How to divide inheritance of donated land?

“
My father passed away in 1980. In 1987, I got married and my mother gave me a piece of land with an area of 200 m2. My husband and I used and cultivated that land.
In 1988, my husband and I built a house. In 2006, the government issued a Land Use Rights Certificate (red book) in my name.
In 2021, my siblings and I filed a lawsuit to request inheritance division of the 200m2 plot of land because we believed it was the legacy left by my father.
I want to ask: Is the "red book" issued by the local authority legal? Do my siblings have the right to claim inheritance for the 200 m2 plot of land?
(Le Thi Tuyet Mai, Chuong My, Hanoi ).

Regarding your question, the Law Office advises as follows:

First, consider the legal status of the 200 m2 land you are using, and see that: The 200 m2 land that your mother gave you has been used stably and continuously by you and your husband; along with that, the property attached to the land is the house built in 1988.

In 2006, you were granted a Land Use Rights Certificate (LURC). The house was built before the local authority granted the LURC. Thus, the competent authority may have simultaneously established the right to use the 200 m2 plot of land and ownership of your house.

According to the provisions of the Land Law, the concept of Certificate of land use rights, house ownership rights and other assets attached to land is understood as: Certificate of land use rights, house ownership rights and other assets attached to land.

This is a legal document for the State to confirm the legal land use rights, house ownership rights, and other assets attached to the land of the person with land use rights, house ownership rights, and ownership rights of other assets attached to the land.

Through the Land Use Rights Certificate, the State has confirmed that you can exercise your rights and benefits with the 200 m2 land plot and the house built on the land. The Land Use Rights Certificate is an important legal basis, evidence proving your land use rights and house ownership.

In addition, evidence proving the legality of your land use rights and house ownership is also shown through your honest and proactive use of the 200 m2 land plot; there were no disputes during the land use and house ownership process until before 2020; the land use rights certificate and property attached to the land have been legally issued by the local authority.

Decree 43/2014/ND-CP provides guidance on the basis for determining stable land use as follows:

Article 21. Basis for determining stable land use:

1. Stable land use is the continuous use of land for a certain main purpose from the time of commencement of land use for that purpose to the time of issuance of the Certificate of land use rights, house ownership rights and other assets attached to land or to the time of decision to reclaim land by competent state agencies in cases where the Certificate of land use rights, Certificate of house ownership rights and land use rights, Certificate of land use rights, house ownership rights and other assets attached to land has not been issued (hereinafter referred to as the Certificate).

2. The time of commencement of stable land use is determined based on the time and content related to the land use purpose recorded in one of the following documents:

a) Receipt of payment of agricultural land use tax and real estate tax;

b) Minutes or decisions on administrative sanctions for violations in land use, minutes or decisions on administrative sanctions for violations in construction of works attached to land;

c) Decision or judgment of the People's Court that has come into force, decision to enforce judgment of the Enforcement agency that has been enforced regarding property attached to land;

d) Decision on land dispute settlement by a competent state agency that has come into force; minutes of land dispute conciliation signed by the parties and confirmed by a representative of the People's Committee of the commune where the land is located;

d) Decision to resolve complaints and denunciations of competent state agencies related to land use;

e) Documents on permanent or long-term temporary residence registration at the house attached to the land; Identity card or birth certificate, documents on payment of electricity, water and other payments with the house address at the registered land plot;

g) Documents on the assignment, allocation, and granting of houses or land by agencies and organizations assigned by the State to manage and use land;

h) Documents on the sale and purchase of houses and other assets attached to land or documents on the sale and purchase of land and transfer of land use rights with the signatures of the relevant parties;

i) Maps, inventory books, investigation and measurement documents on land over time;

k) House and land registration declaration certified by the People's Committee at the commune level at the time of registration declaration.

3. In case the time of land use shown on the documents specified in Clause 2 of this Article is inconsistent, the time of commencement of stable land use shall be determined according to the document with the earliest date of land use.

4. In case there is no document specified in Clause 2 of this Article or the document does not clearly state the time of document establishment and the purpose of land use, there must be confirmation from the People's Committee at the commune level on the time of commencement of land use and the purpose of land use based on collecting opinions of people who used to reside at the same time as the person requesting confirmation started using the land in the residential area (village, village, hamlet, village, village, village, phum, soc, residential group) where the land is located.

In case of filing a lawsuit to divide the inheritance, if the co-plaintiffs are your siblings, the court will still accept the case. However, during the process of considering and resolving the case, you can request the application of the statute of limitations for opening the inheritance. The 2015 Civil Code stipulates the statute of limitations:

Article 623. Inheritance statute of limitations:

1. The statute of limitations for an heir to request division of an inheritance is 30 years for real estate and 10 years for personal property, from the time of inheritance opening. After this period, the inheritance belongs to the heir currently managing the inheritance. In case there is no heir currently managing the inheritance, the inheritance shall be settled as follows:

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

b) The heritage belongs to the State, if there is no possessor as prescribed in Point a of this Clause.

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

3. The statute of limitations for requiring an heir to fulfill obligations regarding the deceased's property is 03 years from the time of inheritance opening.

However, you need to pay attention to the provisions of the 2015 Civil Procedure Code (CPC) when requesting the application of the statute of limitations for filing a lawsuit. The 2015 CPC stipulates:

Article 184. Statute of limitations for filing a lawsuit, statute of limitations for requesting settlement of civil matters:

1. The statute of limitations for filing a lawsuit and the statute of limitations for requesting settlement of civil matters shall be implemented according to the provisions of the Civil Code.

2. The Court shall only apply the provisions on statute of limitations upon request for application of statute of limitations by one or more parties, provided that such request is made before the Court of First Instance issues a judgment or decision to resolve the case.

The beneficiary of the application of the statute of limitations has the right to refuse to apply the statute of limitations, except in cases where such refusal is intended to evade performance of obligations.

When you request to apply the statute of limitations, the Court may issue a decision to suspend the case due to the expiration of the statute of limitations based on Article 217 of the 2015 Civil Procedure Code.

In principle, in civil proceedings, the burden of proof belongs to the parties, that is, siblings who are co-heirs and file a lawsuit must be responsible for proving that their request is well-founded.

For you, the evidence to protect your legitimate rights and interests is first of all the certificate of land use rights and assets attached to the land, along with documents proving the honest and stable use of the land during the time you use the land and own the house.

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