Judgement no. 04/2019/DS-ST dated november 4, 2019, regarding inheritance dispute

PEOPLE’S COURT OF NINH BINH PROVINCE

JUDGEMENT NO. 04/2019/DS-ST DATED NOVEMBER 4, 2019, REGARDING INHERITANCE DISPUTE

On October 30, 2019 and November 4, 2019, at its courtroom, the People's Court of Ninh Binh province holds a public trial for the case No. 04/2018/TLST-DS entertained on August 29, 2018, regarding “Inheritance dispute under the Decision to bring the case before court No. 06/2018/QDST-DS dated December 10, 2018 between litigants:

1. Plaintiff: Mr. Vu Duc H, born in 1955; Address: No. 17/96/2, street O, block T, ward P, city B, Ninh Binh province.

Person protecting the plaintiff’s legitimate rights and interests: Mrs. Duong Thi U – Lawyer at U Co., Ltd., as a member of Bar Association of city N; Address: No. 409K/53/4, ward P, district B, Hanoi city.

2. Defendant: Mr. Nguyen The I, born in 1962; Address: Neighborhood No. 3, commune S, district V, Ninh Binh province.

3. Other persons with associated rights and obligations:

- Mrs. NLQ1, born in 1947; Address: No. 46, street D, quarter O, ward O, city B, Ninh Binh province.

- Mrs. NLQ2, born in 1956; Address: No. 37, quarter Y, ward P, city B, Ninh Binh province.

- Mrs. NLQ3, born in 1960; Address: Neighborhood No. 3, commune S, district V, Ninh Binh province.

- Mrs. NLQ4, born in 1955; Address: Party School’s Hostel (old), quarter T, ward P, city B, Ninh Binh province.

- Mrs. NLQ5, born in 1976; Address: Quarter O, ward O, city B, Ninh Binh province.

- Mr. NLQ6, born in 1981; Address: Party School’s Hostel (old), quarter T, ward P, city B, Ninh Binh province.

Legal representative of Mrs. NLQ4, NLQ5, NLQ6: Mr. Vu Duc H, born in 1955; Address: No. 17/96/2, street O, block T, ward P, city B, Ninh Binh province, as an authorized representative. (Letter of Authorization dated September 10, 2018 and September 17, 2018) – Mrs. NLQ7, born in 1990; Address: No. 63, street 30-6, quarter X, ward Z, city B, Ninh Binh province.

- Mr. NLQ8, born in 1941; Address: Neighborhood No. 9, commune S, district V, Ninh Binh province.

Legal representative of Mr. NLQ8: Mr. Nguyen The I, born in 1962; Address: Neighborhood No. 3, commune S, district V, Ninh Binh province, as an authorized representative (Letter of Authorization dated June 24, 2019).

- Mrs. NLQ9, born in 1985; Address: No. 24, street L, ward M, city A, Nam Dinh province.

- Mr. NLQ10, born in 1995; Address: Neighborhood No. 3, commune S, district V, Ninh Binh province.

- Mr. NLQ11, born in 1987; Address: 경상남도거제시서문로 5 길 6 우헝빌딩 3층(Gyeongsangnam-do South Gate Road 5 Road 6 Uhne Building 3F – Korea); Registered permanent residence: Neighborhood No. 3, commune S, district V, Ninh Binh province.

- Mrs. NLQ12; Address: Neighborhood No. 3, commune S, district V, Ninh Binh province.

- NLQ13; Address: Quarter A, town A, district V, Ninh Binh province; Legal representative: Mr. Hoang Van L – Head of the Subdepartment of Natural Resources and Environment, as an authorized representative (Letter of Authorization dated May 23, 2019).

- NLQ14; Address: Commune S, district V, Ninh Binh province; Legal representative: Mr. Pham Van H1 - President of the People’s Committee of commune S.

Persons present at the Court: Mr. H, I, Mrs. NLQ1, NLQ3, NLQ7, NLQ9, NLQ10, NLQ12 and Lawyer U.

CASE DETAILS

According to the petition to sue filed July 19, 2018 and during the process of resolving the case, Mr. Vu Duc H, as the plaintiff and the authorized representative of Mrs. NLQ1, NLQ2, NLQ3, NLQ4, NLQ5 and Mr. NLQ6, speaks on their behalf as follows:

Mr. H's biological father is Mr. Vu Van O, born in 1921, died in 1984, and his biological mother is Mrs. Pham Thi L, born in 1920 and died in 1978. Mr. O and Mrs. L had 07 children, including Mr. NLQ8, Mr. Vu Duc H, Mrs. NLQ1, Mrs. NLQ2, Mrs. NLQ3, Mr. Vu Anh G, Mrs. Vu Thi Y, (they had no stepchildren and adopted children). Mr. Vu Anh G died intestate in 2017, had his wife, Mrs. NLQ4, and his children, including Mrs. NLQ5, NLQ6 and NLQ7.  Mrs. Vu Thi Y died in 2011, had her husband, Mr. Nguyen The I, and her children, including Mrs. NLQ9, NLQ10 and NLQ11.

