The first-instance trial of the case of inheritance dispute, request to cancel individual decisions and demand a house for temporary residence between the plaintiff, Ms. Vo Thi Hong Nhung (61 years old, younger sister of the late Meritorious Artist Vu Linh) and the defendant, Ms. Vo Thi Hong Loan (37 years old, daughter of the late Meritorious Artist Vu Linh) took place on January 7 at the People's Court of Ho Chi Minh City.
On the same afternoon, after deliberation, the panel of judges determined that at the time of inheritance opening, artist Vu Linh had no parents or wife. Based on the case file, the court determined that Ms. Hong Loan (defendant) was an adopted child and therefore the sole heir of the first line of inheritance.
The second-order heirs are entitled to inherit if the first-order heirs are no longer alive or have been deprived of their inheritance rights. However, in this case, Ms. Hong Loan is the first-order heir and has not been deprived of her rights, so the plaintiff's request is unfounded. Therefore, the defendant is the beneficiary of the late artist Vu Linh's estate.
Due to the circumstances of Ms. Hong Nhung - Vu Linh's younger sister as well as considering the contribution, the panel of judges decided to give the plaintiff 15% of the late artist Vu Linh's assets. Ms. Hong Loan is obliged to return to the plaintiff 15% of Mr. Vo Van Ngoan's assets (artist Vu Linh). After Ms. Loan has completed the return, she has the right to request Ms. Hong Phuong and Ms. Hong Nhung to move out of house number 5 Doan Thi Diem.
After refunding Ms. Hong Nhung, Ms. Hong Loan has full ownership and ownership rights to the above-mentioned real estate. If after the above deadline, Ms. Hong Loan does not refund Ms. Hong Nhung, the enforcement agency will auction the above-mentioned real estate.
Previously, the representative of the Ho Chi Minh City People's Procuracy requested the panel of judges not to accept the plaintiff's request to cancel the birth certificate and adoption certificate of Ms. Hong Loan...
The Panel of Judges is requested to accept Ms. Hong Loan’s counterclaim requesting Ms. Hong Nhung and Ms. Hong Phuong to move all their assets out of house number 5 Doan Thi Diem, Phu Nhuan District, Ho Chi Minh City. Because Ms. Loan is in the first line of inheritance and is the legal owner of this house.
The representative of the Ho Chi Minh City People's Procuracy stated that, based on the adoption certificate dated March 21, 1992, the adoption certificate issuance book and two official dispatches of the Phu Nhuan District People's Committee, the expert conclusion... there is a basis to determine that Ms. Loan was adopted by the late Meritorious Artist Vu Linh on March 21, 1992 and on the same day, the late Meritorious Artist Vu Linh declared and registered the birth of Ms. Hong Loan's father. The adoption and issuance of the birth certificate were carried out in accordance with regulations.
In the household registration book, the late Meritorious Artist Vu Linh was the head of the household, showing that Ms. Hong Loan was his daughter and during the entire time the late Meritorious Artist Vu Linh lived until his death, there were no complaints about this procedure.
The plaintiff admitted that the defendant was adopted by the late Meritorious Artist Vu Linh since she was a child and was taken care of by the late artist and his siblings. When Ms. Hong Loan got married, she moved to her husband's house and returned home on weekends. Witnesses and the plaintiff also confirmed that Ms. Hong Loan was the adopted child of the late Meritorious Artist Vu Linh.
The People's Procuracy based on the death certificate excerpts and the confirmation paper of the People's Committee of Ward 1, Phu Nhuan District confirmed that the late Meritorious Artist Vu Linh died without leaving a will and was single, had no wife, and had never been married; his biological parents had died... From there, there was a basis to determine that the first line of heirs was only Ms. Vo Thi Hong Loan.
In March 2023, Ms. Loan submitted a request for confirmation of inheritance at the Notary Office. The declaration of inheritance and the certification of the declaration of inheritance were carried out in accordance with the law.
After that, Ms. Loan completed the procedures to change the ownership at house number 5 Doan Thi Diem, Phu Nhuan district, Ho Chi Minh City in accordance with regulations.
