Advisory on the Case of Forging House Documents for Asset Appropriation

My parents have passed away and left a house for me and my two siblings for worship purposes. Using the pretext of applying for house repair procedures, my younger brother deceived everyone into signing a document he had prepared to apply for a house repair permit. Later on, he somehow managed to outsmart everyone, who, not understanding the law, followed his arrangements, and he now holds the land-use certificate in his name only. In this case, what can be done to prevent my sibling from selling the house?

According to the Civil Code 2015, when your parents pass away and leave a property such as a house to all three siblings, it is considered common property among all three. Any decision-making regarding the property must involve the consent of all co-owners.

In this case, as you have stated, your sibling deceived the other siblings into signing paperwork for repair and construction but bypassed everyone in the family to hold the certificate solely in their name. Therefore, you need to approach the land registration office where the land is located to understand the reason why your sibling was issued the certificate. If you disagree, you can file a complaint with the person who issued the decision to issue the certificate.

If you have sufficient evidence to prove that your sibling committed fraudulent acts to appropriate property, you can report to the police. Your sibling may be prosecuted under Article 174 of the Criminal Code 2015:

Anyone who uses deceitful means to appropriate another's property valued from 2,000,000 VND to under 50,000,000 VND, or under 2,000,000 VND but falls under any of the following cases, shall be subject to non-custodial reform of up to 3 years or imprisonment from 6 months to 3 years:

a) Previously sanctioned for an administrative violation for property appropriation but continues to violate;

b) Previously convicted of this crime or one of the offenses specified in Articles 168, 169, 170, 171, 172, 173, 175, and 290 of this Code, whose criminal record has not been expunged, but continues to violate;

c) Causing adverse effects on security, order, or social safety;

d) The property is the main source of livelihood for the victim and their family.

The above is the advisory content regarding the case of forging documents to appropriate property.

Sincerely!

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