Dear lawyer, I would like to ask: I want advice on land transfer rights. The family has 5 people: parents and 3 children. But my father passed away, and before he passed away, he did not leave a will or anything related to property transfer.

So in this case, who is the beneficiary of the real estate red book? Does the mother have the right to enjoy it and have it in her name if she borrows money from the bank? If their family wants to borrow money from the bank, how should they go about transferring it in the fastest time?

Thank you lawyer!

Reply:

According to the data you provided, the father passed away and did not leave a will, but you did not specify when this father passed away, so we will discuss with you as follows:

Article 623,Civil Code 2015 regulations:

Article 623. Statute of inheritance

1. The statute of limitations for an heir to request division of the estate is 30 years for real estate, 10 years for movable property, from the time of opening the inheritance. At the end of this period, the estate belongs to the heir who is managing that estate. In case there is no heir managing the estate, the estate will be resolved as follows:

a) The property belongs to the current possessor as prescribed in Article 236 of this Code;

b) Heritage belongs to the State, if there is no possessor specified in Point a of this Clause.

2. The statute of limitations for an heir to request confirmation of his or her inheritance rights or rejection of another person's inheritance rights is 10 years from the time of opening the inheritance.

3. The statute of limitations for requiring heirs to fulfill obligations regarding the property left by the deceased is 3 years from the time of opening the inheritance.

So:

- If the statute of limitations for filing a lawsuit to request division of the estate still remains:

According to the law, the inheritance left by the father will be divided according to the law and to the first-line heirs, specifically Point a, Clause 1, Article 650 and Article 651 of the 2015 Civil Code. regulations:

"Article 650. Cases of inheritance according to law

1. Inheritance according to law applies in the following cases:

a) There is no will;...

Article 651. Heirs at law

1. The heirs at law are specified in the following order:

a) The first line of inheritance includes: wife, husband, biological father, biological mother, adoptive father, adoptive mother, biological children, and adopted children of the deceased;

b) The second line of inheritance includes: grandfather, grandmother, maternal grandfather, maternal grandmother, biological brother, biological sister, younger sibling of the deceased; grandchildren of the deceased and the deceased is a grandfather, grandmother, maternal grandfather, maternal grandmother;

c) The third line of inheritance includes: paternal and maternal great-grandparents of the deceased; paternal uncle, paternal uncle, paternal uncle, paternal aunt, paternal aunt of the deceased; nephew of the deceased and the deceased is a paternal uncle, maternal uncle, paternal aunt, maternal great-grandchild.

2. Heirs of the same line are entitled to equal shares of the inheritance.

3. Those in the next line of inheritance are only entitled to inheritance, if there is no one left in the previous line of inheritance due to death, no right to inherit, disqualification from inheritance or refusal to receive inheritance."

- If the statute of limitations for filing a lawsuit to request division of the estate no longer exists:

Point 2.4 Section IResolution 02/2004/NQ-HDTP regulations:

"2.4. The statute of limitations for filing a lawsuit regarding inheritance rights does not apply

a. In cases where within ten years from the time of opening the inheritance, the co-heirs have no dispute over inheritance rights and have a document confirming that they are co-heirs, or after the end of the ten-year period, the co-heirs The co-heirs have no dispute over the line of inheritance and both recognize that the inheritance left by the deceased has not been divided, but that inheritance will become the common property of the heirs. When there is a dispute and the Court is requested to resolve it, the statute of limitations for initiating a lawsuit regarding inheritance rights does not apply, but the provisions of law on division of common property must be applied to resolve it and the following distinctions should be made:

a.1. In case there is a will and the co-heirs have no disputes and agree that the division of assets will be carried out according to the will when there is a need to divide assets, then the division of common assets will be carried out according to the will.

a.2. In case there is no will and the co-heirs agree on the portion each person will receive when there is a need to divide the property, the division of that common property will be carried out according to their agreement.

a.3. In case there is no will and the co-heirs do not have an agreement on the portion each person is entitled to when there is a need to divide property, then the division of common property shall be carried out in accordance with the law on division of common property. .

b. In cases where the deceased leaves an inheritance to the heirs, but the heirs do not directly manage and use it, but the inheritance is illegally possessed by someone else or rented, borrowed, or managed under authorization... Then the heirs have the right to sue that other person to reclaim the inheritance."

Thus, according to the above analysis, the co-heirs in the first line of inheritance are those who enjoy the inheritance left by the father. If the family needs a bank loan, it must have the consent of all the above co-heirs. However, if the co-heirs have other agreements or have a written refusal to accept the inheritance and leave this property to the mother, the mother will have the right to use this land. And when the mother has the right to use this land, she has the complete right to carry out bank loan procedures without needing the consent of the above co-heirs.