Enforcement of judgment in the case of a nephew not handing over land to his aunt in Tan Dan ward (Chi Linh city)

The enforcement of the judgment is carried out according to the December 2020 first instance judgment of the Hai Duong Provincial People's Court and the decision to suspend the appeal trial in September 2022 of the Hanoi High People's Court.

According to the verdict, Mr. D.'s mother had two younger sisters, of whom Ms. C. was the youngest. When her parents passed away, Ms. C.'s three sisters lived with their uncle on a 225m2 plot of land left by their parents in Tan Dan ward (Chi Linh city) until they built their own family. Later, the uncle no longer had any need to use the land and returned it to his grandchildren.

Because his aunts married far away, Mr. D's parents managed and used the land plots. In 1999, Mr. D's parents transferred the right to use the entire land area and granted a land use right certificate. When they learned of the incident, the two aunts negotiated to get the land back to build a church. Mr. D returned a part of the land but did not agree to separate the "red book" to legally transfer the name to his aunts.

According to the court, Mr. D. had only been transferred the land use rights by his biological mother, without the consent of his aunts. Therefore, the land use rights certificate previously issued to Mr. D. was illegal. The court determined that the above land plot was the joint property of Mr. D.'s mother and two aunts, including Ms. C. However, the second aunt had agreed to let Mr. D.'s mother use the land, so she was no longer entitled to the joint property.

According to the court's decision, Ms. Tran Thi C. was allowed to use 60 square meters of land and the property on the land was a tiled yard with a total value of more than 367 million VND. Ms. C. paid the difference in property value to Mr. D. more than 142 million VND. Mr. D. had to dismantle the entire corrugated iron shed located on the land assigned to Ms. C. for management and use.

The enforcement officer worked many times but Mr. D. did not voluntarily hand over the remaining land to his aunt. The enforcement was carried out in accordance with requirements, regulations and safety.