Reviewing responsibility in the case of 'land dispute with many hidden aspects between siblings'
(Baonghean.vn) - After more than 1 year of Nghe An Newspaper's reflection, the Working Group of Quynh Luu District has concluded the case, in which the contents reflected by the newspaper are correct. The District has issued a document requesting a serious review of the individuals involved.
Cancel the red cover of the unknown
On August 8, a leader of the People's Committee of Quynh Luu district said that the district had just issued a document on handling after checking and reviewing the land dispute in hamlet 2, Quynh Lien commune. This is the case that Nghe An Newspaper reported in the article“Many irregularities in the land dispute between siblings in Quynh Giang”,Posted on July 4, 2022. Immediately after Nghe An Newspaper reported, Quynh Luu District People's Committee established a working group to review and inspect the content of the incident. After more than 1 year of investigation, the results showed that the content reported by Nghe An Newspaper was correct.
After receiving the inspection results report of the Working Group, the Chairman of the People's Committee of Quynh Luu district assigned the Department of Natural Resources and Environment to advise the People's Committee of the district to issue a document requesting the Department of Natural Resources and Environment to revoke and cancel the land use right certificate issued by the People's Committee of Quynh Luu district on January 2, 2004 in the name of Mr. Le Van Tho for land plot 104, map sheet No. 3, map 299 (ie plot 110, map sheet No. 22, digital cadastral map) in Quynh Giang commune.
The Chairman of the District People's Committee also assigned the People's Committee of Quynh Giang Commune and the Department of Natural Resources and Environment to seriously review the responsibilities of relevant individuals in the incorrect examination, appraisal, and consultation that led to the District People's Committee granting the land use right certificate for this plot of land to Mr. Le Van Tho's household in violation of regulations. At the same time, assigned the Department of Home Affairs to guide the Department of Natural Resources and Environment and the People's Committee of Quynh Giang Commune to seriously review the responsibilities of relevant individuals who allowed the existence and shortcomings mentioned in this conclusion to occur. Report to the District People's Committee before September 30, 2023.
Previously, in a petition for help sent to Nghe An Newspaper, Ms. Nguyen Thi Lien (62 years old, Hamlet 2, Quynh Giang Commune), said that her family was at risk of being left penniless and pushed out onto the streets by her own relatives. Ms. Lien's husband, Mr. Chu Son, is the second son in a family of 10 siblings. Among them, there are 7 sisters and 3 sons. In 1978, the family was granted land plot No. 104, map sheet No. 3 (BD 299) by the Quynh Giang Commune Agricultural Cooperative, right in the middle of Hamlet 2. In 1982, after the eldest brother died, Mr. Son and Ms. Lien were allowed by their parents-in-law to live separately and then live and produce stably on this plot of land. In 1995, the People's Committee of Quynh Luu district issued land use right certificate No. D 0853939, registered in book No. 456 QSDD/388 QDUB under the name of the household owner Chu Son.
In 2000, Ms. Lien's mother-in-law passed away. As the eldest son, Mr. Son and Ms. Lien had to take their 5 children to their parents-in-law's house to live, both to worship their mother and to take care of their elderly father. The couple's plot of land number 104 had to be left empty, allowing neighbors to grow vegetables. In early 2021, Ms. Lien and her husband were shocked to see her husband's sister's family, Ms. Chu Thi Thu and Mr. Le Van Tho, hire someone to build a business store right on their land without asking for permission. After arguing, Ms. Lien was even more surprised when her husband's sister was also granted a land use rights certificate for this plot of land. This certificate was issued in 2004. In addition, Ms. Thu also presented a transfer paper and a transfer contract from 2003, but these papers all showed signs of ambiguity.
This puts Ms. Lien and her children at risk of being left penniless and pushed out onto the streets, because the house they are currently living in to worship is also named after her husband's father and younger brother.
