On the Government Portal, Mr. L.D.M in Thanh Hoa reported that he had completed the application for land change registration due to inheriting the inheritance of his grandfather's land.
This land is land passed down from the ancestors, granted a red book on June 30, 1994, with an area of 450 m2, with 200 m2 of residential land and 295 m2 of garden land (surplus).
Mr. M asked, in your case, can the residential land area be registered to be re-determined? The ward land officer said that his case was not allowed to re- bigcate the residential land area due to the transfer (the inheritance division minutes), this case is under Point b, Clause 6, Article 141 of the 2024 Land Law. Is that correct?
The Ministry of Agriculture and Environment responds to this issue as follows:
Registration of changes in land use rights due to inheritance of land use rights is carried out on the basis of issued Certificates and documents on inheritance according to the provisions of the law on civil matters.
The re-determination of residential land area is carried out in cases where at the time of issuance of the Certificate, there was one of the types of documents on land use rights specified in Article 137 of the Land Law.
On the other hand, for the area of the transferee, the residential land area cannot be re-determined (stipulated in Point b, Clause 6, Article 141 of the Land Law).
