Judgment no. 222/2021/DSPT dated 27/04/2021 on Inheritance Dispute 

THE HIGH PEOPLE’S COURT IN HO CHI MINH CITY  

 JUDGMENT NO. 222/2021/DSPT DATED APRIL 27, 2021 ON INHERITANCE DISPUTE

Because an appeal against the first-instance judgment No. 722/2019/DS-ST dated June 28, 2019 of the People’s Court of Ho Chi Minh City has been made, on April 27, 2021, an appellate trial has been conducted at the High People’s Court in Ho Chi Minh City to hear in the public the handled case No. 410/2020/TLPT-DS dated August 05, 2020 regarding “inheritance dispute” according to the Decision to bring the case to the appellate trial No. 3673/2020/QDPT-DS  dated October 05, 2020, between the following persons concerned:

1. Plaintiff:  Mrs. Nguyen Tiet P, born in 1945;

Residence:  No. 40, Street No. 8, Quarter 7, Ward B, District B, Ho Chi Minh City.

Lawful representative (according to the Power of attorney dated August 19, 2013): Mrs. Nguyen Thi Kim Ngan; residence: 833/1A, Street K, Quarter 2, Ward L, District T, Ho Chi Minh City (present at the trial).

2. Defendant: Mrs. Nguyen Tiet H, born in 1943;

Residence:  No. 212/30A, Nguyen Van Ng Street, Ward T, District 1, Ho Chi Minh City. Lawful representative (according to the Power of attorney dated August 27, 2013): Mr. Nguyen Canh T, born in 1994 (present at the trial).

Address: No. 298, Street D, Ward 10, District 4, Ho Chi Minh City.

3. Persons with related interests and duties in the lawsuit:

1- Mr. Nguyen Minh M, (born in 1947, deceased on July 10, 2020 according to the Death Certificate No. 581/TLKT-BS dated July 13, 2020 of the People’s Committee of Ward T); Persons inheriting procedural rights and obligations: Mr. Nguyen Tiet Minh H and Mrs. Nguyen Tiet H, born in 1943;

Joint residence:  No. 212/30A, Street N, Ward T, District 1, Ho Chi Minh City.

2- Mr. Nguyen Tiet Minh H, born in 1975;

Residence:  No. 212/30A, Street N, Ward T, District 1, Ho Chi Minh City.

3- Mrs. Nguyen Tiet H, (born in 1935, deceased on November 05, 2015); Persons inheriting procedural rights and obligations:

3-1. Mr. Le Van Khanh H, born in 1960;

3-2. Mrs. Le Van Thu O, born in 1962;

3-3. Mrs. Le Van Thu P, born in 1963;

Joint residence:  No. 85, Street N, Ward 5, District B, Ho Chi Minh City.

3-4. Mrs. Le Van Thu Nga (Le, Nga Van Thu), born in 1967;

Residence:  17703 Emerald Garden LN Houston TX77084-3957, USA

4-Mr. Nguyen Tiet H; Residence: G3-8, Street No. 10, Ward P, District C, Can Tho City; Lawful representative (according to the Power of attorney dated August 27, 2013): Mrs. Nguyen Thi Kim N; residence: 833/1A, Street K, Quarter 2, Ward L, District T, Ho Chi Minh City.

5- Mr. Nguyen Tiet H, born in 1947, deceased on August 18, 2017; Persons inheriting procedural rights and obligations:

5-1. Mrs. Nguyen Thi N, born in 1944;

5-2. Mrs. Nguyen Tiet Nguyet H, born in 1968;

5-3. Mrs. Nguyen Tiet Nguyet T, born in 1970;

5-4. Mr. Nguyen Tiet V, born in 1973;

Joint residence:  No. 86 (former No. 78B), Street 30/4, Town S, Soc Trang Province.

Authorized representative of Mrs. N, Mrs. H, Mrs. T and Mr. V: Mrs. Nguyen Thi Kim Ng; residence: 833/1A, Street K, Quarter 2, Ward L, District T, Ho Chi Minh City. (acting as the authorized representative according to 04 Powers of attorney dated January 23, 2018).

