Can the Daughter-in-Law Refuse to Accept the Land Use Rights Gifted by Her Father-in-Law?
Can a daughter-in-law refuse to accept a gift of land use rights from her father-in-law?
Based on Article 459 of the Civil Code 2015 on the gifting of real estate, it is stipulated as follows:
The gifting of real estate must be made in writing and notarized, certified, or registered if the real estate is required to be registered under the law.
A real estate gifting contract becomes effective from the time of registration; if the real estate is not required to be registered for ownership, the contract is effective from the time the property is transferred.
Your father-in-law has notarized the contract for the gift of land use rights at the Notary Office, but this does not immediately make the gift transaction effective. To receive the property, you need to complete the owner registration procedures, which means registering the change, and transferring the title from your father-in-law to you at the Land Registration Office where the parcel is located. Conversely, if you do not complete this procedure, the transaction will not take effect, and the parcel will remain under the legal ownership of your father-in-law.
In fact, to avoid disputes arising in the future, the recipient who wishes to refuse the gift should inform the giver either verbally or in writing. This is to prevent the situation where the giver is unaware that the recipient has refused the gift, leading to the parcel being unmanaged and unused, thus wasting land resources.
Gift Contract for Property
Based on Article 457 of the above-mentioned Code on gift contracts for property, it is stipulated as follows:
A gift contract for property is an agreement between the parties, whereby the donor transfers their property and ownership rights to the donee without requiring compensation, and the donee agrees to receive it.
Sincerely!
