{"id":3775,"date":"2021-04-12T16:14:10","date_gmt":"2021-04-12T09:14:10","guid":{"rendered":"http:\/\/medlaw.vn\/?p=3775"},"modified":"2021-05-27T15:27:33","modified_gmt":"2021-05-27T08:27:33","slug":"quyen-dinh-doat-tai-san","status":"publish","type":"post","link":"https:\/\/medlaw.vn\/en\/quyen-dinh-doat-tai-san\/","title":{"rendered":"PROPERTY RIGHTS"},"content":{"rendered":"
[FREE LEGAL ADVICE]<\/span><\/strong>
\nQUESTION<\/span><\/strong>
\nMy parents have been divorced for many years. At the time of divorce, my father wrote a written commitment to leave empty-handed and leave all of the property for my mother. So my mother's property right now includes a living house and 2 private plots. I am the youngest daughter who is married and has children. My mother offered to sell a piece of land for 6 billion but now has all the money to my sister. I want to ask if my mother does not share with me like that right? And my mother has the right to write a will to leave all property for my sister?\u00a0<\/span><\/div>\n
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ANSWERS<\/span><\/strong>
\nGreetings from MEDLAW, thank you for sending your question to us, based on the information you provided, we would like to advise as follows:<\/span>
\nPursuant 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.<\/span>
\nPursuant 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.<\/span>
\nPursuant 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.<\/span>
\nPursuant to Article 626 of the 2015 Civil Code on the rights of the testator:<\/span>
\nA testator has the following rights:<\/span>
\n1. Appoint an heir; disqualification of the heir.<\/span>
\n2. Assign part of the estate to each heir.<\/span>
\n3. Reserve a part of the property in the heritage block for donation and worship.<\/span>
\n4. Assigning obligations to heirs.<\/span>
\n5. Appointment of will keepers, estate managers, estate distributors.<\/span>
\nPursuant to Clause 1, Article 644 on an heir independent of a will, the following persons are still entitled to a part of the estate equal to two-thirds of the rate of an heir at law if the estate is divided by law, in in cases where they are not entitled to inheritance from the testator or only allow the part of the estate to be less than two-thirds of that yield:<\/span>
\na) Minor children, father, mother, wife, husband;<\/span>
\nb) Adult children that are incapable of working<\/span>Contact your question, since prior to the divorce your father was committed to leaving his property to your mother so that property was your mother's own. So your mother has full ownership, dispose of that property. Your mother is the owner and should be allowed to act on her own accord with respect to the property as long as it does not go against the law, for example selling, exchanging, giving, lending, leaving a surplus. Therefore, the fact that your mother has allotted all the money to sell that private land to your sister is not in contravention of the law. About writing a will to divide property based on the will of your mother and you are an adult, so it is not in the case that the heir is not dependent on the will, so your mother has the right to leave property to her. your.\u00a0<\/span><\/em><\/p>\n<\/div>\n
<\/div>\n
The content upon is our answer to your question. Please message us on the Fanpage or contact us through the hotline (84\u201328) 2253 7956 or website www.medlaw.vn if you ever need free legal consultancy service.<\/span><\/div>\n
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