5-5. Mrs. Nguyen Tiet Nguyet D (Nguyet-D Tiet Nguyen), born in 1975;

Residence:  1210S Sulllivan St Santa Ana CA, 92704, USA; Lawful representative: Mrs. Nguyen Thi Kim N; residence: 833/1A, Street K, Quarter 2, Ward L, District T, Ho Chi Minh City. (acting as the authorized representative according to the Power of attorney dated March 02, 2018).

6- Mr. Nguyen Tiet H, born in 1939;

Residence:  6 Sente du Noyer 78480 Verneuil/Seine, France.

Lawful representative:  Mrs. Nguyen Thi Kim N; residence: 833/1A, Street K, Quarter 2, Ward L, District T, Ho Chi Minh City (acting as the authorized representative according to the Power of attorney dated September 12, 2013).

7- Mr. Nguyen Tiet Q, born in 1947;

Residence:  1920 Peeler Rd-Salisbury NC 28146, USA; Lawful representative (according to the Power of attorney dated September 12, 2013): Mrs. Nguyen Thi Kim N; residence: 833/1A, Street K, Quarter 2, Ward L, District T, Ho Chi Minh City.

Appellant:  The defendant – Mrs. Nguyen Tiet H

CONTENTS OF THE CASE

According to the petition dated November 23, 2012 and during the case resolution, the plaintiff, Mrs. Nguyen Tiet P, through her representative, Mrs. Nguyen Thi Kim N, stated:

Mrs. P requests Mr. Nguyen Minh M and Mr. Nguyen Tiet Minh H who are staying in the house No. 212/30A, Street NN (former name: NC), Ward T, District 1, Ho Chi Minh City, to return this house to her family.

According to the petition dated July 05, 2013, the additional petition dated July 10, 2013 and during the case resolution, Mrs. Nguyen Tiet P, through her authorized representative, Mrs. Nguyen Thi Kim N, stated:

Mrs. Phuc’s father is Mr. Nguyen Van Q, born in 1896, deceased in 1985 and her mother is Mrs. Tiet Thi L, born in 1906, deceased in 1976. Mr. Q and Mrs. L have 07 children, including: Nguyen Tiet H, Nguyen Tiet H2, Nguyen Tiet H3, Nguyen Tiet H4, Nguyen Tiet H5, Nguyen Tiet P and Nguyen Tiet Q. When they were still alive, Mrs. P's parents were the owners of the house No. 212/30A, Street NN, Ward T, District 1, Ho Chi Minh City, according to the definitive purchase agreement dated October 22, 1980 of Saigon Notary Office with registration fees paid. Since 1985, when Mr. Q died, Mrs. Nguyen Tiet H who is one of co-heirs has been managing and using the said house till now. Currently, Mrs. H is leasing the house and prevents Mrs. P's siblings from living in this house.

Mrs. Nguyen Tiet H1 died on November 05, 2015 and her husband has died before Mrs. H1's death. Thus, her first degree of consanguinity includes Mr. Le Van Khanh H, born in 1960, Mrs. Le Van Thu Oa, born in 1962, Mrs. Le Van Thu P, born in 1963 and Mrs. Le Van Thu N (Le, N Van Thu), born in 1967 (Mrs. N is residing in USA).

Mr. Nguyen Tiet H5 died on August 18, 2017, and his first-degree of consanguinity includes his wife, Mrs. Nguyen Thi N and his children, including Mrs. Nguyen Tiet Nguyet H, Mrs. Nguyen Tiet Nguyet T, Mr. Nguyen Tiet V and Mrs. Nguyen Tiet Nguyet D (Nguyet-D Tiet Nguyen) (Mrs. D is residing in USA).