When living together, Mr. O and Mrs. L created community property, which is the land plot number 21, map PL 1+2 made in 1996, at hamlet 3, commune S, district V, Ninh Binh province and property attached to the land, which is a 4-compartment roof-tiled house and a longan tree (near the gate). According to the certificate issued to Mrs. Y, the land plot covers an area of ​​535m2 (225m2 of residential land, 310m2 of garden land). Before they died, Mr. O and Mrs. L had not divided their property to anyone, did not leave a will, but only told their children orally that they let Mr. NLQ8, Mr. H and Mr. G inherit the 4-compartment roof-tiled house and the land plot. After they died, Mr. NLQ8 took care of the house and land and ancestor's alter. With the consent of Mr. NLQ8, around 1993, Mr. I and Mrs. Y moved to live in the house and land with the late couple. Around 1995 – 1996, Mr. I and his wife demolished the house left by their parents and built a new one without consulting family members. During the mediation, by NLQ14’s own account, Mr. H learned that the land plot of Mr. O and Mrs. L had been granted a certificate of land tenure in Mrs. Y's name. In 2011, when Mrs. Y died, in 2016 Mr. I married Mrs. NLQ12. Mr. H repeatedly asked Mr. I to give him a part of the land plot to build a house where ancestors are worshipped, but Mr. I did not agree. In 2017, Mr. H filed a claim to NLQ14, but the mediation failed.

Mr. H requests the Court to adjudicate the case as follows: Abolishing the Certificate of Land Tenure No. I 464844 dated January 2, 1997 issued by NLQ13 to Mrs. Vu Thi Y and requesting the distribution of inheritance of the land plot covering an area of 535m2 according to the law bequeathed by Mr. O and Mrs. L at No. 21, map PL 1+2 made in 1996, address: Hamlet 3, commune S, district V among 7 brothers and sisters.

According to the personal declaration testimony dated May 16, 2019, and during the litigation process, Mr. Nguyen The I, as the plaintiff and the authorized representative of Mr. NLQ8, states that:   In 1983, Mr. I married Mrs. Vu Thi Y. Mrs. Y is the daughter of Mr. Vu Van O and Mrs. Pham Thi L (Mrs. L died in 1978, Mr. O died in 1984; Mrs. Y died intestine in 2011). Mr. I and Mrs. Y have 3 children together: Mrs. NLQ9, Mr. NLQ11 and Mr. NLQ10. After getting married, Mr. I and his wife were allowed by Mr. O to live in the same house. After Mr. O's death, Mr. NLQ8 announced that Mr. I and his wife would continue to live on their parents' land, at which time Mrs. Y's siblings had no opinion. In 1996, Mr. I and his wife applied for registration and, in 1997, were granted by NLQ13 the certificate of land tenure No. I-464844 dated January 2, 1997 in the name of Mrs. Vu Thi Y, including the land plot No. 21, map sheet PL 1+2, covering an area of 535m2, including 225m2 of residential land, 310m2 of garden land. Regarding the property on the land, Mr. I's parents-in-law had 01 grade-4 house and 01 longan tree (near the gate).

As the grade-4 house was old and damaged and could not be used, in 1987 Mr. NLQ8 agreed to let Mr. I and his wife demolish it to build a flat roof house and other structures as seen today. The fact that Mr. I and his wife demolished their parents' old house to build a new house was known by all of Mrs. Y's brothers and sisters, but no one had any opinion. Mr. I disagreed with Mr. H over the request for division of the inheritance and invalidation of the certificate of land tenure already granted to Mrs. Y.

In the declaration testimony dated May 21, 2019 and during the process of adjudicating the case, Mr. NLQ8 made the following statement: Regarding the family relationship, Mr. NLQ8 stated exactly what Mr. H and Mr. I presented.

Regarding the origin of the disputed property: When he was still alive, his parents, Mr. O and Mrs. L, had the community property which is the land plot number 21, the map PL 1+2 made in 1996, and 4-compartment roof-tiled house built on the land plot. Before he died, NLQ8's parents had not divided the land and house and did not leave a will. When he was alive, Mr. O told Mr. NLQ8 that he gave his three brothers one compartment each, and the remaining one intended for his daughter.

About 1984, Mr. O let Mrs. Y and her husband live in the same house located at hamlet 3, commune S. After Mr. O's death, Mr. NLQ8 declared by himself that he gave Mrs. Y and her husband the right to own and use the house and land left by his parents. Before his declaration, despite Mr. NLQ8 did not receive any agreement from his brothers, all of them knew. When Mrs. Y and her husband demolished the old house left by their parents and built a new house like today, all of the brothers and sisters knew and went home to have a party to celebrate the laying of foundation. Mr. NLQ8 agreed to distribute the inheritance left by Mr. O and Mrs. L among 7 siblings. Mr. NLQ8 gave Mr. I, Mrs. NLQ9, Mr. NLQ10 and Mr. NLQ11 the inheritance share that Mr. NLQ8 inherited. Regarding the request for abolition of the certificate of land tenure, Mr. NLQ8 requests the Court to handle this request in accordance with the law.

During the process of adjudicating the case and at the court session, Mrs. NLQ7 made the following statement: Requesting the Court to divide the inheritance according to Mr. H’s recommendations.

At the court session, Mrs. NLQ2, NLQ3 and NLQ1 discontinue authorizing Mr. H to participate in the legal proceedings but they decide to do so on their own and make the following statement: They agree with Mr. H's statement, and request the Court to distribute the inheritance left by Mr. O and Mrs. L, including the right to use land plot number 21, map PL 1+2 at commune S established in 1996, at hamlet 3, commune S, district V among 7 siblings.

