(QBĐT) - Quang Binh Newspaper received a petition for help from Mr. Phan Van Cac (born in 1937), residing in Dong Son village, Son Loc commune (Bo Trach) regarding a land dispute between him and his children and grandchildren. During the verification process, the reporter (PV) realized that behind the petition was a hidden corner of the identity of a man who devoted himself to his children and grandchildren. Just because of the land that Mr. Cac and his wife reclaimed since 1976, his son, daughter-in-law and eldest grandson tried every way to "change the name, change the owner" and took it all... until "near death" they still could not get it back.
In the dilapidated, leaky house, Mr. Phan Van Cac cried as he spoke to us. Tears fell from his old, blind eyes, making the hearts of those around him ache. He said that his whole life was for his children and grandchildren. Yet at the end of his life, he lived penniless, having to rely on someone to write a petition to claim land from his own children and grandchildren.
Reclaiming land from scratch
The couple Phan Van Cac and Duong Thi Con (born in 1934, deceased) were originally from Dong Trach commune (Bo Trach). In 1976, following the policy of migration and population dispersion to develop a new economy in the hilly area west of Bo Trach district, the couple volunteered to settle and reclaim the land that is now Dong Son village, Son Loc commune.
During the process of land reclamation and restoration in Dong Son village, Mr. and Mrs. Cac established a land plot of nearly 3,710m2 (including 300m2 of residential land according to state regulations). On this land area, Mr. Cac built a ground-floor house and has lived there until now.
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Talking to reporters, Mr. Phan Van Cac choked up: “My wife and I have worked hard all our lives, reclaiming, restoring, and improving the land with the purpose of leaving it to our children and grandchildren. From 1976-2006, although we had not yet obtained a land use right certificate (LURC), the people and the government of Son Loc commune both recognized the land reclaimed and restored by my wife and me, used stably, and had no disputes.”
Regarding the origin of the land of Mr. Phan Van Cac's family, the current Chairman of the People's Committee of Son Loc Commune, Phan Van Tien, confirmed: Although I was young at that time, I still clearly knew the process of reclamation and restoration of Mr. Phan Van Cac and his wife. From two empty hands, it took an unknown amount of effort and sweat to create. Yet by the end of his life, Mr. Cac was left empty-handed, the land was taken by his son, daughter-in-law, and then his grandson. Even the level four house he is living in, built by him and his wife, is no longer nominally his.
Lost all property...
In the petition for help, Mr. Phan Van Cac stated: “My wife and I have four children, including: Phan Thi Ket (born in 1962), Phan Van Hop (born in 1966), Phan Thi Le (born in 1970), Phan Thi Hue (born in 1973). Three daughters got married and followed their husbands. After returning from serving in the army in Cambodia, Phan Van Hop’s son married his daughter-in-law Nguyen Thi Duyen (born in 1970). He lived with my family for a while, then moved out and was given land by my wife and I at another location that I had reclaimed and restored. In 2006, my wife and I asked Phan Van Hop’s son to prepare the application and documents to apply for a land use right certificate for us. Because we trusted our son and did not know how Hop applied for the land use right certificate, when we received the “red book”, the land area and the house my wife and I were living in were under the names of the owners, Phan Van Hop and Nguyen Thi Duyen.”
According to the records and documents collected by PV, the land area that Mr. Phan Van Cac asked his son Phan Van Hop to make a "red book" and then registered under the name of Phan Van Hop and Nguyen Thi Duyen belongs to land plot number 101, map sheet number 07, Son Loc commune, area 3,710m2 , Bo Trach district People's Committee issued land use right certificate number AG 424217 on October 31, 2006.
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After discovering that the "red book" had been "swapped" from his name to the name of his son and his wife, Mr. Phan Van Cac asked his son Phan Van Hop to do the correction procedure. Phan Van Hop promised his father that he would make the adjustment... however, Phan Van Hop kept delaying and refused to do so.
Not only that, in 2011, the couple Phan Van Hop and Nguyen Thi Duyen secretly completed procedures to separate land plot No. 101, map sheet No. 07 into two plots of land: Land plot No. 101, map sheet No. 07 , area 2,910m2 (Bo Trach District People's Committee issued new land use right certificate No. BD 615899); land plot No. 1,451, map sheet No. 07, area 800m2 (land use right certificate No. 615900). Both of these new "red books" are in the names of Mr. Hop and Ms. Duyen.
Also "silent steps" to bypass their parents, Mr. and Mrs. Phan Van Hop and Nguyen Thi Duyen arbitrarily made a transfer contract for their children Phan Thi Nhung and Phan Van Hong (grandchildren of Mr. Cac - PV).
| Chairman of Son Loc Commune People's Committee Phan Van Tien confirmed: In 2021, the Commune People's Committee received Mr. Phan Van Cac's "land claim" application and established a conciliation council, however, the parties did not accept conciliation and had to file a lawsuit in court for arbitration. The matter would not have gone too far, causing Mr. Phan Van Cac to lose his land and house, if at the time of reviewing the application and the application for a land use right certificate submitted by Mr. Phan Van Hop in 2006, Son Loc commune officials had checked and verified the origin of the land and who was the legal owner of that land plot. Because the application for a land use right certificate stated the origin of the land as reclaimed in 1976, Mr. Phan Van Hop was born in 1966, only 10 years old, so how could he have reclaimed the land (?!). |
Specifically, after cutting land plot No. 1,451, map sheet No. 07 for daughter Phan Thi Nhung in 2014 (Bo Trach District People's Committee issued Land Use Right Certificate No. BU 545478 to Ms. Nhung). The remaining land area in plot No. 101, map sheet No. 07, area 2,910m2 , Mr. and Mrs. Phan Van Hop and Nguyen Thi Duyen continued to do the procedures for changing the land use right certificate, Bo Trach District People's Committee issued Land Use Right Certificate No. CD 146516, plot 354, map sheet No. 15 , area 3,423m2 (with 513m2 of additional land). In 2017, Mr. Hop and Ms. Duyen signed a transfer contract for their son Phan Van Hong. Bo Trach District People's Committee successively issued Land Use Rights Certificate No. CG 569882 (February 2017) and CH 341259 (April 2017) to Phan Van Hong.
The fact that Mr. and Mrs. Phan Van Hop and Nguyen Thi Duyen arbitrarily transferred land to their children (the legal origin of use of the couple Phan Van Cac and Duong Thi Con) was only discovered by Mr. Phan Van Cac and the remaining members (Phan Thi Ket, Phan Thi Le, Phan Thi Hue) on the occasion of the 50th anniversary of Mrs. Duong Thi Con's death (Mrs. Con passed away in 2021). At this time, everything was over, because Mr. Phan Van Hop passed away earlier (in 2020). Even more heartbreaking, not only did he lose his land, Mr. Phan Van Cac also lost the old, dilapidated, and dilapidated house... he was living in. Because this house belonged to the land plot named after his nephew Phan Van Hong.
Readers' Reporter Group
>>> Article 2: Who helped Mr. Phan Van Cac lose his land and house?
Source: https://www.baoquangbinh.vn/toa-soan-ban-doc/202407/noi-dau-tu-mot-la-don-keu-cuu-bai-1-mat-dat-mat-nha-vi-tin-con-2219283/
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