Land has not been transferred, inheritance has not been divided, brothers dispute - how to handle it in accordance with the law

Lawyer Trinh Van Dung (Hanoi Bar Association) said that in many cases of resolving inheritance disputes in families, mediation is always considered a priority option before suing in court.

The fact that brothers and sisters self-exchange and agree on how to divide land use rights helps reduce stress, save time and limit the occurrence of legal costs. In fact, many disputes last for many years just because the parties do not sit down to negotiate from the beginning.

If the parties cannot agree on their own, they can request mediation at the commune-level People's Committee where the disputed land is located. In some cases of land disputes, mediation minutes are also mandatory documents when filing lawsuits in court.

The successful mediation record is valid to prove the agreement between the parties and can be used to carry out procedures for transferring or dividing inheritance according to legal regulations. Conversely, if the mediation fails, this will be an important basis for the court to consider accepting the land inheritance dispute case," the lawyer said.

In case co-heirs do not reach a common voice on the division of land use rights, according to the lawyer, one or more people can carry out procedures to sue for division of land inheritance assets to request the court to resolve according to legal regulations.

The conditions for initiating a lawsuit usually include the basis for determining legal inheritance rights, the existence of actual disputes between the parties and the leftover inheritance that has not been legally divided. In addition, the plaintiff needs to prepare documents proving inheritance relations such as birth certificates, household registration books, death certificates and documents related to land use rights.

In many cases, internal mediation or mediation at the commune-level People's Committee has been carried out but failed because the parties could not agree on the land division ratio or land management rights. At that time, filing a lawsuit in court is a necessary legal option to protect their rights.

The person with the right to sue includes legal or will-based co-heirs, people with related rights to inheritance and individuals who argue that their legitimate inheritance rights are being infringed upon.

For the court to accept the case, the plaintiff needs to prepare complete documents related to the lawsuit process of dividing land inheritance assets. The most important component is the lawsuit file according to the court's form. The content of the petition needs to clearly state the information of the plaintiff, the defendant, the origin of the disputed land, the request for inheritance division and the legal basis related to the inheritance land use right dispute case.

In addition, the dossier must have a death certificate of the person who left the inheritance to determine the time of opening inheritance. This is an important basis for calculating the statute of limitations for initiating a lawsuit and determining the line of inheritance according to legal regulations.

The plaintiff also needs to provide documents proving inheritance relations such as birth certificates, household registration books, citizen identification cards, marriage registration certificates or documents confirming legal nurturing relationships if any.

In addition, land use right certificates, transfer contracts, house and land declaration papers, mediation minutes and documents related to land use rights also need to be submitted as a basis for resolving disputes.

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