DISPUTE OVER THE DIVISION OF INHERITANCE

Dispute: A claim for the court to divide the inherited estate among the legal heirs in accordance with the law.

Matter in Brief: Mr. C and Mrs. T were husband and wife with three children. In 2008, Mr. C and Mrs. T received a transfer of land use rights at No. X, Y Street, Binh Hung Hoa Ward, Binh Tan District, Ho Chi Minh City from Mr. V, but had not yet completed the procedures to obtain a Certificate of land use rights. In 2018, Mr. C’s family was murdered. The case was resolved by the People’s Court of Ho Chi Minh City. Regarding the civil aspect, the presiding authorities decided to return the following property to Mr. Q, Mrs. L (Mrs. T’s parents) and Mrs. D (Mr. C’s mother and the only heir of the first inheritance class): (i) A black leather wallet (containing 6.080.000 VND); (ii) A pink leather handbag (containing 3.680.000 VND, a gold chain, a pair of yellow metal earrings adorned with white gemstones); (iii) A safe (containing 93.350.000 VND, a gold ring with the words “Kim Thanh”, a bent gold ring and a Vietcombank ATM card in Mr. C’s name); (iv) A red Honda SH motorcycle; (v) A Yamaha Exciter motorcycle; (vi) A Yamaha motorcycle; (vii) A red motorcycle. In addition, during their lifetime, Mr. C and Mrs. T had established a common property, which was a plot of land with a factory building at No. X, Y Street, Binh Hung Hoa Ward, Binh Tan District.

Client’s Request: The co-heirs of Mr. C and Mrs. T have been unable to reach a consensus regarding the division of the inherited estate. Consequently, Mr. Q and Mrs. L, as co-heirs, have requested TAPHALAW to provide legal consultancy, representation and protection of their lawful rights and interests in the division of the inherited estate.

Attorney’s Work Performed:

– The attorney provided consultancy to Mr. Q and Mrs. L on potential settlement options for the division of the inherited estate; represented Mr. Q and Mrs. L in negotiations with Mrs. D to resolve the matter.

– Despite multiple attempts to negotiate with Mrs. D, including a mediation at the Binh Hung Hoa Ward People’s Committee, Mrs. D has remained unwilling to cooperate and has obstructed the process of inventorying the inherited estate. Therefore, the attorney advised Mr. Q and Mrs. L on the preparation of a lawsuit and represented them in the subsequent first-instance proceedings.

Dispute Resolution Outcome:

Following two mediation sessions at the Court, TAPHALAW Attorneys represented the client, assisting them in negotiating with the other parties. The parties successfully reached an agreement on the division of the inherited estate as desired by Mr. Q and Ms. L. The Court has issued a Decisions to recognize the agreements of the involved parties, specifically:

(i) The parties have agreed to divide the movable property among themselves.

(ii) Regarding the immovable property, a house and land located at No. X, Y Street, Binh Hung Hoa Ward, Binh Tan District:

Mrs. D will receive the kind property, while Mr. Q and Mrs. L will receive the value of the land use rights equivalent to the amount of VND 1.000.000.000 (one billion Vietnamese Dong).

Mrs. D will make the payment to Mr. Q and Mrs. L in two installments as follows: Installment 1: at the latest on November 15, 2024, Mrs. D will pay VND 500.000.000 (five hundred million Vietnamese Dong); Installment 2: at the latest on December 30, 2024, Mrs. D will pay VND 500.000.000 (five hundred million Vietnamese Dong). If the payment is delayed, Mrs. D shall pay an interest arising from late payments as 15% per annum on the overdue amount, calculated from the due date.