During the process of adjudicating the case and at the court session, Mrs. NLQ12 makes the following statement: She is the second wife of Mr. I, lives with him not too long and has not made any contribution to the disputed property; Hence, she does not have any request or recommendation.

During the process of adjudicating the case and at the court session, Mrs. NLQ7 shares the same opinion as follows: Mr. I and Mrs. Y have lived on that land for more than 30 years. If their uncle wishes to use the land to build an ancestor worshipping house, they agree to give them the land plot at the back of the house to build that worshipping house and keep all of the property created by themselves.

In the report made on May 6, 2019, NLQ14 attested that: Mr. Vu Van O died in 1984; Mrs. Pham Thi L died in 1978. Mr. O and Mrs. L had 07 children, including Mr. NLQ8, Mr. Vu Duc H, Mrs. NLQ1, Mrs. NLQ2, Mrs. NLQ3, Mr. Vu Anh G and Mrs. Vu Thi Y (they had no stepchildren or adopted children). When living together, Mr. O and Mrs. L created community property, which is the land plot number 21, map PL 1+2 made at commune S in 1996 and property attached to the land, which is a 4-compartment roof-tiled house. About 1984, the married couple, Mrs Y and Mr. I, lived in the same house with Mr. O.

Regarding documents on the land plot: Map sheet No. 4 made in 1987, land lot No. 173 covering an area of ​​675m2 in Mr. O’s name. Around 1993, Mrs. Y and Mr. I applied for registration for the certificate of land tenure. The land plot is identified by the map sheet PL 1+2 made in 1996, land plot No. 21 covering an area of ​​535m2 in Mr. I's name; the register and cadastral book created in 1996 in Mrs. Y’s name; The certificate of land tenure No. I-464844 issued on January 2, 1997 in Mrs. Y’s name; The application for grant of the certificate of land tenure included the followings: Application for registration of land tenure; the register, cadastral book, map PL 1+2 made in 1996 (Commune S didn't have a map until 1987 and no other relevant documents were available from 1987 or earlier). For Mr. H’s petition to sue, NLQ14 requests the Court to consult documents contained in the case file to settle the case in accordance with law.

The report No. 97/BC-UBND made on May 21, 2019, the Chairman, NLQ14, and the minutes dated May 6, 2019 of NLQ13, attested that:

According to the documents and records kept at the Department of Natural Resources and Environment and at NLQ14: Map sheet No. 4 made in 1987, the plot No. 173 covers an area of ​​675m2 (residential land of 360m2, garden land of 315m2) and is kept in Mr. O’s name. In 1993, after cadastral surveying of the land plot, Mr. I took charge of registration, application for and issuance of the certificate of land tenure. According to the map sheet PL 1+2 made in 1996, the land plot No. 21 covers an area of ​​535m2 and was assigned for use in Mr. I's name; the register and cadastral book created in 1996, the land plot was assigned for use in Mrs. Y’s name; The certificate of land tenure No. I-464844 issued on January 2, 1997, the land plot No. 21, map sheet PL 1+2, covering an area of 535m2 (residential land covering an area of 225m2, garden land of 310m2) was assigned for use in Mrs. Y's name.

NLQ13 requests the People's Court of Ninh Binh province to adjudicate the case in accordance with law and NLQ13 undertakes to execute the judgment.

In the minutes dated August 15, 2019, the representative of the Division of Natural Resources and Environment, Branch of the land registration office of District V affirmed that: According to the Certificate of Land Tenure No. I-464844 dated January 2, 1997 held in Mrs. Vu Thi Y’s name, the land plot number 21, PL 1+2 map sheet covers an area of ​​535m2 (residential land covering an area of 225m2; garden land covering an area of 310m2). However, according to the results of on-site expertise by the Court, the land plot covers an area of ​​​​579.1m2 which is increased by 44.1 m2. The extra area of the land plot arises due to difference in surveying over time. Because the land plot is now 579.1m2 and is used by Mr. O’s family first, and Mr. I and Mrs. Y later, on a stable, long-term manner and in conformity with the land use planning, and there is no dispute with the adjacent household, the land plot is eligible to be granted the certificate of land tenure.

Regarding evidencing documents:

- The extract of the cadastral map sheet No. 4 made in 1987, the land lot No. 173 covering an area of ​​675m2 (residential land covering an area of 360m2 and garden land covering an area of 315m2) held in Mr. O’s name.

- The extract of the cadastral map sheet No. PL 1+2 made in 1996, the land lot No. 21 covering an area of 535m2 (residential land covering an area of 225m2 and garden land covering an area of 310m2) held in Mr. O’s name.

- Page No. 49 of the register made in 1996, the land lot No. 21 covering an area of 535m2 (residential land covering an area of 225m2 and garden land covering an area of 310m2) held in Mr. I’s name.

- Page No. 45 of the cadastral book made in 1996, the land lot No. 21 covering an area of 535m2 (residential land covering an area of 225m2 and garden land covering an area of 310m2) held in Mrs. Y’s name.

