Documents proving the legal land use rights
Mr. Nguyen Hoang (Cao Bang) asked, in the Land Register in 1986, there was a parcel of land in which the name of the land user was his father, but it was recorded as "temporarily assigned", so can this book be considered as one of the documents to prove that his father has the legal right to use that land and has the right to divide the inheritance among his children?
Mr. Hoang also wants to know, when his father died, will that land parcel be determined as his father's estate for legal inheritance?
The Ministry of Natural Resources and Environment responded to this issue as follows:
Clause 1, Article 100 of the 2013 Land Law provides for cases where households and individuals are using land in a stable manner and are granted a certificate of land use rights and ownership of houses and other land-attached assets. and do not have to pay land use levy; in which: "b) A temporary certificate of land use right granted by a competent state agency or named in the land register or cadastral book before October 15, 1993".
Accordingly, the case named in the land register was made in accordance with the provisions of law in 1986 (according to Decision No. 56-DKTK dated November 5, 1981 of the General Department of Land Management). If the landowner promulgates a written regulation on the procedures for registration of land statistics throughout the country), he/she shall be granted a certificate of land use rights and ownership of houses and other land-attached assets without having to pay use fees. land.
Article 168 of the Land Law stipulates the time to exercise the rights of land users, according to which, in case of inheriting land use rights, the land users are entitled to exercise their rights when they have a Certificate or meet all conditions. to issue certificates of land use rights and ownership of houses and other land-attached assets.
Pursuant to the above provisions, land users may only exercise their inheritance rights when they have a Certificate or meet all conditions for issuance of a Certificate.
The Ministry of Natural Resources and Environment provided information for him for further understanding.
By: According to Chinhphu.vn (Government Newspaper)/Translator: LeAnh-Bizic
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