Can land without a red book be inherited?

According to Point 1.3, Clause 1, Section II, Resolution 02/2004/NQ-HDTP stipulates:

In cases where the deceased left the right to use land without having one of the types of papers on land use rights as prescribed but has an estate of houses or other structures attached to that land and has a request to divide the inheritance, it is necessary to distinguish the following cases:

- In the case where the involved party has a document from the competent People's Committee confirming that the use of the land is legal but has not yet issued the land use right certificate, the Court shall resolve the request to divide the estate as an asset attached to the right to use that land and the right to use that land.

- In the case where the involved party does not have a document from the competent People's Committee confirming the legality of the land use, but has a document from the competent People's Committee stating clearly that the use of that land does not violate the planning and can be considered for land use rights allocation, the Court shall resolve the request to divide the estate as an asset attached to the right to use the land. At the same time, it must determine the boundaries and temporarily allocate the right to use the land to the involved party for the competent People's Committee to proceed with the procedures for land use rights allocation and grant the land use right certificate to the involved party in accordance with land law.

- In the case where the competent People's Committee has a document clearly stating that the use of that land is illegal, and the estate is an asset attached to the right to use that land is not allowed to exist on that land, the Court shall only resolve disputes over the estate as assets on that land.

Case 1: The land use rights that your grandparents left have a document from the competent People's Committee confirming either the legality of the use or no document confirming the legal use but do not violate the planning and can be considered for land use rights allocation.

=> The Court shall resolve the request to divide the estate as an asset attached to the right to use the land and that land use right.

Moreover, according to Clause 1, Article 651 of the 2015 Civil Code, the inheritance ranks are prescribed as follows:

- The first rank of inheritors includes: spouses, biological parents, adoptive parents, biological children, and adopted children of the deceased;

- The second rank of inheritors includes: paternal grandparents, maternal grandparents, full siblings, and half-siblings of the deceased; biological grandchildren of the deceased whose parent (the child of the deceased) is also deceased;

- The third rank of inheritors includes: paternal great-grandparents, maternal great-grandparents of the deceased; uncles, aunts, and other relatives of the deceased as prescribed by law.

Therefore, according to the information provided by you, your aunt - the daughter of your grandfather, will inherit the estate as stipulated by law.

Case 2: The competent People's Committee has a document clearly stating that the use of the land is illegal, and the estate as property attached to the land use right is not allowed to exist on that land; the land use rights that your grandparents left do not have a document from the competent People's Committee confirming its legality.

=> The estate will not be recognized under the law.

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