[FREE LEGAL ADVICE]

QUESTION:
Hello everyone, I hope a lawyer can help me answer this. My husband's family has only 3 brothers, before his father-in-law's death, he divided the land but talked about it. After losing my house, I made a red book but it was in my mother-in-law's name, now she says she doesn't divide the land for my family anymore, but I built a house on the land that my father-in-law divided with my mouth, will my husband now Can the land be divided?

ANSWER:
Hi, thank you for sending your question to MEDLAW, because the information you provided is incomplete, MEDLAW is not enough to give you an accurate advice. However, your case can refer to the following regulations:

According to the information you provided: before his death, your father left an oral will to divide the land between your husband and two brothers. According to the provisions of Article 627 of the 2015 Civil Code, wills can be made orally. However, for an oral will to be considered legal, it must fully comply with the conditions in Clause 5, Article 630 of the Civil Code 2015, whereby, when your father-in-law leaves an oral will, there must be a at least 2 witnesses take notes, jointly sign or fingerprint. Within 05 working days from the date your father-in-law shows his final will, the will must be certified by a notary public or a competent authority to certify the signature or fingerprints of the witness.

According to the information you provided: the father-in-law left an oral will but you did not mention whether there were witnesses or not. Along with that, after your father-in-law died, your family went back to red book in the name of your mother-in-law, so even though there were witnesses, your family did not notarize to confirm the signature or fingerprints of the spouse. testify within 5 working days, the oral will is not valid. At this time, your father-in-law's estate will be divided according to the law according to the provisions of Clause 1, Article 650 of the Civil Code 2015 and the determination of the inheritance is specified in Clause 1, Article 651 of the Civil Code 2015. Thus, your husband belongs to the first line of heirs and is entitled to a part of your father-in-law's estate. However, due to the incomplete information you provide about at the time of transferring the land book from the name of the parents to the name of the mother-in-law, the procedure is carried out in what form, so MEDLAW does not have enough grounds to advise correctly. Your case. If your mother-in-law voluntarily transfers the land without notifying the division of the inherited property to her children or the children do not know, your husband can initiate a lawsuit to claim the division of the inherited property according to the provisions of Clause 5 of this Article. 26 Civil Procedure Code 2015.

Specifically, the legal basis for your case is as follows:

According to the provisions of Article 627 of the 2015 Civil Code:
Wills must be made in writing; If it is not possible to make a will in writing, an oral will is possible.

According to the provisions of Clause 5, Article 630 of the 2015 Civil Code:
5. An oral will is considered legal if the oral testator shows his/her last will in front of at least two witnesses and immediately after the oral testator shows his/her final will, the witness records copy, co-sign or fingerprint. Within 5 working days from the date the oral testator expresses his/her final will, the will must be certified by a notary public or a competent authority to certify the signature or fingerprints of the witness.

According to the provisions of Article 650 of the Civil Code 2015, cases of inheritance according to law:
1. Inheritance at law shall apply in the following cases:
a) There is no will;
b) The will is not legal;
c) The testamentary heirs die before or at the same time as the testator; the agency or organization entitled to inherit under the will no longer exists at the time of opening the inheritance;
d) Persons designated as heirs under the will who do not have the right to inherit or refuse to receive the estate.

According to the provisions of Clause 1, Article 651 of the 2015 Civil Code:
1. The at-law heirs are specified in the following order:
a) First inheritance goods include: wife, husband, natural father, natural mother, adoptive father, adoptive mother, natural child, adopted child of the deceased;
According to the provisions of Clause 5, Article 26 of the Civil Procedure Code 2015:
5. Disputes over property inheritance.

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.

In case you ever need detailed consultation, please contact us directly for specific advice.

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