Reader T.T. N (Bac Ninh) wondered: "In the case of elderly parents making a will to inherit the entire land for the youngest child, is it necessary to ask for the opinions of other children? Do other children have the right to sue?".
Talking to Lao Dong Newspaper, lawyer Nguyen Trong Hoang - Law Firm LawKey Co., Ltd. - said that whether parents dividing land for the youngest child needs to ask for the opinions of other children or not depends on the time and origin of the assets.
Cases where land is the private property of parents
If parents are still alive and the land use right is their own property or the common property of husband and wife, parents have the right to donate it to the youngest child without asking for the opinion or consent of other children. At that time, other children have no right to sue to request property division.
However, if it falls into the case of minor children or adults who are unable to work, they are still entitled to a part of the inheritance equal to 2/3 of the share of a legal heir, based on Article 644 of the Civil Code.
Therefore, in cases where the legitimate rights and interests of the heirs, regardless of the content of the will, are not guaranteed as prescribed, they have the right to sue and request the Court to protect the right to enjoy the inheritance portion as prescribed by law.
Cases where land is common property of households
If the land use right is the common property of the household, the donation must have the consent of all members with common land use rights; otherwise, the person with related rights can sue and request the Court to cancel the transaction.
In case parents have passed away, the division of land use rights is carried out according to a legal will or according to the provisions of law. If there is a legal will leaving property to the youngest child, the inheritance is divided according to the will. If there is no will, the inheritance is divided equally among the first-line heirs.
In case the youngest child arbitrarily receives or registers the entire inheritance in their name without the consent of the co-heirs, the remaining people have the right to sue and request the Court to divide the inheritance according to the provisions of law.
