THỦ TỤC CHO NHÀ ĐẤT CHO NGƯỜI DƯỚI 18 TUỔI
Hello lawyer I have 1 question to ask a lawyer is: my mother had one piece of land 30m2 want to leave to my son before she died. But now my son was a child 8 years old, she wrote the paper to me as temporary management daughters, look after the land until my son was 18, then returned to him. So I need to do anything to the takeover procedure to that land until my son turns 18. I sincerely thank you.
Regarding your question, Lawyers advise as follows:
If handwritten mother you leave you meet the conditions stipulated in the following may be considered legitimate testaments of your mother.
Article 652. Wills legitimate – the Civil Code 2005
1. The testament is considered legally must meet the following conditions:
a) The testator lucid, lucid while the testator; not deceived, threatened or coerced;
b) Content testament not contrary to law and social ethics; testamentary form is not contrary to the provisions of law.
2. The will of a person who is full fifteen years and under eighteen years of age must be made in writing and must be parents or guardians consent.
3. The will of a person with limited physical or illiterate people to be witnesses in writing and notarized or authenticated.
4. written testament without notarization, authentication is considered legitimate only if it meets the conditions specified in paragraph 1 of this article.
5. oral testament shall be considered legitimate if the oral testator expresses his last will in front of at least two witnesses and after that the witnesses recorded, the same sign or fingerprint . Within five days from the date of the oral testator expresses her last will, the testament must be notarized or authenticated.
Article 653. The content of the written testament – the Civil Code 2005
1. The testament must indicate:
a) The date of the testator;
b) The full name and residence of the testator;
c) Full name of person, agency or organization entitled to the estate or determine the conditions for individuals, agencies and organizations have been given heritage;
d) Heritage leave and where heritage;
e) The person appointed to perform the obligation and the content of the obligation.
2. testament not be abbreviated or written notation; if testaments many pages, each page must be numbered and signed or fingerprinted by the testator.
After your mother died, wills arise effect, you can contact the notarization practice organizations within the province or city under central authority where the land to make the procedures of getting heritage accounting as prescribed by law.
You need to prepare basic documents to document the legacy confessed as:
- The death certificate of the mother;
- Certificate of ownership, the land use rights;
- Identity card, birth certificate, residence of the person entitled to the estate by will.
Meanwhile according to the testament, you will be the manager, to look after the land until you were 18 years old son.
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