Heartbreaking incident of child occupying mother's house

Mother sues son in court

The civil judgment dated December 10, 2021 of the People's Court of Hai Duong province on the property dispute between Mr. NTĐ. and his son, Mr. NVT, determined that Mr. NTĐ. and Mr. NVĐ. (deceased) were a legal couple, with 6 children. Mr. NVT is the second child. Mr. D. and his wife have common property including the right to use 278.6 m2 of land on plot number 46, map sheet number 7 in Co Bi commune, with a land use right certificate issued by the People's Committee of Binh Giang district. The property attached to the land is a level 4 house and ancillary works built by Mr. D. and his wife. Mr. D.'s husband passed away without leaving a will.

Ms. D. filed a lawsuit requesting the court to divide her husband's inheritance, which is half of the above-mentioned property, and at the same time requested to use and own all of her husband's inheritance in kind and to be responsible for paying the value of the inheritance to the remaining co-heirs.

However, Mr. NVT said that Mr. D. and his wife were the biological parents living in the house and land of his maternal grandparents, so he did not agree with Mr. D.'s request to file a lawsuit. In case the court determines the inheritance as the plaintiff presented, Mr. T. would like to use the entire plot of land and assets attached to the land in kind at plot No. 46 and is responsible for paying the value to the remaining co-heirs. Except for Mr. T., the remaining 5 children all agreed to give the inheritance to their biological mother, Mr. D., to use and own, and did not require Mr. D. to pay the value of the inheritance received.

According to the Trial Panel, based on land records over the periods and the testimonies of the parties, it is confirmed that the defendant, Mr. T., did not agree to divide the inheritance on the grounds that the above land use rights were unfounded; it is noted that the remaining 5 children of Mr. D. voluntarily donated the inheritance to their biological mother. Mr. T. also has another place to live.

The judgment decided to give Mr. D. the right to use the entire plot of land No. 46, map sheet No. 7 with an area of ​​278.6 m2.²and assets on the land include: a level 4 house with tiled roof, brick walls, two-story wooden attic; outbuildings, corrugated iron shed; 74.7 m2 red brick yard; 10 areca trees, 2 star apple trees (1 dead); 2 apricot trees, 2 jackfruit trees and 1 lychee tree. Confirmation of Mr. D's inheritance is half of the value of Mr. D's and his wife's common property with a total value of more than 581 million VND. Mr. D's inheritance is divided into 7 inheritance shares, each share is entitled to more than 83 million VND. Mr. D is responsible for paying Mr. T. the value of the inheritance that Mr. T. is entitled to, more than 83 million VND.

Forced return of house to mother

Although the verdict ordered the property to be transferred to Mr. D., in reality, Mr. T. is still managing and using the above house and land, and has not returned it to Mr. D.

On July 13, 2023, the Civil Judgment Enforcement Department of Hai Duong province enforced the transfer of the house and assets on the land according to the decision of the civil judgment dated December 10, 2021 of the Provincial People's Court against the judgment debtor, Mr. T., to hand over to Mr. D.

Previously, the Civil Judgment Enforcement Department of Hai Duong province had worked with, urged, and persuaded Mr. NVT to voluntarily comply, but Mr. T. deliberately refused to comply. During the enforcement session, Mr. T. continued to resist and obstruct the task force.

Thanks to good coordination and preparation of plans to handle arising situations, the enforcement process was carried out strictly and in accordance with the law, ensuring the safety of people and property. Thereby, protecting the legitimate rights and interests of the person subject to enforcement, ensuring that the judgment and decision of the court are enforced, demonstrating the strictness of the law.

This incident also warns of the moral degradation in today's society, even within the family. People who have maternal love but have disputes to the point of having to take each other to court, and the enforcement agency has to intervene.