Bitter inheritance dispute between aunt and niece in Tu Ky

Complicated

On June 13, the Civil Judgment Enforcement Department of Hai Duong province organized the enforcement of judgments on property inheritance disputes, requests for recognition of land use rights transfer contracts and requests for cancellation of land use rights certificates in Tu Ky district according to civil judgments of the People's Court of Hai Duong province in August 2022 and the High People's Court in Hanoi in March 2023.

According to the verdict, Mr. Pham Van A. in Tu Ky district has 3 wives with a total of 5 children.

When he was alive, Mr. A., his wife, children and grandchildren lived on an area of ​​over 2,000 square meters including residential land, pond land and garden in Tu Ky district. Later, after many changes in the family, the above land was used by Mr. T. and his wife, Mr. A.'s grandchildren.

By 1980, Mr. T. had arbitrarily declared himself as the land user. In 2000, the People's Committee of Tu Ky district issued a land use right certificate for the entire area of ​​more than 2,000 m2 to him.

The conflict occurred when Mrs. C., the daughter of Mr. A. (Mrs. C. and Mr. T.'s mother are half-sisters) sued her nephew in court to request division of inheritance, and at the same time requested to cancel the land use right certificate previously issued by the People's Committee of Tu Ky district.

Mr. T. said that from the time his family lived on the land and was granted a certificate of land use rights, no one had any comments or disputes, and determined that the land belonged to his and his wife's legal right to use.

According to the judgments, Mr. T. and his wife are entitled to the inheritance of their biological mother (deceased) from the inheritance of their maternal grandparents, uncle (deceased, son of Mr. A. and his second wife), 2 older sisters who donated the inheritance (of their biological mother) and the work in managing and protecting the inheritance with a total area of ​​1,062.7 square meters of land.

Mrs. C. and another aunt claimed the right to inherit the inheritance according to the regulations with a total area of ​​pond and garden of more than 980 m2. Mr. T. and his wife are obliged to pay the difference in property value to the two aunts.

Enforcement of judgment

According to the Provincial Civil Judgment Enforcement Department, all efforts, encouragement, and persuasion to force the parties to execute the judgment have failed. To ensure the strictness of the law, on May 22, 2024, the enforcement officer issued a notice of enforcement. The enforcement will be held on June 13.

The above enforcement case regarding inheritance dispute had to mobilize more than 100 people from many forces to participate. During the enforcement process, the person subject to enforcement continuously had uncooperative words and actions such as throwing electric wires into the pond to obstruct the enforcement force. The provincial enforcement agency requested Tu Ky District Electricity to cut off electricity to the household subject to enforcement. The enforcement time took place in 1 day with many tasks such as pumping water from the pond, catching fish for processing according to regulations; determining the location, area, current status according to the judgment decision and handing over the pond land area to the person subject to enforcement.

Thanks to good coordination and preparation of plans to handle arising situations, the enforcement process was carried out strictly, in accordance with legal regulations, ensuring safety of people and property.

According to the provincial Civil Judgment Enforcement Department, in recent years, disputes over inheritance property among families in Hai Duong have tended to increase and become more complicated. People need to proactively learn and implement the division of property and inheritance rights according to the provisions of the law, to avoid losing family ties because of money or land.