- Application for registration of land tenure prepared in Mr. I's name (without contents, date of preparation and enclosing the sketch of the land plot) - Certificate of land tenure No. I-464844 O that NLQ13 issued on January 2, 1997 in the name of Mrs. Vu Thi Y, including the land plot map sheet number 21 PL 1+2 covering an area of 535m2 (residential land covering an area of 225m2, garden land covering an area of 310m2).

The on-the-spot review report dated May 20, 2019 of the People’s Court of Ninh Binh province shown that:  Land plot No. 21, the map sheet PL 1+2 made in 1996, which is currently managed and used by Mr. I's family, covers an area of ​​579.1m2. There is 01 longan tree near the entrance gate which was planted by Mr. O and Mrs. L as attested by litigants; In addition, on the land, there are items of property owned by Mr. I's family, including house, auxiliary structures, walls and other trees.

The valuation certificate of Foreign Trade Valuation Co., Ltd determined that:

- The value of the tenure of the land plot covering an area of 579.1m2 at the plot No. 21, PL 1+2 map sheet is VND 369,369,000, including the residential land: 225.0m2 x VND 1,500,000 = VND 337,500,000; the garden land: 354.1m2 x VND 90,000 = VND 31,869,000.

- The longan tree (near the gate): VND 670,000.

(In addition, the valuation certificate shows the value of property on the land under the ownership of Mr. I's family, including house, auxiliary structures, walls and trees). At the trial, Mr. H, Mr. I, Mrs. NLQ1, Mrs. NLQ2, Mrs. NLQ3, Mrs. NLQ7, Mrs. NLQ9, Mr. NLQ10 and Mrs. NLQ12 have agreed on the followings:

- Mr. Vu Van O was born in 1921, died in 1984; Mrs. Pham Thi L was born in 1920, died in 1978. Neither of them left a will. Mr. O and Mrs. L had 7 children together, including: Mr. NLQ8, Mr. Vu Duc H, Mrs. NLQ1, Mrs. NLQ2, Mrs. NLQ3, Mr. Vu Anh G, Mrs. Vu Thi Y (the two had neither biological nor adopted children). Mr. Vu Anh G died in 2017 (without leaving any will), had a wife, Mrs. NLQ4 and children, including Mrs. NLQ5, Mr. NLQ6 and Mrs. NLQ7. Mrs. Vu Thi Y died in 2011, had her husband, Mr. Nguyen The I and the children, including Mrs. NLQ9, Mr. NLQ10, Mr. NLQ11.

- The land plot covering an area of ​​579.1m2 in the plot no. 21, PL 1+2 map sheet made in 1996, located at the address: Hamlet 3, commune S, district V, has been granted a certificate of land tenure in Mrs. Y's name and has 01 longan tree (near the gate) which is the legacy of Mr. O and Mrs. L. Requesting the Court to divide the inheritance of these two testators through the operation of law to 07 children, including: Mr. NLQ8, Mr. H, Mrs. NLQ1, Mrs. NLQ2, Mrs. NLQ3; pass Mr. G's share of the estate bequeathed by Mr. O and Mrs. L on to Mrs. NLQ4 and her children, including Mrs. NLQ5, Mr. NLQ6, Mrs. NLQ7; pass Mrs. Y's share of estate bequeathed by Mr. O and Mrs. L on to Mr. I, Mrs. NLQ9, Mr. NLQ10, Mr. NLQ11.The share of estate that Mr. NLQ8 transfers to Mr. I must be enjoyed by Mr. I and his children. Requesting the shares of estate inherited by Mr. H, Mr. G, Mrs. NLQ1, Mrs. NLQ2 and Mrs. NLQ3 to be partially divided to create a common land parcel for use as an ancestor worshipping place. 

- Specific division plans are as follows:

+ Allowing Mr. I, NLQ9, Mr. NLQ10 and Mr. NLQ11 to inherit a share of 324.5m2 of land, including 125m2 of residential land, 199.5m2 of garden land; total heritage value is VND 205,455,000 (including Mrs. Y’s inheritance share and the inheritance share that Mr. NLQ8 gives); The location and size of the divided part of the land which are the same as those recorded in the diagram indicating the division of rights to use land and property on the land plot are agreed upon by the parties at the court hearing.

+ The remaining land covering an area of 254.6m2, including 100m2 of residential land, 154.6m2 of garden land, is divided into 5 parts: Mr. H, Mrs. NLQ1, Mrs. NLQ2, Mrs. NLQ3, each of whom inherit 01 part equal to 50.92m2 (20m2 of residential land, 30.92m2 of garden land); Mrs. NLQ4 and her children, including Mrs. NLQ5, Mr. NLQ6, and Mrs. NLQ7, are entitled to a share equal to 50.92m2 (20m2 of residential land, 30.92m2 of garden land). All of these shares of land are merged into one plot for common use. Mr. H, Mrs. NLQ1, Mrs. NLQ2, Mrs. NLQ3, Mrs. NLQ4, Mrs. NLQ5, Mr. NLQ6 and Mrs. NLQ7 are entitled to jointly own all property on the divided land, including: 03 longan trees, 01 ficus tree, 04 peach trees, 01 fig tree, 01 jackfruit tree, 02 pomelo trees, 01 tamarind tree, 02 star fruit trees, 01 avocado tree, toilet, barn (within the boundary of the divided land) and the northern boundary wall adjacent to the unoccupied reserved land at the right-side dike of Hoang Long river; The location and size of the divided land and the property on the land which are the same as stated in the diagram indicating division of rights to use land and land-attached property are agreed upon by the parties at the court hearing; Total estate value is VND 164,584,000 (including 100m2 of residential land, 154.6m2 of garden land, 01 longan tree).

