The following article will answer the question in which case parents selling land need a child's signature, which case does not need a child's signature?
Article table of contents
Do parents selling land need their child's signature? (Illustration)
1. In which case a parent selling land needs a child's signature?
Pursuant to Clause 1, Article 64 of Decree 43/2014/ND-CP stipulating contracts and transaction documents on land use rights and ownership of land-attached assets as follows:
Contracts and transaction documents on land use rights and ownership of land-attached assets of the household must be signed by the person named on the Certificate or an authorized person in accordance with the civil law. Name.
At the same time, in Clause 5, Article 14 of Circular 02/2015/TT-BTNMT clearly states:
The person named on the Certificate or authorized person according to the provisions of civil law as prescribed in Clause 1, Article 64 of Decree 43/2014/ND-CP may only sign contracts, delivery documents. translation of land use rights and ownership of land-attached assets when it has been agreed in writing by members of the land-using household and that document has been notarized or authenticated according to the provisions of law. the law.
Thus, if the land use right certificate bears the name "Mr./Mrs. Household", that land use right is jointly owned by all members of the household including parents and children. Therefore, in this case, when the parents sell the land, there must be written consent and signatures of the children who are members of the household using the land, and the written consent must be notarized or certified. real.
In case the household has a minor member, or has lost the civil act capacity, the guardian's written consent is required as prescribed at point c, clause 1, Article 58 of the 2015 Civil Code .
However, it should be noted that the determination of being a member of a household with the same land use rights needs to meet 02 conditions in Clause 29, Article 3 of the 2013 Land Law , specifically:
- Being a person who has a marriage, blood or raised relationship in accordance with the law on marriage and family;
- Being living together and having common land use rights at the time of land allocation, land lease or recognition of land use rights by the State; transfer of land use rights.
Thus, in case a child is born after the time when the State allocates or leases land, recognizes the land use right; If the child receives the transfer of land use right, even if the land is allocated to a household, the child does not have the right to use the common land.
2. In which case parents sell land without the child's signature?
Except for the case of sale of land by the household mentioned in Section 1, in the remaining cases, the parents sell the land without the signatures of the children, whether it is common property or separate property of husband or wife.
For example, for land acquired by husband and wife after marriage as common property of husband and wife, the sale of such land must be agreed in writing by the husband and wife without the signature of the children (according to Clause 1 of this Article). Article 33, Clause 2, Article 35 of the Law on Marriage and Family 2014 ).
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