Can the deceased's name be removed from the "red book"?

HOANG THUONG (Kinh Mon)

Reply:

According to your presentation, this property (red book) is jointly owned by your parents.

In case your father dies and leaves a will regarding the property, your father's ownership share in this joint property (red book) will be carried out according to the will.

If your father dies without leaving a will, his share of this joint property will be inherited according to the law.

The first order of inheritance in this case includes: wife, biological father, biological mother, adoptive father, adoptive mother, biological children, adopted children of your father, heirs of the same order receive equal shares of the inheritance.

If your mother wants to be the sole owner of the "red book", the heirs must first carry out the procedure of declaring the inheritance at the notary office (notary office or notary office) where the real estate is located.

In the declaration of inheritance, the heirs (children) must have a written refusal to receive the inheritance left by your father (Article 620 of the Civil Code), or can make a written agreement to divide the inheritance with the content that the children give to their mother all the inheritance that they are entitled to.

A notarized agreement on inheritance division is one of the bases for competent state agencies to register the transfer of land use rights and property ownership to the heir (Article 57 of the Law on Notarization).

After declaring the inheritance, your mother will carry out the procedure to update the red book and transfer the name to your mother alone at the branch of the land registration office where the real estate is located.