- None of parties is obligated to pay the difference in property value.

- As for Mr. H’s prepaid expenses, including on-site examination and expertise, property valuation, offshore judicial entrustment, Mr. H requests the Court to allow him to deal with other involved parties without getting the Court involved in the case. Mr. H voluntarily pays all legally prescribed costs incurred from trying the case involving the parts of the estate divided amongst Mr. H, Mrs. NLQ1, Mrs. NLQ2, Mrs. NLQ3, Mrs. NLQ4, Mrs. NLQ5, Mr. NLQ6 and Mrs. NLQ7 .

- Mr. H voluntarily pays all legally prescribed costs of the first-instance trial for the case involving the parts of the estate divided amongst Mr. I. Mrs. NLQ9, Mr. NLQ10 and Mr. NLQ11.

The procurator representing the People’s Procuracy of Ninh Binh province gave opinions on compliance with legal proceedings law of the Judge, trial panel, the court clerk and persons involved in legal proceedings; requested the trial panel to:

- Pursuant to Article 5, Clause 5, Article 26, Article 34, Clause 3, Article 35 and Articles 37, 39, 147, 227, 228 of the Civil Procedures Code in Viet Nam;

- Pursuant to Article 609, 623, 649, 650, 651, 658, 660, 688 in the 2015 Civil Code in Viet Nam;

- Pursuant to Article 16 of the 1959 Law on Marriage and Family in Viet Nam; Article 33 of the 2014 Law on Marriage and Family in Viet Nam;

- Pursuant to Article 5, 98, 99, 100, 101, 106, 166, 167 in the 2013 Land Code in Viet Nam;

- Pursuant to the Resolution No. 326/2016/UBTVQH14 in Viet Nam dated December 30, 2016 of the Standing Committee of the National Assembly, stipulating rates, exemption, reduction, collection, payment, management and use of court fees and charges.

Accept the plaintiff's petition, divide the inheritance of Mr. O and Mrs. L according to the agreement made at the trial involving litigants.

Mr. Vu Duc H has to pay VND 400,000 in offshore judicial entrustment fees according to the receipt No. 0003638 dated December 13, 2018 and the receipt No. 0000111 dated June 4, 2019 of the Department of Civil Judgment Execution of Ninh Binh province.

Mr. H and Mr. I are liable for court costs in accordance with law and the agreement between litigants.

COURT’S JUDGEMENTS

[1] Mr. Vu Duc H is one of seven children of Mr. Vu Van O and Mrs. Pham Thi L. Mr. L died in 1978, and Mr. O died in 1984. Before death, both of them left no will. The litigants all admitted that the legacy left by Mr. O and Mrs. L, including 579.1m2 of land in the plot No. 21, PL 1+2 map made in 1996, address: Hamlet 3, S commune, V district, Ninh Binh province, and has a longan tree (near the gate). Mr. H filed a petition to sue to request the distribution by operation of law of the inheritance bequeathed by his parents to 7 siblings. According to the provisions of Article 186 of the Civil Procedures Code, Mr. H is the person who has the right to initiate a lawsuit and has filed a lawsuit within the statute of limitations for initiating a lawsuit as specified in Clause 1, Article 623, 688 of the 2015 Civil Code. In the petition to sue and during the process of settling the case, the plaintiff asks the Court to consider invalidating the Certificate of Land Tenure No. I-464844 dated January 2, 1997 issued by NLQ13 to Mrs. Vu Thi Y and the case involves Mr. NLQ11, as a person having associated rights and obligations, who works and lives in South Korea (this fact is admitted by all litigants). Pursuant to Clause 5 of Article 26, Article 34, Clause 3 of Article 35 and Articles 37 and 39 of the Civil Procedures Code, the case falls under the jurisdiction of the People’s Court of Ninh Binh province.

At the trial, the legal representatives of NLQ13 and NLQ14 were absent after the legal representative of NLQ14 had filed an application for trial in absentia. The court duly summoned them for the second time but litigants were absent without reason; therefore, based on Articles 227, 228 of the Civil Procedures Code, the Court tried them in absentia. For Mr. NLQ11, according to the address provided by the plaintiff, the Court has conducted offshore judicial entrustment twice. In the first time, the effort failed for the reason that "the recipient is not clear". In the second time, no results were received for over 3 months. At the same time when the offshore judicial entrustment took place, the Court publicly posted the texts of legal proceedings on the Court's electronic portal in accordance with law; Pursuant to Clause 5, Article 477 of the Civil Procedures Code, the Court held the trial in the absence of Mr. NLQ11.

[2] As for the certificate of land tenure No. I-464844 dated January 2, 1997 issued by NLQ13 to Mrs. Y:  The certificate of land tenure No. I-464844 dated January 2, 1997 issued by NLQ13 to Mrs. Y shows certification of the right of long-term use of land covering an area of 535m2, including residential land covering an area of 225m2, garden land covering an area of 310m2, at the plot No. 21, PL 1+2 map sheet and 3,709m2 of paddy land and other crop land.

