Which basis determines inherited property as land use rights in case the will does not specify the exact land area?

In the practical resolution of inheritance disputes, determining the inheritance of land use rights when the will does not specify the exact land area has always been a complicated legal challenge. To address the above matter, the Council of Judges of the Supreme People’s Court has issued the Case Law No. 72/2024/AL on 20, 21, 23 February 2024 (the “Case Law No. 72”), thereby establishing an important legal basis for determining the right to inherit land based on the testator’s intent, even in the absence of specific land area details in the will.

In this article, BLawyers Vietnam will analyze some important points recognized by the Council of Judges of the Supreme People’s Court in Case Law No. 72.

1. Overview of the legality of written wills with witnesses

A will is the expression of an individual’s intent to transfer their assets to others after their death. Accordingly, a valid will must meet the following conditions:

1. The testator must be of sound mind and clear judgment when making the will; the testator is not deceived, threatened or coerced;
2. The contents of the will do not violate any legal prohibitions, nor be contrary to social morals; the form of the will complies with legal regulations.

If the testator leaves a will in writing with witnesses, it must meet the condition of having at least two witnesses. Then the testator must sign or affix their fingerprint to the will in the presence of witnesses, who must confirm their signature or fingerprint and sign the will themselves.

2. Summary of Case Law No. 72

Case Law No. 72 related to a dispute over the inheritance of land use rights between the plaintiff, Mrs. Nguyen Thi G (“Mrs. G”), and the defendant, Mr. Nguyen Van U (“Mr. U”), and 19 other parties with related rights and obligations. Specifically, the dispute between Mrs. G and Mr. U is a dispute over the inheritance rights to the land area of the 32.500m2 (the actual measurement is 35.180,7m2), belonging to parcel No. 809, 810, Map No. 10D, now is parcel No. 135, 136 of Map No. 10 (according to the cadastral records 2006) in Hamlet N, Commune T, District C (now District P), Ca Mau Province (the “Disputed Land”) with the following contents:

1. The Disputed Land originally belonged to Mr. Nguyen Van M (“Mr. M”) who passed away in 1998 and Mrs. Nguyen Thi B (“Mrs. B”) who passed away in 2010. The status of the land includes a main house with an area of 58,29m2, built in 1993, a drilled well, planted trees, and a graveyard consisting of 03 graves;
2. Mr. M and Mrs. B have 08 children, including: Mrs. Nguyen Thi H, Mrs. Nguyen Thi M1, Mr. Nguyen Van C (passed away, year unknown), Mrs. G, Mr. Nguyen Van K (passed away 2016), Mr. Nguyen Van L, Mrs. Nguyen Thi P; Mr. U;
3. In 1994 – 1995, Mr. U moved out to live separately on the land in Hamlet A, Commune T, District P, while Mrs. G lived with their parents since childhood and has managed and used the 32,500m2 of land mentioned above until now;
4. On 16 May 1998, Mr. M and Mrs. B made a will (the “Will 1998”) bequeathing Mrs. G a plot of 15 hectares for cultivation, without specifying the exact area, but the boundaries of the land were mentioned: the front facing Canal N, the East (rear) bordering Nguyen Van L1, the North bordering Ly Tung H1, and the West bordering Quach Van M2. When making the Will 1998, Mr. M was still clear-minded, and the Will 1998 made by Mr. M and Mrs. B had the signatures of their children (including Mr. U) and was certified by the local competent agencies;
5. On 15 June 2004, after Mr. M passed away, Mrs. B convened a family meeting and agreed to let Mrs. G manage and worship the ancestors over the entire 32.500 m2 of land according to the family meeting minutes (the “Meeting Minutes”). The Meeting Minutes were signed by the children (excluding Mr. U) and were certified by the local competent agencies.
6. Believing that Mr. M and Mrs. B had gifted the Disputed Land to him since 1998, Mr. U registered and declared the land use rights on 15 November 2000, and was granted the Certificate of Land Use Rights No. R202211 by the People’s Committee of District C;
7. On 09 September 2006, Mrs. B made another will (the “Will 2006”), bequeathing Mrs. G the Disputed Land. The Will 2006 was certified by the local agencies, indicating that at the time of its creation and the family meeting, none of Mr. M’s and Mrs. B’s children objected to the gift of the Disputed Land to Mrs. G. After Mrs. B passed away, Mrs. G continued to manage and use the land until now;
8. According to the information provision form No. 32/PCCTT dated 29 December 2016 (“Information Provision Letter”) issued by the Land Registration Office Branch of District P recorded that the Disputed Land was registered by Mr. M in 1993, received a Certificate of Land Use Right from the People’s Committee of District C, and in 2006, Mrs. G continued to register and declare the land use rights. Regarding the dossier for issuing the land use rights certificate to Mr. U, the People’s Committee of P District stated that this document were lost;
9. Mr. U claimed that the Disputed Land was gifted to him by Mr. M and Mrs. B according to the family meeting minutes in 1998. However, Mr. U was unable to provide evidence to support his claim.
10. Therefore, both first-instance and appeal Courts recognized that Mrs. G is entitled to inheritance the land as the inheritance from Mr. M and Mrs. B.

3. Assessment of Case Law No. 72

The Council of Judges of the Supreme People’s Court has decided to uphold The Appellate Civil Judgment with the following opinions:

1. According to the Will 1998, Mr. M and Mrs. B bequeathed Mrs. G a land area of 15 hectares. Although the will does not specify the exact area of the land, it only states that it is 15 hectares, but includes the boundaries of the land: the front faces Canal N, the east (back) borders Nguyen Van L1, the north borders Ly Tung H1, and the west borders Quoc Van M2. Thus, the land given to Mrs. G by her parents is a plot with a surrounding area adjacent to Canal N and the land of other households, and there is currently no dispute regarding the boundaries. After Mr. M passed away, in the Meeting Minutes and the Will 2006, Mrs. B expressed her intention to bequeath Mrs. G the entire area of 32,500m2. land, which is consistent with the Will 1998; and
2. When resolving the case, the first-instance and appeal Courts based on the contents of the Will, the Meeting Minutes, the testimony of Mr. M and Mrs. B’s children, and the continuous management and use of land since 1998 of Mrs. G as well as the declaration, land registration, thereby accepting Mrs. G’s lawsuit request, recognizing that Mrs. G is entitled to inheritance of the land of Mr. M and Mrs. B is grounded.

Thus, by approving Case Law No. 72, the Council of Judges of the Supreme People’s Court recognized the disputed land use rights as inheritance and acknowledged the actual existence of land use rights for the person designated in the will even though the will only mentions the four neighborhoods and does not specify the specific land area. This decision demonstrates respect for the wishes of the deceased as expressed in the will and protection of the rights of the person designated in the will.

The above is not official advice from BLawyers Vietnam. If you have any questions or suggestions about the above, please contact us at info@blawyersvn.com. BLawyers Vietnam would love to hear from you.

Date: 17 December 2024

Writers: Thao Luu & Thai Bui