Land dispute with disabled sister

Dispute

According to the lawsuit filed by the plaintiff, Ms. Nguyen Thi Hieu (born in 1966 in Ninh Giang district), her parents had passed away a long time ago, leaving no will or property obligations for their children. Her parents had three children: Mr. Nguyen Van Nghia, Ms. Nguyen Thi Mai and Ms. Nguyen Thi Hieu.

The property left by his parents includes a 708 m2 plot of land, including 300 m2 of residential land and perennial crop land in Ninh Giang district. This plot of land was granted a land use right certificate by the Ninh Giang District People's Committee in 2002 in the name of Nguyen Van Nghia and his wife, Ms. Dinh Thi Khang. The land is currently managed and used by Ms. Khang's family. Mr. Nghia passed away in 2020.

According to Ms. Hieu, during the process of use, Ms. Khang's family arbitrarily made a land use right certificate and used all of her parents' property. The plaintiff, Ms. Hieu, is disabled, unable to work, and has no place to eat or live. Ms. Hieu still receives monthly social security benefits. Currently, she is living with Ms. Khang's family and is being cared for by Ms. Khang's family. However, Ms. Hieu wishes and has requested the Court to resolve so that Ms. Khang's family must return the land use right left by her parents to her and her siblings; at the same time, she requests to cancel the land use right certificate granted to Ms. Khang and her husband.

Mrs. Khang said that her and her husband had been given land by their parents when they were alive, and had been granted a land use right certificate in their names. Therefore, she did not agree to file a lawsuit. Mrs. Mai did not dispute the land her parents left her and agreed to donate the inherited property to Mrs. Khang's family.

Reconciliation success

Due to the long time that has passed, some people with related rights and obligations have lost their rights and obligations, so the People's Court of Hai Duong province has encountered many difficulties in verifying and collecting sufficient evidence. The court held a meeting to publicly access evidence and reconcile. Analyzed the provisions of law related to the content of the case, blood relations, family affection, especially the favorable aspects in the case of successful reconciliation between the parties.

On July 29, 2024, the parties reached an agreement on the settlement of the case and successfully mediated. A record was drawn up of the voluntary agreement and successful mediation of the disputed issues in the case.

On August 5, 2024, the People's Court of Hai Duong province issued a decision recognizing the agreement of the parties. That is, granting Ms. Hieu the right to use land at plot number 186 with an area of ​​61.3 m²Long-term residential land, worth more than 306 million VND; 83.2 m²Perennial land, long-term use, worth more than 6.4 million VND.

Ms. Khang was given the right to use land at plot 186 with 238 m²Residential land worth nearly 1.2 billion VND; 325.5 m²Perennial land worth more than 24 million VND. The parties do not have to pay the difference to each other. Exemption from civil first instance court fees for the parties.

The representative of the People's Court of Hai Duong province said that during the mediation, through the judge's analysis of both reason and emotion, the parties in the case all recognized the responsibility of the brothers and sisters in the family towards the disabled younger brother, and recognized the rights that each person enjoys according to the regulations. The parties agreed to separate a part of the land for the younger brother, Ms. Nguyen Thi Hieu, to build a place to eat, live and work. The court issued a decision recognizing the agreement of the parties and the decision took legal effect immediately. Thus, successful mediation will avoid wasting the parties' time, maintain solidarity in the parties' families and maintain security and order in the locality.

The above case continues to show the importance of leaving a will to inherit property to avoid disputes and discord among family members.

(Names and addresses in the case have been changed)