The area of the land plot on which the house is located is 49,7m2 and is smaller than that specified in the definitive purchase agreement because, when he was still alive, Mr. Q and the owner of the opposite house have agreed to use a part of the land area (about 20m2) as the shared lane between two houses. Current conditions of the land plot are described in the current condition & location map and house drawing dated May 12, 2016 of the Survey and Mapping Center affiliated to Department of Natural Resources and Environment of Ho Chi Minh City. Now, current conditions of house and land are kept unchanged. Mrs. P confirms that she only requests the Court to make judgment on division of inheritance which is house and land described in the current condition & location map and house drawing dated May 12, 2016.

According to the valuation report No. 163.01/2019/CT-BDS dated March 31, 2019 of Thuong Tin Commercial Appraisal Joint Stock Company, the value of the house No. 212/30A, Street NN, Ward T, District 1, Ho Chi Minh City, is VND 6.547.000.000.

For the purposes of prompt termination of the case and facilitating the Court’s judgment in case of disagreement between the parties on the house’s value, Mrs. P requests the Court to make judgment on the following matters:

- Division of the inheritance left by Mr. Nguyen Van Q and Mrs. Tiet Thi L, which is the house No. 212/30A, Street NN, Ward T, District 1, Ho Chi Minh City, to their co-heirs as prescribed by laws. Mrs. Nguyen Tiet P claims 1/7 of the house's value which is determined at the specific time of judgment enforcement.

- Mrs. P withdraws her petition requesting Mr. Nguyen Minh M and Mr. Nguyen Tiet Minh Ho who are staying in the house No. 212/30A, Street NN, Ward T, District 1, Ho Chi Minh City, to return this house to her family.

According to the statement of opinions dated December 23, 2013, the defendant, Mrs. Nguyen Tiet H, stated:

She refuses the entire request of Mrs. Nguyen Tiet P with the following reasons:

- The house No. 212/30A, Street NN, Ward T, District 1, Ho Chi Minh City, is the property established and left by her parents. Her parents are Mr. Nguyen Van Q, deceased in 1985, and Mrs. Tiet Thi L, deceased in 1976. Thus, her parents died over 30 years ago. Now, Mrs. Nguyen Tiet P files a petition for inheritance which is the above-mentioned house while the prescriptive period for filing petition in this case as prescribed by laws has expired.

- She is the only one who has been managing, repairing, continuously using and fulfilling obligations regarding this house over the last 30 years since her parents passed away.

- She confirms that her parents have seven children. Some of them have soon left their family to earn their living, some of them have immigrated to foreign countries and the others did not live with parents although they have been living in Vietnam. Especially, Mrs. Nguyen Tiet P has illegally immigrated in the 1980s but failed. Mrs. H is the only one in charge of caring their parents. Because of her filial piety and responsibilities towards to her parents, in 1982, Mrs. H’s father has made a testament to leave the entire house to her. Then, the People's Committee of District 1, Ho Chi Minh City, has issued the License No. 83/GPUB dated February 09, 1983 certifying Mrs. H’s ownership of the house.

With the above reasons, Mrs. H requests the Court to issue a reasonable decision to protect her legitimate rights.

During the case resolution, persons with relevant rights and benefits, including Mr. Nguyen Tiet H2 and Mr. Nguyen Tiet H3, through their authorized representative, Mrs. Nguyen Thi Kim N, stated: Mr. H2 and Mr. H3 have unanimously agreed to the statement and petition of Mrs. P. According to the inheritance donation agreement dated June 04, 2013 of Mr. Nguyen Tiet H2 and the inheritance donation agreement dated October 28, 2013 of Mr. Nguyen Tiet H3, Mr. H2 and Mr. H3 have unanimously agreed to donate their shares of the inheritance which is the house No. 212/30A, Street NN, Ward T, District 1, Ho Chi Minh City, to Mrs. Nguyen Tiet P. When both of them died, Mrs. P shall entirely inherit their shares of the inheritance. They do not donate their shares of inheritance to anybody other than Mrs. P.

