LATEST PROCEDURE FOR
INHERITATED LAND DISTRIBUTION
Image 1. Procedures for inherited land separation.
How is the division of the inheritance land plot done? This is one of the questions that many customers are interested in. Let's find out with Thinh Tri Law through the article below.
OUTLINES
1. Is it lawful to separate inherited land plot?
2. Necessary procedures before separating inherited land plot.
3. Order and procedures for separation of inherited land.
4. Special notes when separating the inherited land plot.
- In order to answer, we need to understand the regulations related to the rights and obligations of the heirs. Specifically, Clause 1, Article 615 of the 2015 Civil Code has recognized that an heir has the following rights and obligations:
- First, unless otherwise agreed, the heir is responsible for performing the property obligations within the scope of the estate left by the deceased.
- Second, if the estate has not been divided, the property obligations left by the deceased shall be performed by the administrator of the estate according to the agreement of the heirs within the scope of the estate left by the deceased.
- Third, if the estate has been divided, each heir shall perform the property obligations left by the deceased in proportion but not exceeding the portion of the property he has received, unless otherwise agreed.
- Fourth, if the heir is not an individual inheriting the estate according to the will, he must also perform the property obligations left by the deceased like an individual heir.
- Thus, it can be seen that the current law does not prohibit an heir from separating the inherited land plot. This means that the heir can separate the inherited land parcel and must follow the order and procedures in accordance with relevant laws.
- In accordance with current law, inheritance is understood as the transfer of property of the deceased to the living, the property left is called estate. Before separating the inherited land plot, the heirs need to carry out some procedures related to the inheritance.
- Specifically, the heirs need to carry out the procedures for division of the estate or declare the inheritance according to articles 57 and 58 of the Law on Notary 2014 at a local notary practice organization. In there:
- If the heirs at law or according to the will, but the will does not clearly identify the part of the estate to be enjoyed by each person, they have the right to request the notarization of the written land division agreement. (Clause 1, Article 57 of the Law on Notarization 2014)
- The only person entitled to the estate according to the law or those who are jointly entitled to the estate under the law but agree not to divide the estate have the right to request the notarization of the declaration of the estate. (Clause 1, Article 58 of the Law on Notarization 2014).
- After completing the above procedures, the recipient must register the change in order to transfer the land use right.
- Step 1: Prepare documents
- Pursuant to the provisions of Clause 11 Article 9 of Circular 24/2014/TT-BTNMT, households and individuals submit 01 set of dossiers of request for parcel separation as follows:
- An application for division of the parcel Form 11/DK.
- Original Certificate issued.
- ID card, household registration book of the land user.
- Step 2: Submit your application
- To submit an application, customers can do it in one of two ways:
- Submit the application at the People's Committee of the commune, ward or town where the land is located if required.
- If the locality has not yet organized a branch of the land registration office, the application shall be submitted at the branch of the land registration office of a district, town, provincial city (district level) or the registration office of land use rights.
- Step 3: Receipt of application
- The application-receiving agency shall record all information in the application-receiving book and return the results, hand over the application-receiving slip and return the results to the applicant.
- If the application is incomplete or invalid, within a maximum period of 03 days, the application-receiving and processing agency must notify and guide the applicant to supplement and complete the application as prescribed.
- Step 4: Resolve the request
- Within 12 working days from the date of receipt of complete and valid dossiers, the Land Use Right Registration Office or the Division of Natural Resources and Environment shall have to:
- Cadastral survey to separate land parcels;
- Prepare a dossier and submit it to a competent agency for granting a certificate of land use rights and ownership of houses and other land-attached assets to land users for the newly split or consolidated land parcel;
- Edit and update changes in cadastral records and land databases; handing over certificates of land use rights and ownership of houses and other land-attached assets to the grantees or sending them to the commune-level People's Committees for exchange with the case of filing at the commune level.
- Step 5: Return the result
- The results must be returned to the land user within no more than 03 working days from the date of the settlement result.
Image 2. Submission of separation dossier of inherited land plots
- When separating the inherited land plot, the heirs need to pay attention to ensure the minimum area of the land plot. Accordingly, in Clause 3, Article 143, Clause 4, Article 144 of VBHN 21/VBHN-VPQH 2018 the Land Law has regulations on the issue of minimum area to be separated from residential land in rural areas and residential land in urban areas. As follows:
- Firstly, for residential land in rural areas: Based on the local land fund and the rural development planning approved by the competent state agency, the People's Committee of the province shall stipulate the quota of allocated land for each household or individual to build houses in the countryside; minimum area divided into residential land in accordance with local conditions and practices.
- Secondly, for residential land in urban areas: The People's Committee of the province shall, based on the land use planning, urban construction planning and local land fund, stipulate the quota of residential land allocated to each household, individuals who build houses by themselves if they are not eligible for land allocation under housing construction investment projects; Minimum area divided for residential land.
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- Here is the procedure for inherited land plot split that we have searched for. We hope this information find you well. If you still have questions about other issues related to the civil and commercial fields in accordance with the latest laws, dont hesitate to contact us via:
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