Reader T.V. H (Phu Tho) wondered: "Brothers inherited a common land plot, if one person wants to sell their share, is it necessary to ask for the opinions of the remaining people?".
Talking to Lao Dong Newspaper, lawyer Nguyen Ngoc Tu - Law Firm LawKey Co., Ltd. - said that it is necessary to distinguish between selling the entire land plot, selling a specific part of the area and transferring the rights of the co-heir. One person is not allowed to arbitrarily sell the entire land plot or sell the rights belonging to another heir.
According to Article 209 and Article 218 of the 2015 Civil Code, if common ownership is defined as share ownership, each common owner has the right to decide on their share rights. However, when a common owner shares a part of their own ownership, other common owners have the right to prioritize purchase; for real estate, the term of exercise of priority purchase rights is 3 months from the date of receiving notification of sale and sales conditions.
Regarding land use rights, Article 27 of the 2024 Land Law stipulates cases where groups of land users have common land use rights: if land use rights are divided by portions for each member, the person wishing to exercise rights to their portion must carry out procedures for registration of changes or separation of plots according to regulations and are entitled to exercise the rights and obligations of land users. If land use rights cannot be divided by portions, the members must jointly exercise or authorize the representative.
The transfer of land use rights must also meet the conditions in Article 45 of the 2024 Land Law, and at the same time comply with regulations on contract form and registration. Therefore, if a person only wants to transfer their share of rights, it is not necessary to have all the remaining people agree to sell their share of rights, but they must respect the priority purchase rights of co-owners and complete the conditions and legal procedures on land.
If you want to sell a specific part of the common land plot that has not been separated or legally determined, you must not arbitrarily consider that part of the area as your own private land for transfer.
