Ms. Nguyen Thi Xuan's family (Hoa Binh) has a land plot and a perennial plant that has been granted a certificate of land use rights in 2000, re-issued a certificate of land use rights in 2018. In 2021, Mrs. Xuan's grandmother (Nguyen Thi Don) passed away. In early 2022, Xuan's parents donated land to their children.

Ms. Xuan's family was guided by the notary office to carry out the procedures for division of the estate, with demographic confirmation in 2000, her father (Mr. Nguyen Van Huong) was the only child of her paternal grandmother and grandfather. She was dead in 1972.

Ms. Xuan's family completed all procedures and submitted documents at the one-stop department of the City People's Committee. However, after that, the land registration office returned the documents with the reason, asking the notary office to carry out the inheritance procedures, and then carry out the procedures for gifting to the children.

Ms. Xuan's family contacted the notary office and received a reply, the civil servant's office did the correct procedure and did not do it again.

Currently, Ms. Xuan's family cannot do the procedures for donating land. She asked, how should her family's case be resolved? Where to go to solve?

The Department of Natural Resources and Environment of Hoa Binh province responded to this issue as follows:

For the application file for inheritance of Mr. Nguyen Van Huong's household, on July 1, 2022, the branch of the City Land Registration Office. Hoa Binh received the inheritance dossier and divided the land use rights of Mr. Nguyen Van Huong's household.

Components of the dossier must be submitted in full according to Clause 2, Article 9 of Circular No. 24/2014/TT-BTNMT dated May 19, 2014 of the Ministry of Natural Resources and Environment on regulations on cadastral dossiers, including: Application for registration sign changes in land and properties attached to land; the document declaring the inheritance; cadastral measurement of the land plot; Certificate of land use right (original).

 

About the content of the file: In the document of declaration of certified heritage dated June 14, 2022, there are still some contents that do not meet the regulations. Specifically:

In the "Committed heir" section of the document declaring the inheritance, the members of the first line of inheritance as prescribed in Article 651 of the Civil Code 2015 have not been clarified (there is no information about Ms.Don’s husband).

In Section 3.2, the subjects Ms. Nguyen Thi Xuan, Ms. Nguyen Thi Ngoan, Ms. Nguyen Thi Mai and Ms. Nguyen Thi Sinh are not subject to inheritance. Therefore, the content of Section 3.2 is not consistent with the title in Section III.

Personal information: In this section, information about the members of the household does not have Mr. Nguyen Van Huong.

Agreement on division by household members: The content of giving away the land use right portion of household members and the right to inherit from Mr. Nguyen Van Huong is not the same as the content of agreeing to receive the right use of donated land and the right to inherit from Mr. Nguyen Van Huong.

The document declaring the estate is being carried out at the same time as the procedures for inheriting the land use rights from Mrs. Nguyen Thi Don to the first heir, Mr. Nguyen Van Huong, and the procedures for donating the land use rights to the second heir. the second is Mr. Nguyen Van Huong for the children.

Regarding the petition and reflection of Ms. Nguyen Thi Xuan, by collecting documents and verifying the process of handling the content of Ms. Nguyen Thi Xuan's application, determined:

On September 21, 2018, Mr. Nguyen Van Huong's household was granted a certificate of land use rights, ownership of houses and other properties attached to land with an area of 1,580,5 m2. At that time, Mrs. Nguyen Thi Don was still living and living with Mr. Nguyen Van Huong's household, so the right to use the land area of 1,580.5 m2 belonged to Ms. Nguyen Thi Don, Mr. Nguyen Van Huong and other members of the household according to the regulations. legislation.

Ms. Nguyen Thi Don died on July 29, 2021, so Mr. Nguyen Van Huong has to carry out the procedures to inherit the land area under the use of Mrs. Nguyen Thi Don in the household and the beneficiaries. otherwise specified.

 

After Mr. Nguyen Van Huong completed the procedures for inheriting the land area under the land use right of Mrs. Nguyen Thi Don, continue to carry out the procedures for donating the land use right of Mr. Huong (including the area to be donated by Mr. inherited from Mrs. Nguyen Thi Don and the area under his use in the household) to her children, including Mrs. Nguyen Thi Xuan.

Nguyen Thi Xuan and her family are requested to comply with the above provisions.

According to Chinhphu.vn (Government Newspaper)