Loss of rights due to expired inheritance declaration

MINH HONG(Hai Duong City)

Reply:

According to the provisions of Article 611 of the 2015 Civil Code, the time of opening inheritance is the time when the property owner dies. In case the Court declares a person dead, the time of opening inheritance is the date determined in Clause 2, Article 71 of the Civil Code.

Article 623 of the 2015 Civil Code stipulates that the statute of limitations for an heir to request division of inheritance is 30 years for real estate and 10 years for personal property, from the time of inheritance opening.

According to the information you provided, your father willed you a piece of land. According to the law, the statute of limitations for an heir to request a division of real estate is 30 years. From the time your father passed away until now is 15 years, so you can carry out the inheritance declaration procedure to receive the inheritance that your father left.

To receive inheritance, you must first carry out the inheritance declaration procedure at the Notary Office.

The beneficiary of the inheritance is entitled to 01 set of documents including:

- Notarization request form;

- Documents proving the relationship between the testator and the person requesting notarization;

- Death certificate or other document proving the death of the testator…

- Will (if there is a will)

- Agreement on division of inheritance (draft)

- Personal documents such as identity card, citizen identification card or passport or household registration book, temporary residence book... of the heir;

- Property documents such as land use right certificates

After checking the dossier and finding it complete and in accordance with the provisions of law, the notary office shall publicly post the notice at the headquarters of the People's Committee of the commune where the testator previously resided; in case there is no permanent residence, the notice shall be posted at the People's Committee of the commune where the testator temporarily resided. If neither of these two places can be determined, the notice shall be posted at the People's Committee of the commune where the testator's real estate is located.

After 15 days of posting, if there are no complaints or denunciations, the notary office will certify the agreement on inheritance division according to the provisions of the 2014 Notary Law.

Then you carry out the procedure to transfer the Land Use Rights Certificate to the heir according to the provisions of the Land Law.

Land users submit their applications at the Land Use Rights Registration Office under the Department of Natural Resources and Environment or the agency receiving applications as prescribed by the Provincial People's Committee;

- Households, individuals and residential communities submit applications to the People's Committee at the commune level if needed.

After receiving all valid documents, the Land Registration Office will be responsible for examining the documents, making copies of the cadastral records; sending cadastral data to the tax authority to determine financial obligations (if any); correcting the issued certificate or carrying out the procedure for issuing a certificate in cases where a new certificate must be issued.

After the inheritor has fulfilled his financial obligations, the real estate registration office is responsible for handing over the land use rights and house ownership certificates to the owner.