More than 1 year of testing and review
Immediately after Nghe An Newspaper reported, the Chairman of Quynh Luu District People's Committee haddecided to establish a working group to inspect and review.After more than 1 year of investigation, the inspection results showed that the suspicious signs reported by Nghe An Newspaper were correct.
According to the inspection results, in the Land Use Rights Transfer Contract for plot 104, map sheet number 3 (map 299), area 898m, in Quynh Giang commune established on July 30, 2003, it is shown that: In section 1, the party transferring the land use rights is Mr. Chu Son, without the participation of Ms. Nguyen Thi Lien. In section 2, the party receiving the land use rights transfer is Mr. Le Van Tho. Meanwhile, in the signature section of the parties, the transferor is written as Le Tho, the transferee is written as Chu Son (contradicting the content recorded in sections 1 and 2 above), there is no signature of Ms. Nguyen Thi Lien (Mr. Chu Son's wife) signing the contract.
In addition, in section 1, part II, the section recording the inspection content of the People's Committee of Quynh Giang commune has been confirmed by the People's Committee of Quynh Giang commune but the inspection time of the People's Committee of Quynh Giang commune is not filled in according to the form.
Therefore, the Working Group concluded that the land use rights transfer contract No. 376/CN established on July 30, 2003 between Mr. Chu Son and Mr. Le Van Tho did not comply with the law. The names of the transferor and transferee in the sections of the contract (transferor section, transferee section, signature confirmation section of the parties) were not consistent with each other. On the other hand, this land plot was granted a land use rights certificate by the State in 1995 under the name of Mr. Chu Son. At this time, Mr. Chu Son and Ms. Nguyen Thi Lien were married. The right to use this land plot was an asset arising during the marriage of Ms. Nguyen Thi Lien and Mr. Chu Son. Thus, the right to use the above land plot is the common property of Mr. Chu Son and Ms. Nguyen Thi Lien. However, in the land use rights transfer contract No. 376/CN established on July 30, 2003, the transferor only shows Mr. Chu Son, only Mr. Chu Son signed the transfer contract, which is not in accordance with the regulations because Mr. Chu Son cannot decide on his own the entire right to use this land plot without Ms. Nguyen Thi Lien's consent. The fact that the People's Committee of Quynh Giang commune confirmed the contract but did not show the time of confirmation is not in accordance with the law.
“The shortcomings and problems in confirming, appraising the dossier, advising the District People's Committee to issue the land use right certificate No. Y315842 dated January 2, 2004 to Mr. Le Van Tho and Ms. Chu Thi Thu according to the Land Use Right Transfer Contract No. 376/CN established on July 30, 2003, which is not in accordance with legal regulations, are the responsibility of the Chairman of the Commune People's Committee (Mr. Tran Van Duyen) and related professional officials of the Quynh Giang Commune People's Committee in 2003, the leader of the District Land Administration Department (Mr. Dau Duc Nam, Deputy Head of the Land Administration Department) and related professional officials (now the Department of Natural Resources and Environment)”, the conclusion of the Working Group stated.
After the inspection results, the Chairman of the People's Committee of Quynh Luu district assigned the units to guide Ms. Nguyen Thi Lien and Mr. Le Van Tho to organize a conciliation to determine the ownership and right to dispose of land plot 104, map sheet No. 3 (map 299) in Quynh Giang commune or send a petition to the People's Court to initiate a lawsuit to dispute the Land Use Rights Transfer Contract No. 376/CN established on July 30, 2003 between Mr. Chu Son and Mr. Le Van Tho, determining the ownership and right to dispose of land plot 104, map sheet No. 3 (map 299) in Quynh Giang commune and the property is a house attached to a factory with an area of about 270m2.2, built in 2020 by the family of Mr. Le Van Tho and Ms. Chu Thi Thu. After the successful conciliation or the final conclusion of the People's Court, citizens will go directly to the People's Committee of Quynh Giang commune, the Branch of the Land Registration Office of Quynh Luu district to be guided on how to carry out the documents and procedures to request a certificate of land use rights according to regulations.
