THE RIGHT TO RECLAIM THE DONATED PROPERTY

My grandfather gave me a land plot, and I was the transferee on the Certificate of land use rights. But my father built a house on my land plot, and he bought another piece of land next to it, then he sent me away. I would like to ask if I can get back the ownership of the land left by my grandfather or not. And if the father drives his child away, is the child entitled to inherit or divide the estate?

FDVN’s opinions:

1. Pursuant to Clause 16 Article 3 of the Land Law 2013: “Certificate of land use rights and ownership of houses and other land-attached assets is a legal certificate in which the State certifies the lawful land use rights and ownership of houses and land attached assets of the person who have land use rights and ownership of houses and land-attached assets.”

Accordingly, you are the transferee on the Certificate of land use rights and ownership of houses and other land-attached assets, so you have the land use rights and the ownership of the land given by your grandfather.

Article 12 of the Land Law 2013, providing one of the prohibited acts is to obstruct or cause difficulties to the exercise of the rights of land users as prescribed by law. Your father kicked you out of the house and built a house on your land plot undersigned by you, so your father is infringing on your lawful rights and interests. Accordingly, applying provisions prescribed in Article 164 of the Civil Law 2015, you have the right to protect yourself and prevent any person from infringing your lawful rights by applying measures that are not contrary to the provisions of law.

2. In the worst situation, when you protect the ownership of the donated land, it can arise disputes between your father and you. At that time, your father can leave a will that does not allow you to inherit his estate.

If the inheritance is later carried out in accordance with the law as prescribed in Article 610 of the Civil Code 2015: “All natural persons are equal with respect to rights to bequeath their property to others and to inherit estates under wills or in accordance with the law”.

In addition, Article 621 of the Civil Code 2015 provides the following persons are not entitled to inherit, as follows:

1. Persons convicted of having intentionally caused the death of or harmed the health of the deceased, of having seriously mistreated or tortured the deceased, or of having harmed the honor or dignity of the deceased;
2. Persons have seriously breached their duty to support the deceased.
3. Persons convicted of having intentionally caused the death of another heir in order to obtain all or part of the entitlement of such other heir to the estate;
4. Persons deceiving, coercing or obstructing the deceased with respect to the making of the will, or forging, altering, or destroying the will in order to obtain all or part of the estate contrary to the wishes of the deceased.

Therefore, if you do not fall into one of the cases that “are not entitled to inherit” under the provision above, you still have the right to inherit the estate equally as other people even you are evicted from the house.

Above is FDVN LAW FIRM’s opinion for your consulting requests based on studying the relevant legal provisions. Hopefully, FDVN’s advice would be helpful to you.

Nguyễn Thị Hải Nhi – FDVN Law Firm

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