When my family makes a red book of living land, is it necessary to obtain a confirmation of no dispute with relatives? (Mr. Dinh Tien Minh)

The land that my family is living on is bought by my parents with handwritten papers. Now, the family wants to make the red book and my mother will take her name. We consulted that many people said it was necessary to have the non-dispute confirmation of my father's brothers (my uncles). Is that true they say? Assuming yes, if these people died, what should my family do?

The lawyer replies

According to Article 33 of the Law on Marriage and Family 2014 on common property of husband and wife: Common property of husband and wife includes property created by a spouse, incomes generated from labor, production and business activities, yields and profits arising from separate property and other lawful incomes in the marriage period..., property jointly inherited by or given to both, and other property agreed upon by husband and wife as common property.

The land use rights obtained by a spouse after marriage shall be common property of husband and wife, unless they are separately inherited by, or given to a spouse or are obtained through transactions made with separate property.

In this case, this land bought by your parents should be the property of the two of you during the marriage period.

Besides, Article 651 of the Civil Code 2015 stipulates:

1. Heirs at law are categorized in the following order of priority:

 a) The first level of heirs comprises: spouses, biological parents, adoptive parents, offspring and adopted children of the deceased;

b) The second level of heirs comprises: grandparents and siblings of the deceased; and biological grandchildren of the deceased;

2. Heirs at the same level shall be entitled to equal shares of the estate.

3. Heirs at a lower level shall be entitled to inherit where there are no heirs at a higher level because such heirs have died, or because they are not entitled to inherit, have been deprived of the right to inherit or have disclaimed the right to inherit

Thus, if your father dies without a will, his estate will be divided by law among the first inheritance row, including your mother, you and your brother, sister, grandfather, and grandmother. Account (if alive). Since the land is the common property of the couple, your mother-in-law will receive half of it. The remainder is divided equally among those who belong to the first inheritance row, each enjoying an equal share.

Since there are still people in the first inheritance row, your father's brothers and sisters who belong to the second inheritance row will not enjoy the estate, so they have no right to this land. It is not right for some people to say that you need your uncle's non-dispute confirmation.

For a land claim that is free of disputes, you can do it at the People's Committee of the commune where the property is located.

The Lawyer, Master Pham Thanh Binh

The Bao Ngoc Law Firm, Hanoi