1. Parties to the Case
- Plaintiff: Mr. Nguyễn Bá Á, born in 1960, residing at B Street, H Ward, K District, Bắc Ninh City, Bắc Ninh Province.
- Defendant: Mr. Nguyễn Bá H, born in 1954, residing at G Quarter, A Ward, T Town, Bắc Ninh Province (present in court).
2. Summary of Facts
This is a dispute over inheritance and a request to annul a land-use right certificate (LURC) between Mr. Á (plaintiff) and Mr. H (defendant).
The disputed property is Plot No. 191, with an area of 430.7 m² in Bắc Ninh, originally granted to their parents, Mr. Nguyễn Bá H5 and Mrs. Nguyễn Thị N1, who passed away without leaving a will.
- The plaintiff claimed the entire plot is common inheritance of the parents and requested division of the estate and cancellation of the LURC issued to Mr. H.
- The defendant argued that his parents had orally gifted him the entire land in 1984 and emphasized his role in managing and preserving the property.
3. Court’s Findings
- Origin of the land: 430.7 m² was granted by the State to Mr. H5 and Mrs. N1. No will was left.
- Actual use: In 1984, the parents gifted ½ of the land (front portion) to Mr. H and his wife. The remaining 294.5 m² and a 58 m² house constitute the inheritance estate.
- On LURC: Issuance of a certificate for the entire land in Mr. H’s name in 1998, and re-issuance in 2022, was unlawful, as no valid transfer documents existed and it infringed on the rights of other heirs.
- Division of inheritance:
- Other heirs (excluding Mr. H) were entitled to 131 m² and the 58 m² house.
- Mr. H retained 43.7 m² of land.
- Appeal: The appellate court dismissed the appeal, finding the differences immaterial and the distribution equitable.
- Court fees: Exempted for both Mr. Á and Mr. H due to advanced age.
4. Legal Evaluation
(i) Legal Basis
- Establishing the estate: The court reasonably determined that the inheritance estate comprised 294.5 m² and the 58 m² house, relying on objective evidence (documents, witness testimony, and land use reality).
- Application of Precedent No. 03/2016/AL: Recognizing oral gifting by parents to children—here, Mr. H5 and Mrs. N1 gifting half the land to Mr. H—was consistent with usage reality, accepted by co-heirs, and legally grounded.
- Legal effect of LURC: The annulment of the LURC issued to Mr. H was proper, as the registration did not reflect actual use and lacked a lawful written gift contract.
- Consideration of management effort: The trial court’s decision to allocate 10% of the estate to Mr. H for management efforts was debatable, given his admission that he had not maintained or improved the estate. The appellate court, however, pragmatically upheld the ruling, finding the difference negligible and non-prejudicial to other heirs.
(ii) Procedural Aspects
- Both trial and appellate courts followed proper procedures: summoning, verification, valuation, evidence collection, and public hearings.
- Exempting elderly litigants from advance court fees reflected flexibility and humanitarian considerations in civil proceedings.
5. Lessons Learned
(i) On family relations and common property
- Written contracts are essential: The parents’ oral gift caused prolonged disputes. Had a notarized written deed existed, litigation could have been avoided.
- Household registration is not ownership evidence: Mr. H’s inclusion in the household record did not grant him ownership of the entire property. This principle is crucial in Vietnam, where household registration has historically been misinterpreted as proof of ownership.
(ii) On issuance of LURC
- Authorities must investigate thoroughly: The district People’s Committee and the Department of Natural Resources and Environment failed to verify actual land use and ownership before granting and reissuing the LURC, infringing on heirs’ rights.
(iii) On litigation and dispute resolution
- Preservation of evidence is vital: Family meeting records, old certificates, household registers, and repair documents are valuable evidence in inheritance disputes.
- Family reconciliation is preferable: Court rulings may resolve legal rights but often harm family bonds. Sibling disputes that escalate into lawsuits damage relationships—negotiation and compromise should always be prioritized.
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1. Lawyer Vu Thi Phuong Thanh, Ha Noi Bar Association
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