Two children in Kim Thanh claim the land their adoptive mother left behind.

Cancellation of will

The plaintiff, Ms. Tran Thi Mo, stated that her mother, Ms. Tran Thi Tuoi (born in 1930), passed away in 2011.

Mr. Tuoi is single and never married. In 1965, when she was nearly 2 years old, Mrs. Mo was adopted by Mr. Tuoi. To this day, Mrs. Mo does not know who her biological parents are.

In 1976, Mrs. Tuoi adopted Mr. Huy and raised him until he was an adult. Mrs. Tuoi did not have any biological children, but only the two adopted children were recognized by relatives and the People's Committee of Kim Anh Commune (Kim Thanh) issued birth certificates.

When he was alive, Mr. Tuoi owned plot of land number 176, map sheet number 07 with an area of ​​561.9 square meters in Kim Anh commune.

In 2005, Mr. Tuoi made a will to give the entire land area to Mr. Tran Van Bon (his nephew, calling Mr. Tuoi his uncle). On February 11, 2010, Mr. Tuoi filed a request to withdraw the will. From then until his death, he did not make a will to divide his property to anyone.

After Mrs. Tuoi passed away, Mr. Bon moved to live on the land without permission until now. Mrs. Mo and Mr. Huy proposed to return the land, but Mr. Bon did not agree because he thought he had inherited Mrs. Tuoi's will.

Mr. Bon said that Mrs. Tuoi had made a will giving all the land to him. The will was witnessed and confirmed by the People's Committee of Kim Anh commune.

In 2011, Mr. Tuoi died, so he and his wife moved to the above land to live, renovate and build the project from then until now. Mr. Bon said that the will made in 2005 was valid, the withdrawal of the will showed signs of forgery.

Land must be returned

Kim Thanh District People's Court has verified and clarified that after adoption, Ms. Tuoi, Mr. Huy and Ms. Mo, who lived in Kim Anh commune, always cared for and loved each other.

When Mrs. Tuoi was sick, Mr. Huy and Mrs. Mo both directly cared for, raised and arranged for her funeral. In the birth certificates of Mr. Huy and Mrs. Mo, the mother's name is Mrs. Tuoi. Therefore, although Mr. Huy and Mrs. Mo did not register to adopt a child, there was an actual relationship of care and raising between Mrs. Tuoi and her two adopted children.

Resolution No. 01 dated January 20, 1988 of the Council of Judges of the Supreme People's Court stipulates that "If the adoption has not been recorded in the family register but the adoption has been recognized by everyone and the adoptive parents have fulfilled their obligations to the adopted child, the adoption still has legal consequences as prescribed by law". According to the above provisions, although the above resolution has expired, at the time when Ms. Tuoi adopted Mr. Huy and Ms. Mo, the above documents were still in effect.

Furthermore, in the household registration books of 1991 and 2002, the head of the household is Mr. Tuoi with a biological son named Mr. Huy, while Mrs. Mo at that time got married in Quang Ninh province so she is not in the household registration. Comparing the regulations, the first heirs of Mr. Tuoi are Mr. Huy and Mrs. Mo.

Considering the 2005 will of Mr. Tuoi, the Court found that the will certified by the People's Committee of Kim Anh Commune showed that Mr. Tuoi, born in 1930, voluntarily made this will and had full civil capacity in accordance with the provisions of law. The will had representatives of the village and clan.

The content of the will stated that "when I die, I will give the garden plot of 1 sao 8 thuoc and the house and trees to my nephew Tran Van Bon...". According to the provisions of Article 653 of the 2005 Civil Code, the will was incomplete in that it was abbreviated and did not state the address of the inheritance. Furthermore, in 2010, Mr. Tuoi requested to withdraw the will. Currently, the People's Committee of Kim Anh commune still keeps Mr. Tuoi's request to withdraw the will.

The People's Court of Kim Thanh District has decided to accept Ms. Mo's lawsuit, determining that Mr. Tuoi's will made in 2005 is invalid. The court determined that Mr. Huy and Ms. Mo are entitled to inherit land plot No. 176 with an area of ​​561.9 square meters from Ms. Tuoi. Mr. Bon is entitled to receive 50 million VND for his efforts, management, and care of the inheritance.

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The names of the characters in the case have been changed.