During the case resolution, the person with relevant rights and benefits, Mr. Nguyen Tiet Q, and persons inheriting procedural rights and obligations from Mr. Nguyen Tiet H4, including Mr./Mrs. Nguyen Thi N, Nguyen Tiet Nguyet H, Nguyen Tiet Nguyet T, Nguyen Tiet V, Nguyen Tiet Nguyet D (Nguyet-D Tiet Nguyen), through their authorized representative, Mrs. Nguyen Thi Kim N, stated: they have unanimously agreed to the statement and petition of Mrs. P.

During the case resolution, the persons with relevant rights and benefits, including Mr./Mrs. Nguyen Minh M and Nguyen Tiet Minh H, and persons inheriting procedural rights and obligations from Mrs. Nguyen Tiet H5, including Mr./Mrs. Le Van Khanh H, Le Van Thu O, Le Van Thu P and Le Van Thu N (Le, N Van Thu), have been lawfully summoned by the Court but all are absent from the trial without giving their statements.

According to the first-instance civil judgment No. 722/2019/DS-ST dated June 28, 2019, the People’s Court of Ho Chi Minh City has judged:

1/- The petition of Mrs. Nguyen Tiet P requesting Mr. Nguyen Minh M and Mr. Nguyen Tiet Minh H who are staying in the house No. 212/30A, Street NN, Ward T, District 1, Ho Chi Minh City, to return this house to her is suspended.

2/- The petition of the plaintiff, Mrs. Nguyen Tiet P, and the persons whose names appear hereunder are entitled to receive their shares of the inheritance which is the house No. 212/30A, Nguyen Van N Street, Tan D Ward, District 1, Ho Chi Minh City, when this house is sold and after having fully paid judgment enforcement fees. To be specific:

+ Mrs. Nguyen Tiet P shall receive 1/7 of the value of the house No. 212/30A, Street NN, Ward T, District 1, Ho Chi Minh City, determined at the time of judgment enforcement.
+ Mrs. Nguyen Tiet H shall receive 1/7 of the value of the said house determined at the time of judgment enforcement.

+ The following persons, including Le Van Khanh H, Le Van Thu O, Le Van Thu P, Le Van Thu N (Le, N Van Thu), shall receive 1/7 of the value of the said house determined at the time of judgment enforcement.
+ Mr. Nguyen Tiet Hong shall receive 1/7 of the value of the said house determined at the time of judgment enforcement.
+ The following persons, including Nguyen Thi N, Nguyen Tiet Nguyet H, Nguyen Tiet Nguyet T, Nguyen Tiet V and Nguyen Tiet Nguyet D (Nguyet-D Tiet Nguyen) shall receive 1/7 of the value of the said house determined at the time of judgment enforcement.
+ Mr. Nguyen Tiet H3 shall receive 1/7 of the value of the said house determined at the time of judgment enforcement.
+ Mr. Nguyen Tiet Q shall receive 1/7 of the value of the said house determined at the time of judgment enforcement.

3/- The following persons, including Nguyen Tiet P, Nguyen Tiet H1, (Nguyen Thi N, Nguyen Tiet Nguyet H, Nguyen Tiet Nguyet T, Nguyen Tiet V and Nguyen Tiet Nguyet D (Nguyet-D Tiet Nguyen)), Nguyen Tiet H1 and Nguyen Tiet Q, shall jointly make a payment of VND 50.000.000 (fifty million) to Mrs. Nguyen Tiet H for her management of the house No. 212/30A, Street NN, Ward T, District 1, Ho Chi Minh City.

Additionally, the Court’s judgment also contains decisions on appraisal costs, judicial entrustment service charges, and first-instance civil court fees, judgment enforcement, and rights to make appeal of the persons concerned.

On August 05, 2019, the defendant, Nguyen Tiet H, has made an appeal against the entire first-instance judgment. According to her appeal, Mrs. H has requested the Court to amend the first-instance judgment with 3 specific requests as follows: Recognize the validity of Mr. Q’s testament to divide a half of the house to Mrs. H and 1/7 of the second half of the house which is the share of the inheritance divided to Mrs. L; claim an amount of VND 300.000.000 for her management of the house and give her priority to buy the house when it is sold; apply for exemption from paying the court fees because she is an elderly person.