At the trial, litigants reached an agreement on​ ​579.1m2 of land in the plot No. 21, PL 1+2 map sheet made in 1996, address: Hamlet 3, S commune, V district, Ninh Binh province. This is the estate bequeathed by Mr. O and Mrs. L. As the Court is requested to divide the inheritance by operation of law, it is not necessary to invalidate the certificate. In this case, the competent authority can update any change in land, grant a new certificate of land tenure when the judgment takes legal effect.

[3] As for the request for division of the inheritance:

[3.1] About the time of initiation of the establishment of the inheritance relationship and order of inheritance: Mr. Vu Van O and Mrs. Pham Thi L, as a married couple, had 07 children, including Mr. NLQ8, Mr. Vu Duc H, Mrs. NLQ1, Mrs. NLQ2, Mrs. NLQ3, Mr. Vu Anh G and Mrs. Vu Thi Y (they had no stepchildren or adopted children). Mr. Vu Anh G died in 2017, had a wife, Mrs. NLQ4, giving birth to children, including Mrs. NLQ5, Mr. NLQ6 and Mrs. NLQ7. Mrs. Vu Thi Y died in 2011, had a husband, Mr. Nguyen The I, and the children, including Mrs. NLQ9, Mr. NLQ10 and Mr. NLQ11. Mrs. L died in 1978 and Mr. O died in 1984 in S commune, V district. According to the provisions of the Ordinance on Inheritance in Viet Nam and the provisions of Articles 611, 613 and 651 of the 2015 Civil Code, the time of initiation of the establishment of the inheritance relationship on the side of Mrs. L was in 1978 and the first line of inheritance includes her husband and all children; the time of initiation of the establishment of the inheritance relationship on the side of Mr. O was in 1984 and the first line of inheritance includes all children. Because the plaintiff filed a lawsuit to request the division of the inheritance after their death, the first line of inheritance includes NLQ8, Mr. Vu Duc H, Mrs. NLQ1, Mrs. NLQ2, Mrs. NLQ3 and Mr. Vu Anh G. Because Mr. Vu Anh G. died after their death, Mr. G's heirs to the inheritance include Mr. G's wife and children; Because Mrs. Y died after their death, the successors to Mrs. Y's inheritance include her husband and children.

[3.2] Regarding division of the inheritance: The land is now identified by the plot No. 21 on PL 1+2 sheet of the map of commune S made in 1996, address: Hamlet 3, commune S, district V, Ninh Binh province, and covering an area of ​​579.1m2 increased by 44.1m2 compared to the data recorded in the cadastral documents made in 1996. Specialized agencies determined that the land in the current state is increased in comparison to the land in the original state due to the difference in surveying methods used over periods of time. As the current land of 579.1m2 has been used by Mr. O’s family and then Mr. I’s family for a long time stably and in conformity with the land use planning and without any dispute with adjacent households, it is eligible to obtain the certificate of land tenure.  Therefore, there are grounds for determining that the right to use 579.1m2 of the land is the inheritance left by Mr. O and Mrs. L.

The agreement reached at the trial amongst Mr. H, Mr. I, Mrs. NLQ1, Mrs. NLQ2, Mrs. NLQ3, Mrs. NLQ7, Mrs. NLQ9, Mr. NLQ10 and Mrs. NLQ12 is voluntary, does not affect lawful rights and interests of the absent parties. Pursuant to Articles 649, 650, 651 and 660 of the 2015 Civil Code, accepting the plaintiff's petition to sue and the agreement reached at the trial of the involved parties and the division of the inheritance left by Mr. O and Mrs. L by operation of law amongst first-line heirs, including: Mr. NLQ8, Mr. H, Mrs. NLQ1, Mrs. NLQ2, Mrs. NLQ3; passing Mr. G's share of the estate bequeathed by Mr. O and Mrs. L on to Mrs. NLQ4 and her children, including Mrs. NLQ5, Mr. NLQ6, Mrs. NLQ7; passing Mrs. Y's share of estate bequeathed by Mr. O and Mrs. L on to Mr. I, Mrs. NLQ9, Mr. NLQ10, Mr. NLQ11. Also, the share of the inheritance is passed by Mr. NLQ8 on to Mr. I, Mrs. NLQ9, Mr. NLQ10 and Mr. NLQ11. The division is specified as follows:

* Allowing Mr. I, Mrs. NLQ9, Mr. NLQ10 and Mr. NLQ11 to enjoy the right to jointly use 324.5m2 of land, including 125m2 of residential land, 199.5m2 of garden land in the plot No. 21, PL 1+2 map sheet at Commune S created in 1996, address: Hamlet 3, Commune S, District V, Ninh Binh province; Location and measurement: To the North, it borders on the right-side embankment of Hoang Long river and is 4.31m long (two bends); to the West, borders on Mr. Khoa's land with a length of 32.94m (8 bends); to the South, borders on Mr. Ve's land with a length of 18.95m; to the East, borders on the land of Mrs. Thuoc's household with a length of 14.43m (3 bends); to the North, borders on the land to be divided among Mr. H, Mrs. NLQ1, Mrs. NLQ2, Mrs. NLQ3, Mrs. NLQ4, Mrs. NLQ5, Mr. NLQ6, Mrs. NLQ7 which is 15.71m long; to the East, borders on the land to be divided amongst Mr. H, Mrs. NLQ1, Mrs. NLQ2, Mrs. NLQ3, Mrs. NLQ4, Mrs. NLQ5, Mr. NLQ6, and Mrs. NLQ7 which is 19.6m long (2 bends) as shown in Figure 1 of the inheritance division diagram attached to the judgment (Total value of the estate is VND 205,455,000). Because the property on the land that Mr. I, Mrs. NLQ9, Mr. NLQ10 and Mr. NLQ11 are allowed to inherit is not the inheritance left by Mr. O and Mrs. L and no one requests the Court to settle, the Court does not consider settlement.

