Question:
Dear lawyer, I have a question regarding the following issue and would like to receive a lawyer’s advice. I sincerely thank you!
My father had a piece of land but passed away without leaving a will. On the land use right certificate, there is a note that reads: “The inheritance has not been divided, and no land use rights transactions have been performed.” So, I would like to ask, what do I need to do to carry out land use rights transactions (such as selling the land)?
Reply to consultant:
The question you asked me will be answered as follows:
Because your father passed away without leaving a will, according to the law, his estate will be divided among the first heirs, including the wife, husband, natural father, natural mother, adoptive father, adoptive mother, biological child, and adopted child of the deceased, as prescribed in Article 651 of the Civil Code 2015. These people are entitled to an equal share of the estate.
Therefore, you must first determine the legal heirs of your father’s estate. Based on this, they can go to the People’s Committee of the commune where the land is located or to a Notary Office to carry out the procedures for declaring or dividing the inheritance.
The inheritors then need to prepare documents and submit them to the People’s Committee of the commune where the land is located, or to the branch of the land registration office of the district where the land is located to carry out the procedures to change the registration certificate of land use rights, ownership of houses, and other assets attached to the land.
After completing these procedures, in order to carry out land use rights transactions, it is necessary to obtain the consent of the owners named on the certificate of land use rights, ownership of houses, and other assets attached to the land.
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