MẸ MẤT, CHA CÓ NGƯỜI YÊU, CON MUỐN CHIA TÀI SẢN NHƯ THẾ NÀO?
His mother was married three years. Having 3 children, two girls and one boy. She died late in 2012. He had a new lover, and so we want to divide the property to retain ut.Cho you asked me how the division.
Here is the advice of a lawyer:
For your concerns we would give some advice as follows:
To be able to divide the inheritance of your mother in this case those in the first row of maternal inheritance you (your grandparents, your father, your brothers) (alive at the time of opening inheritance) should contact one of the organizations operating in the local notary or where the heritage is the property to make a written agreement on division of inheritance according to the following provisions:
Article 57. Notary written agreement heritage division – Notaries Act 2014
1. The legal heirs or testamentary wills in unspecified estate portion of each heir shall be entitled to require notarized written consent of dividing the estate.
In a written agreement on division of estate, real heir can donate all or part of their heritage which concedes to the other heirs.
2. If the estate is land use rights or assets required by law to register the ownership of notarial records request must have proof of land use rights, property ownership from leave that legacy.
Where the legal heir, the profile requires notarization must have proof of the relationship between the deceased and the beneficiaries of the estate in accordance with the law on inheritance. In case of inheritance by will, in records required to be notarized copy of the will.
3. A notary must check to determine the correct leaver who have land use rights, property ownership and who require notarization are who enjoy heritage; if it is not clear or there is evidence that the effects left a legacy and heritage is not lawful, refused requests notary or at the request of the person requesting notaries, notary conduct verification or assessment requirements.
Notarization practice organization responsible for listing the acceptance of the notarized written consent heritage division before performing the notarization.
4. Document sharing agreement was notarized heritage is one of the bases for the state agency authorized to register the transfer of land use rights, ownership of the property to the person entitled to the estate.
In case of dispute, the co-heirs do not agree to a written agreement on division of inheritance, one of the heirs to a civil action asking the court to divide the inheritance.
Courts have jurisdiction to resolve in this case is the people’s court in the district where the defendant resides or where the estate is real estate
Profile lawsuits include:
+ Birth certificates, civil ID card, marriage certificate, household registration book of the inheritance;
+ Mother’s death certificate (certified copy);
+ The declaration of the heritage;
+ Papers, documents proving ownership of your mother heritage
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