Land conditions for inheriting land without a will
Pursuant to Clause 1, Article 45 of the 2024 Land Law, the conditions for exercising the right to inherit land without a will are as follows:
- Land without disputes or disputes that have been resolved by competent state agencies, judgments, decisions of the Court, decisions or judgments of the Arbitration that have come into legal effect;
- Land use rights are not subject to seizure or other measures to ensure enforcement of judgments in accordance with the provisions of the law on civil judgment enforcement;
- Within the land use term;
- Land use rights are not subject to temporary emergency measures as prescribed by law.
In addition, the conditions in Clauses 3 and 4, Article 45 of the 2024 Land Law must also be met as prescribed.
How to divide inherited land without a will according to current regulations?
Pursuant to Article 650 of the 2015 Civil Code, inheritance without a will is applied in the following cases of inheritance according to law:
- The testator is not a testator or the testator is not a testator;
- The heirs according to the will die before or at the same time as the testator;
- The agency or organization inherited under the will no longer exists at the time of inheritance opening;
- Those who are appointed as heirs according to the will but do not have the right to inherit or refuse to receive the inheritance.
In addition, according to Article 651 of the 2015 Civil Code, the following legal heirs are stipulated:
(1) The legal heirs are specified in the following order:
- The first inheritance line includes: wife, husband, biological father, biological mother, adoptive father, adoptive mother, biological child, adopted child of the deceased;
- The second line of inheritance includes: paternal grandfather, paternal grandmother, paternal grandfather, maternal grandmother, biological brother, biological sister, biological younger sister of the deceased; biological grandchild of the deceased whose biological grandfather, paternal grandmother, maternal grandfather, maternal grandmother;
- The third line of inheritance includes: the deceased's paternal grandfather, maternal grandfather; biological uncle, biological uncle, biological uncle, biological aunt, biological aunt of the deceased; biological grandchildren of the deceased whose deceased is the paternal uncle, biological uncle, biological uncle, biological aunt, biological aunt; exfoliation of the deceased whose paternal grandfather, maternal grandfather, maternal grandfather.
(2) Heirs in the same line are entitled to equal inheritance.
(3) Those in the next line of inheritance are only entitled to inherit if there is no one in the previous line of inheritance due to death, no right to inherit, loss of right to inherit or refusal to receive the inheritance.
Thus, in the case of a person who can inherit land under a will, it is divided into 3 inheritance lines for each different subject. And heirs in the same line are entitled to equal inheritance.
Note, those in the next line of inheritance are only entitled to inherit if there is no one in the previous line of inheritance due to death, no right to inherit, loss of right to inherit or refusal to receive the inheritance.