* The remaining land covering an area of 254.6m2, including 100m2 of residential land, 154.6m2 of garden land, is divided into 5 portions: Mr. H, Mrs. NLQ1, Mrs. NLQ2, Mrs. NLQ3, each of whom inherits 01 portion equal to 50.92m2 (20m2 of residential land, 30.92m2 of garden land); Mrs. NLQ4, Mrs. NLQ5, Mr. NLQ6 and Mrs. NLQ7, each of whom inherits a share equal to 50.92m2 (20m2 of residential land, 30.92m2 of garden land). All of these shares of land are merged into one plot for common use. Mr. H, Mrs. NLQ1, Mrs. NLQ2, Mrs. NLQ3, Mrs. NLQ4, Mrs. NLQ5, Mr. NLQ6 and Mrs. NLQ7 are entitled to jointly own all property on the divided land, including: 03 longan trees, 01 ficus tree, 04 peach trees, 01 fig tree, 01 jackfruit tree, 02 pomelo trees, 01 tamarind tree, 02 star fruit trees, 01 avocado tree, toilet, barn (within the boundary of the divided land) and the northern boundary wall adjacent to the unoccupied reserved land at the right-side dike of Hoang Long river; The location and size: To the North, it borders on the land to the right of the Hoang Long River, which is 11.67m long (3 bends); to the West, borders on the land to be divided amongst Mr. I, Mrs. NLQ9, Mr. NLQ10 and Mr. NLQ11 with a length of 19.6m (2 bends); to the South, borders on the land to be divided amongst Mr. I, Mrs. NLQ9, Mr. NLQ10 and Mr. NLQ11, which is 15.71m long; To the East, it borders on Mrs. Thuoc's household land with a length of 19.34m (4 bends), according to Figure 2 of the inheritance division diagram attached to the judgment (Total value of the estate is VND 164,584,000, including the value of 100m2 of residential land, 154.6m2 of garden land, 01 longan tree).

* None of litigants is obligated to pay the difference in property value.

[4] Regarding other costs of legal procedures: Because Mr. H prepaid expenses, including on-site examination and expertise, property valuation, offshore judicial entrustment, but did not request the Court to settle, the Court does not consider handling Mr. H’s prepayment. Mr. H has to pay VND 400,000 in the cost of offshore judicial entrustment according to the receipt No. 0003638 dated December 13, 2018 and the receipt No. 0000111 dated June 4, 2019 of the Department of Civil Judgment Execution of Ninh Binh province.

[5] Regarding trial court costs:

* Because Mr. H, Mrs. NLQ1, Mrs. NLQ2 and Mrs. NLQ3 are elderly people, they are exempt from paying first-instance civil court costs corresponding to the value of the property they are entitled to inherit. Mr. H voluntarily pays court costs on behalf of NLQ4, Mrs. NLQ5, Mr. NLQ6 and Mrs. NLQ7; Therefore, Mr. H must pay the first-instance civil court cost corresponding to the value of the property that they inherit and enjoy with a total amount of VND 2,878,000 (Mrs. NLQ4's court cost: VND 164,584,000 x 5% = VND 8,229,200/5 = VND 1,645,000; Court cost of Mrs. NLQ5, Mr. NLQ6, Mrs. NLQ7: VND 164,584,000 x 5% = VND 8,229,200/5 = VND 1,645,000/4 = VND 411,250 x 3 = VND 1,233,000).

Mr. I voluntarily pays court costs on behalf of Mrs. NLQ9, Mr. NLQ10, Mr. NLQ11; So, Mr. I must pay total trial court cost equivalent to the value of the property share that Mr. I, Mrs. NLQ9, Mr. NLQ10, Mr. NLQ11 inherit and enjoy with total amount of VND 10,272,000 (VND 205,455,000 x 5% = VND 10,272,000).

Litigants can exercise the right of appeal in accordance with laws. In light of the aforesaid statements:

HEREBY DECIDES

- Pursuant to Article 5, Clause 5, Article 26, Article 34, Clause 3, Article 35 and Articles 37, 39, 147, 227, 228, 271 and 273, Clause 5, Article 477 and 479 of the Civil Procedures Code;

- Pursuant to Article 609, 623, 649, 650, 651, 658, 660, 688 in the 2015 Civil Code;

- Pursuant to Article 16 of the 1959 Law on Marriage and Family; Article 33 of the 2014 Law on Marriage and Family;

- Pursuant to Article 5, 98, 99, 100, 101, 106, 166, 167 in the 2013 Civil Code;

- Pursuant to the Resolution No. 326/2016/UBTVQH14 dated December 30, 2016 of the Standing Committee of the National Assembly, stipulating rates, exemption, reduction, collection, payment, management and use of court fees and charges.

