Currently, a considerable number of people are living on a land long-term and stable; however, due to some reasons, they have not been granted a certificate for the land. Thus, when they want to make a will to dispose of their property, they do not know if the land without a certificate can be passed through a will or not? This is a relatively common question, APRA Law Firm will give you the answer as follows:
According to Article 609 of the Civil Code stipulating the right of individuals to inherit: “A natural person may make a will to dispose of his or her estate; may leave his or her property to an heir in accordance with the law, or may inherit an estate left to him or her under a will or in accordance with law”.
Besides, according to Clause 1, Article 188 of the 2013 Land Law, the conditions for the exercise of the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights; to contribute land use rights as capital as follows:
“1. Land users may exercise the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights and contribute land use rights as the capital when meeting the following conditions:
a/ Having the certificate, except the case prescribed in Clause 3, Article 186 and the case of receiving inheritance prescribed in Clause 1, Article 168 of this Law;
b/ The land is dispute-free;
c/ The land use rights are not distrained to secure judgment enforcement;
d/ Within the land use term.”
In addition to the conditions specified in Clause 1 of this Article, when exercising the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights and contribute land use rights as capital, land users must also be eligible under Articles 189, 190, 191, 192, 193 and 194 of the 2013 Land Law.
Accordingly, if there is no certificate, the conditions for a will to be notarized by a competent agency are not met.
Nonetheless, a will is an expression of the wish of an individual to pass his/her property to others before death. Therefore, the owner of the estate can appoint the inheritor, and divide the estate as per his/her will. Regarding the form of a will, it can be made in writing with or without a witness pursuant to Article 633 and Article 634 of the 2015 Civil Code; if a person can not make a written will, such person may make an oral will.
Thereby, a person may choose one of the following ways to make a will:
– Bringing identification papers, proofs of rights to use and ownership of the person who owns the estate to commune-level People’s Committee, or Notary bureaus and Notary offices to make a will;
– Make a written will (handwritten or typed) but there must be at least 2 witnesses. The testator must sign or fingerprint the will in front of the witnesses, the witnesses certify signatures and fingerprints of the testator and sign the will;
– Write the will by hand and sign (no witnesses needed)./.
This is the article advising on “Passing a land without certificate by a will” by Apra Law Firm. If you have any questions or concerns, please contact the hotline for further advice and support.
For more information, please contact:
APRA LAW FIRM
Address: 7th Floor, 57 Tran Quoc Toan, Tran Hung Dao Ward, Hoan Kiem District, Hanoi City, Vietnam.
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