At the appellate court, the authorized representative of Mrs. H requests the court to cancel the first-instance judgment because it has been issued inconsistently with laws. To be specific: the owner of the shared lane failed to attending the trial because the land area of Mr./Mrs. Q and L is more than 60m2 instead of 44m2 as specified in the drawing and survey report; the People's Committee of the relevant district failed to participate in the proceedings; the validity of the testament could not be verified; Mrs. H’s management of the house was not put into due consideration; the appraisal result is invalid because of the absence of Mrs. H during the appraisal.   In case the Trial Panel refuses to accept the petition for judgment cancellation, the court is requested to accept Mrs. H’s requests specified in the appeal.

The authorized representative of the plaintiff and persons with relevant rights and benefits who are co-heirs in the case request the Court to keep the first-instance judgment unchanged because the testament presented by Mrs. H is invalid and Mrs. H has kicked her siblings out of the house and appropriated the house for her personal use. Her siblings must live in leased houses while Mrs. H and her husband still have another house for rent. With regard to the shared lane mentioned by the defendant at the trial, when Mr. Q was still alive, he has reached an agreement with the owner of the opposite house on such shared lane which has been stably used for a long term. Thus, the inheritance should be determined according to current conditions of the house which has been actually surveyed and appraised.

Opinions given by the representative of the Procuracy: regarding the court procedures, both first-instance and appellate courts have strictly complied with regulations; regarding contents of the case, according to the documentary evidences collected during the case resolution and statements of the persons concerned, the first-instance judgment is well-grounded and lawful; regarding the defendant’s rights to make appeal, the Trial Panel is requested, pursuant to Clause 2 Article 308 of the Code of Civil Procedures, to amend the first-instance judgment with a view to accepting the request for consideration of management fee paid to Mrs. H because the management fee of VND 50.000.000 is not rational and suitable for the value of the inheritance. According to the precedent No. 05/2016/AL, a share of the inheritance should be divided to Mrs. H as remuneration for her management of the house before dividing the inheritance to other co-heirs. Additionally, Mrs. Hanh should be granted exemption from paying the court fee because she is an elderly person.

JUDGMENT OF THE COURT 

Based on the contents of the case, documents in the case file which have been examined and argued at the trial, the trial panel finds that:

[1] Regarding the court procedures:  During the proceedings, the first-instance court has complied with regulations when determining the status of persons attending the lawsuit, disclosure of evidences, conciliation procedures and appraisal of the property in dispute.

However, the firs-instance court has failed to comply with regulations on the case resolution time limit, appeal time limit, failed to issue a decision on change of Judge and the Court Clerk, failed to issue a decision to continue handling the case after the reason for suspension of the case which is violation against the code of civil procedures has been clarified, and thus caused the case prolonged without legitimate reasons. The nature of the case is not affected by these violations which are specified herein for experience-learning purpose.

The first-instance court has suspended its judgment on the part of the  petition which has been withdrawn by the plaintiff during the case handling process. The court's action is deemed to comply with Article 5 and Article 244 of the Code of Civil Procedures.

The first-instance court’s refusal to the complaint submitted by the defendant’s authorized representative about appraisal procedures is well-grounded because the appraisal procedures have been conducted in accordance with regulations for use as the basis for calculation of the court fees. Additionally, the plaintiff also requests the court to divide the inheritance at the time of judgment enforcement. Thus, there is no mistakes during the conduct of these procedures.

[2] Regarding contents of the case:

The plaintiff has petitioned for division of the inheritance left by the parents of the persons concerned but the petition has been refused by the defendant. Thus, the first-instance court has determined the legal relationship in the case is the inheritance dispute and the case falls under the jurisdiction of the People’s Court of Ho Chi Minh City in accordance with regulations.

Regarding the prescriptive period:  Mrs. Tiet Thi L died in 1976, Mr. Nguyen Van Q died in 1985, and the plaintiff has submitted a petition on November 23, 2012 which is still within the prescriptive period.

