09/07/2022 09:47

Disputes to reclaim land when asking others to name on the red book and 05 related judgments in Vietnam

Disputes to reclaim land when asking others to name on the red book and 05 related judgments in Vietnam

The land is always a valuable asset, even the property of a person's life. Therefore, disputes related to land are also more and more diverse. At present, disputes caused by having a person's name on the Certificates of land use rights are on the rise, especially between foreigners or Vietnamese residing abroad and people living in the country.

Asking someone to name on the Certificates of land use rights is extremely risky. On the legal basis of Vietnam, a person's name on the land use right certificate is the basis for determining that person is the owner of the land. Therefore, when the person in his name refuses to cooperate, it is very difficult to reclaim the land, or even lose it without any proof.

The following is a summary of 05 judgments on reclaiming property as land use rights in your name in Vietnam, please read for reference:

1. Judgment 803/2019/DS-PT dated September 12, 2019 on claiming property

- Level of trial: Appellate

- Judicial body: People's Court of Ho Chi Minh City

- Summary of the case: "Mrs. Dinh Thi Ha T bought some real estate, but because she is not often present in Vietnam, she asked Mr. Nguyen Cong T2 to name some properties... August 2nd/ In 2008, the defendant wrote a written confirmation of the plaintiff's name on 04 properties mentioned above. After that, the plaintiff repeatedly asked the defendant to transfer the ownership of the properties in his name but the defendant did not do so.

- Court's decision: Accepting a part of the petition: Recognizing the agreement on behalf of the plaintiff and the defendant; the defendant is responsible for refunding the amount of VND 626,451,000 to the plaintiff to terminate the defendant's obligations under the agreement on behalf of the defendant; Recognition of the land in parcel 551 belonging to the plaintiff's use right.

2. Judgment 11/2018/DS-ST dated 24/07/2018 on the dispute to reclaim the inheritance

- Level of trial: First instance

- Judicial body: People's Court of Ngu Hanh Son district, Da Nang city

- Summary of the case: At the time, when completing the compensation clearance procedures, the plaintiff, Mr. D, was away on business and was not at home. His mother, Mrs. Nguyen Thi Tr, asked Mr. Nguyen C5 to stand in the name of a house on the above-mentioned land area to settle compensation policies. Mr. D then said Mr. C5 wrote a paper confirming that he was only in the name of Mrs. Nguyen Thi Tr's real estate, signed by the witness. After Ms. Tr and Mr. C5 died, the plaintiff asked Mr. C5's children to return the land received under the application in his/her name. Nguyen C5's children, including 12 people, all agreed to return the land except Mrs. Nguyen Thi. A and Ms. Nguyen Thi B disagree. Therefore, the plaintiff filed a lawsuit asking Ms. A and Ms. B and related persons to return the land and assets attached to the land that Mr. C5 had in the name of the plaintiff.

- Court's decision: Accepting the petition of Mr. Doan Van D.

3. Judgment on disputes over house ownership and land use rights No. 101/2020/DS-PT

- Level of trial: Appellate

- Judicial body: High People's Court in Ho Chi Minh City

- Summary of the case: Mrs. D is a Vietnamese residing in Switzerland. Ms. D and her husband, Nguyen Van Tr, asked Mr. and Mrs. Tran Van Ch (Mrs. D's younger brother) and Mrs. Duong Thi U to name the properties, which are houses and land, with certificates of ownership in their names. Now Ms. D asks Ms. Duong Thi U and Mr. Tran Van Th to return the above-mentioned properties.

- Court's decision: Accepting the petition of Ms. Tran Thi D

4. Judgment 20/2020/DS-ST dated 22/07/2020 on land use right dispute and request for cancellation of land use right certificate

- Level of trial: First instance

- Judicial body: People's Court of Kien Giang province

- Summary of the case: In 2007 Ms. M received the transfer of the land with an area of ​​8,700m2 and the unlicensed outside land located at plot 9 and asked Mr. Pham Hoang Q to stand in his name for later return. Vietnam has accommodation. After the land transfer agreement, Mrs. M spent money to hire someone to look after the land and take care of the trees. Mr. Q and Mrs. N do not have any effort for this land. The two parties have made an "agreement and commitment" with the content clearly stating that the land parcel Ms. M paid for the transfer and asked Mr. to sell, move, rent or mortgage anything. Now, Ms. M is suing to ask the Court to force Mr. Pham Hoang Q and Mrs. Dam Thi My N to return all land use rights to Ms. M in accordance with the original status.

- Court's decision: Accepting part of the petition of plaintiff Ms. Ngo Thi M

5. Judgment 57/2020/DS-PT dated May 18, 2020 on the charge of disputes over the value of land use rights

- Level of trial: Appellate

- Judicial body: People's Court of An Giang province

- Summary of the case: In 2000, the plaintiff was Mr. and Mrs. B, Mrs. Kh had asked Mr. and Mrs. Phan Van D and Mrs. Truong Thi M to buy an area of ​​7,128m2 of agricultural land and for Mr. D and Mrs. My. Borrowing for farming (having made a land loan on April 30, 2000) and agreeing to let Mr. D, Mrs. My stand in the name of the certificate of land use rights. Later, when I reclaimed it, I learned that Mr. D and Mrs. My had transferred the names of their children to Phan Kim L and Nguyen Van H. Now Mr. B and Mrs. Kh asked Mr. D, Mrs. My and Ms. L, and Mr. H to pay the value of land-use rights for Mr. B

- Court's decision: Compelling Mr. Phan Van D, Ms. Truong Thi M, Mr. Nguyen Van H, and Ms. Phan Kim L to be jointly obliged to pay the value of land use rights to Mr. Diep Vinh B and Ms. Truong Thi Kh.

Phuong Uyen
69


Please Login to be able to download
Login
Register

  • Address: 17 Nguyen Gia Thieu, Vo Thi Sau Ward, District 3, Ho Chi Minh City
    Phone: (028) 7302 2286 (6 lines)
    E-mail: info@lawnet.vn
Parent company: THU VIEN PHAP LUAT Ltd
Editorial Director: Mr. Bui Tuong Vu - Tel. (028) 7302 2286
P.702A , Centre Point, 106 Nguyen Van Troi, Ward 8, Phu Nhuan District, HCM City;