Her husband made a will to leave all 3 plots of land for his youngest son (The will is notarized by the notary office) Returning to the 2-Cong 8 field land used to be the land allocated by the government according to the demographics (which is the household book), it was later changed to a private book for his father, and his father transferred his name to his youngest son. But the 5 brothers did not agree, forcing the father to divide the 2cong8 land equally. The children are all living separately. The three boys disagreed with the division and submitted an application to the CPC to present the matter (because the children submitted an application to the Commune People's Committee to sue). Before now, that land was cultivated by the three of us. So, the Lawyer let me ask in such a case, does my father have to divide among all the children? When the red book of three children passed to his youngest son in August 2020. Please explain it to me! 

Thank you sincerely!

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 158 of the 2015 Civil Code, ownership includes the right to possess, use and dispose of property of the owner in accordance with the law.

Pursuant to Clause 2, Article 160 of the 2015 Civil Code, on the principle of establishment and exercise of ownership rights and other rights to property, the owner is entitled to perform all acts according to his will towards the property. but must not be contrary to the provisions of law, damaging or affecting the interests of the nation, the people, the public interest, the legitimate rights and interests of others.

Pursuant to Article 194 of the 2015 Civil Code on the owner's right to dispose, the owner has the right to sell, exchange, donate, loan, inherit, renounce the ownership, consume, destroy. or take other forms of disposition in accordance with law on property.

Pursuant to Clause 1, Article 644 of the 2015 Civil Code on heirs regardless of wills, the following persons still enjoy the part of the estate equal to two-thirds of the rate of an heir at law if the estate is divided. by law, in the event that they are not entitled to the inheritance from the testator or only allow the estate to be less than two-thirds of the yield:

1. a) Minor children, father, mother, wife, husband;
2. b) Adult children that are incapable of working. 

Contact your question, when the government has considered and approved the issuance of a separate red book for three of you, so the three of you are recognized by the State as the legal owner of the land plot 2 public 8 so they have full rights possessed as used and disposed of. Your father has the right to sell, give, or inherit for his youngest son without having to divide it equally among all the children. If the youngest son has acquired a legal title, his ownership is recognized by the State. As a rule, regarding the division of inheritance, only the heir, independent of the will, can still share property if the testator does not grant the estate or the share of the property is less than two-thirds. The rate of heirs at law is: minor children, parents, spouses, minor children who cannot work are still entitled to inherit. 

The content of our consultation is based on the information provided by the Client, is for reference only and based on the legal provisions in force at the time of consultation. In case you ever need detailed consultation, please contact us directly for specific advice. 

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