Making the following pronouncements:

1. Accepting the petition to sue of the plaintiff and dividing the legacy left by Mr. O and Mrs. L covering an area of 579.1m2, including 225m2 of residential land and 354.1m2 of garden land at the plot No. 21, PL 1+2 map sheet made in 1996, address: Hamlet 3, S commune, V district, Ninh Binh province, and the land-attached property including:

* Allowing Mr. Nguyen The I, Mrs. NLQ9, Mr. NLQ10 and Mr. NLQ11 to enjoy the right to jointly use 324.5m2 of land, including 125m2 of residential land, 199.5m2 of garden land; Location and measurement of the divided land: To the North, it borders on the right-side embankment of Hoang Long river and is 4.31m long (two bends); to the West, borders on Mr. Khoa's land with a length of 32.94m (8 bends); to the South, borders on Mr. Ve's land with a length of 18.95m; to the East, borders on the land of Mrs. Thuoc's household with a length of 14.43m (3 bends); to the North, borders on the land to be divided among Mr. H, Mrs. NLQ1, Mrs. NLQ2, Mrs. NLQ3, Mrs. NLQ4, Mrs. NLQ5, Mr. NLQ6, Mrs. NLQ7 which is 15.71m long; to the East, borders on the land to be divided amongst Mr. H, Mrs. NLQ1, Mrs. NLQ2, Mrs. NLQ3, Mrs. NLQ4, Mrs. NLQ5, Mr. NLQ6, and Mrs. NLQ7 which is 19.6m long (2 bends) as shown in Figure 1 of the inheritance division diagram attached to the judgment.

* Allowing Mr. Vu Duc H, Mrs. NLQ1, Mrs. NLQ2, Mrs. NLQ3, Mrs. NLQ4, Mrs. NLQ5, Mr. NLQ6 and Mrs. NLQ7 to have the right to use 254.6m2 of land, including 100m2 of residential land and 154.6m2 of garden land. Mr. H, Mrs. NLQ1, Mrs. NLQ2, Mrs. NLQ3, Mrs. NLQ4, Mrs. NLQ5, Mr. NLQ6 and Mrs. NLQ7 are entitled to jointly own all the property on the divided land, including: 03 longan trees, 01 ficus tree, 04 peach trees, 01 fig tree, 01 jackfruit tree, 02 pomelo trees, 01 tamarind tree, 02 star fruit trees, 01 avocado tree, toilet, barn (within the divided land boundary) and the northern boundary wall adjacent to the unoccupied reserved land at the right-side dike of Hoang Long river; Location and size of the divided land and property on the land: To the North, bordering on the land to the right side embankment of Hoang Long river, 11.67m long (3 bends); to the West, bordering the land to be divided between Mr. I, Mrs. NLQ9, Mr. NLQ10, Mr. NLQ11 with a length of 19.6m (2 bends); to the South, bordering on the land to be divided between Mr. I, Mrs. NLQ9, Mr. NLQ10, Mr. NLQ11, 15.71m long; to the East, bordering on Mrs. Thuoc's land with a length of 19.34m (4 bends) as shown in Figure 2 of the inheritance division diagram attached to the judgment.

2. Regarding offshore judicial entrustment fees:  Mr. Vu Duc H has to pay VND 400,000 (Four hundred thousand Vietnamese dong) in offshore judicial entrustment fee according to the receipt No. 0003638 dated December 13, 2018 and the receipt No. 0000111 dated June 4, 2019 of the Department of Civil Judgment Execution of Ninh Binh province. Mr. H already pays all offshore judicial entrustment fees.

3. Regarding the first-instance civil court costs:

- Mr. Vu Duc H is liable for VND 2,878,000 (Two million eight hundred seventy eight thousand Vietnamese dong) in the first-instance trial cost.

- Mr. Nguyen The I is liable for VND 10,272,000 (Twelve million two hundred seventy two thousand Vietnamese dong) in the first-instance trial cost.

As the trial is held open to the public, litigants can exercise the right of appeal within the following limitation periods:

Litigants present in Vietnam and at the court hearing may file an appeal within 15 days from the date of the court’s pronouncement (November 4, 2019).

Litigants present in Vietnam, but absent at the court hearing, may file an appeal within 15 days of receipt of the judgement or from the date the judgement is posted.

Mr. NLQ11, as a person with associated rights and obligations, may file an appeal within 12 months from the pronouncement date (November 4, 2019).

In cases where the court judgement is executed under the provisions of Article 2 of the Law on Civil Judgment Execution in Viet Nam, the obligee and obligor to execution of the civil judgment may negotiate about how the judgment is executed, the right to request judgment execution, voluntary execution of the court judgement or shall be subject to law enforcement processes under Articles 6, 7, 7a and 7b of the Law on Civil Judgment Execution; the term of execution of the court judgement is subject to regulations laid down in Article 30 of the Law on Civil Judgement Execution.


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Judgement no. 04/2019/DS-ST dated november 4, 2019, regarding inheritance dispute

Số hiệu:04/2019/DS-ST
Cấp xét xử:Sơ thẩm
Agency issued: Tòa án nhân dân Ninh Bình
Field:Dân sự
Date issued: 04/11/2029
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