Based on the –petition, collected documentary evidences, statements provided by the persons concerned and actual verification results, the first-instance judgment has determined legal relationship, degrees of consanguinity, inheritance and detailed judgments in conformity with the civil procedures and current conditions of the house and land in dispute. The complaint filed by the authorized representative of the defendant about the house area and lack of persons participating in the lawsuit is ungrounded.  

Based  on the collected evidences about the use of the property in dispute, it is well-grounded to determine that the property in dispute is established and used by Mr. Nguyen Van Q and Mrs. Tiet Thi L until they passed away.  Mrs. Nguyen Tiet H lived with Mr. Q and Mrs. L, and has been directly managing and using the property. Her husband and son are Mr. Nguyen Minh M and Mr. Nguyen Tiet Minh H. The evidences submitted by Mrs. Hanh on her parents’ donation of the property to her are implausible.   Mrs. H’s family also has another house for living. Thus, the division of the inheritance left by Mr. Q and Mrs. L to their heirs, determination that each co-heir shall be entitled to 1/7 of the value of the house when it is sold at the time of judgment enforcement, and acknowledgement of voluntary payment of VND 50.000.000 by the co-heirs to Mrs. Hanh for her management of the house specified in the first-instance judgment are conformable with laws.

Hence, the first-instance court has reasonable grounds for accepting the plaintiff's petition.

The first-instance court’s decisions on procedural costs and court fees have been issued in accordance with laws.

[3] Regarding the appeal:

Whereas, the defendant has filed an appeal against the entire judgment and at the appellate trial, the authorized representative of the defendant has requested the court to cancel the first-instance judgment because it has been issued against the code of civil procedures but failed to provide any new evidences thereon. According to the stated analysis, the disputed matters between the persons concerned have been adequately, exactly and lawfully handled by the first-instance court. Thus, there are no grounds for accepting Mrs. H’s appeal in which she requests the court to divide the inheritance according to her father’s testament under which she is entitled to a half of the house’s value and 1/7 of the value of the second half of the house, and give her the priority to buy the house.

There are no grounds for accepting the request for cancellation of the first-instance judgment of Mrs. H’s authorized representative.

The Trial Panel finds that there is well-grounded for accepting the contents of the appeal concerning the court fees and remuneration for Mrs. H’s management of the inheritance because Mrs. H is above 60 years of age and the remuneration for Mrs. H’s management of the inheritance decided in the first-instance judgment is not suitable for the inheritance’s value and her management period. According to the Precedent No. 05/2016/AL, in which only the payment for inheritance management is mentioned without a specific amount, the Trial Panel accepts to increase the payment amount to VND 300.000.000 as requested by Mrs. H without considering the inheritance's value as requested by the Procuracy’s representative.

[4] After the first-instance trial, Mr. Nguyen Minh M died on July 10, 2020 (according to the Death Certificate No. 581/TLKT-BS dated July 13, 2020 of the People’s Committee of Ward T). According to certification given by the Police Agency of Ward T, District 1, only Mrs. Nguyen Tiet H and Mr. Nguyen Tiet Minh H are living in the house No. 212/30A, Street NN, Ward T, District 1, Ho Chi Minh City. Thus, Mrs. H and Mr. H are required to return the house at the time of judgment enforcement.

[5] Mrs. Nguyen Tiet H is exempt from paying the appellate court fees because she is an elderly person. For the said reasons;

THE COURT DECIDES

Pursuant to Clause 2 Article 308 and Article 309 of the Code of Civil Procedures;

1. To accept a part of the appeal filed by the defendant, Mrs. Nguyen Tiet H, and amend a part of the first-instance judgment No. 722/2019/DS-ST dated June 28, 2019 of the People’s Court of Ho Chi Minh City.

Pursuant to:

Articles 26, 34, 68, 157, 164, 200, 227, 228, 266, 273 of the Code of Civil Procedures; Articles 158, 163, 164, 175  of the Civil Code in 2015; Articles 97, 106 of the Land Law in 2013, and the Resolution No. 326/2016/UBTVQH14 dated December 30, 2016 of the Standing Committee of National Assembly prescribing court fees and charges, collection, exemption, reduction, transfer, management and use thereof.

Judged:

- The petition of Mrs. Nguyen Tiet P requesting Mr. Nguyen Minh M and Mr. Nguyen Tiet Minh H who are staying in the house No. 212/30A, Street NN, Ward T, District 1, Ho Chi Minh City, to return this house to her is suspended.

- The petition of the plaintiff, Mrs. Nguyen Tiet P, and the persons whose names appear hereunder are entitled to receive their shares of the inheritance which is the house No. 212/30A, Street NN, Ward T, District 1, Ho Chi Minh City, when this house is liquidated and after having fully paid judgment enforcement fees. To be specific:

+ Mrs. Nguyen Tiet P shall receive 1/7 of the value of the house No. 212/30A, Street NN, Ward T, District 1, Ho Chi Minh City, determined at the time of judgment enforcement.

+ Mrs. Nguyen Tiet H shall receive 1/7 of the value of the said house determined at the time of judgment enforcement.

+ The following persons, including Le Van Khanh H, Le Van Thu O, Le Van Thu P, Le Van Thu N (Le, N Van Thu), shall receive 1/7 of the value of the said house determined at the time of judgment enforcement.

+ Mrs. Nguyen Tiet H shall receive 1/7 of the value of the said house determined at the time of judgment enforcement.

+ The following persons, including Nguyen Thi N, Nguyen Tiet Nguyet H, Nguyen Tiet Nguyet T, Nguyen Tiet V and Nguyen Tiet Nguyet D (Nguyet-D Tiet Nguyen) shall receive 1/7 of the value of the said house determined at the time of judgment enforcement.

+ Mrs. Nguyen Tiet H3 shall receive 1/7 of the value of the said house determined at the time of judgment enforcement.

+ Mrs. Nguyen Tiet Q shall receive 1/7 of the value of the said house determined at the time of judgment enforcement.

- The following persons, including Nguyen Tiet P, Nguyen Tiet H3, (Nguyen Thi N, Nguyen Tiet Nguyet H, Nguyen Tiet Nguyet T, Nguyen Tiet V and Nguyen Tiet Nguyet D (Nguyet-D Tiet Nguyen)), Nguyen Tiet H2 and Nguyen Tiet Q, shall jointly make a payment of VND 300.000.000 (three hundred million) to Mrs. Nguyen Tiet H for her management of the inheritance.

- Mrs. Nguyen Tiet H and Mr. Nguyen Tiet Minh H are forced to return the house No. 212/30A, Street NN, Ward T, District 1, Ho Chi Minh City, at the time of judgment enforcement.

2. Mrs. Nguyen Tiet H is exempt from paying the first-instance and appellate civil court fees; the amount of VND 300.000 paid under receipt No. 0024332 dated August 27, 2019 of the Civil Judgment Enforcement Division of Ho Chi Minh City shall be returned to Mrs. H.

3. Other decisions specified in the first-instance judgment against which there is no appeal shall take legal effect from the end of the prescribed appeal time limit.

In case the judgment or decision is enforced according to Article 2 of the Law on civil judgment enforcement, the judgment creditor and the judgment debtor are lawfully allowed to reach an agreement on judgment enforcement, request judgment enforcement, be subject to voluntary execution or coercive judgment enforcement in compliance with regulations in Articles 6, 7 and 9 of the Law on civil judgment enforcement, and the effective period of judgment enforcement shall comply within provisions in Article 30 of the Law on civil judgment enforcement.

The judgment of the appellate court comes into force from the date on which it is pronounced


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Judgment no. 222/2021/DSPT dated 27/04/2021 on Inheritance Dispute 

Số hiệu:222/2021/DSPT
Cấp xét xử:Phúc thẩm
Agency issued: Tòa án nhân dân cấp cao
Field:Dân sự
Date issued: 27/04/2021
Is the source of Legal precedent
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