How does the Land Law regulate land use inheritance rights?
Are stepchildren entitled to inherit the property left by their stepfather or stepmother? What does the latest Land Law stipulate about land inheritance rights? This is a matter of concern for Mr. Nguyen Thanh Trung (Cua Lo Town, Nghe An).
Reply:
- Pursuant to Article 654 of the 2015 Civil Code, the inheritance relationship between stepchildren and stepfathers and stepmothers is stipulated as follows:
Stepchildren and stepfathers and stepmothers, if they have a relationship of care and upbringing like father and child, mother and child, are entitled to inherit each other's estate and also to inherit the estate according to the provisions of Articles 652 and 653 of this Code.
- As for the provisions on inheritance rights under the 2024 Land Law, Article 27 of the Land Law stipulates the rights to convert, transfer, lease, sublease, inherit, donate land use rights; mortgage, and contribute capital using land use rights as follows:
1. Land users are entitled to exercise the rights to convert, transfer, lease, sublease, inherit, donate land use rights; mortgage, and contribute capital using land use rights in accordance with the provisions of this Law and other relevant laws.
2. A group of land users who share land use rights have the following rights and obligations:
a. Groups of land users including household members and individuals have the same rights and obligations as individuals as prescribed by this Law.
In case a group of land users has a member that is an economic organization, it has the same rights and obligations as an economic organization as prescribed by this Law;
b. In case of a group of land users whose land use rights are divided into portions for each member of the group, if each member of the group wants to exercise his/her rights to his/her land use rights, he/she must register changes or separate the plot according to regulations, carry out procedures for granting a Certificate of land use rights and ownership of assets attached to the land and exercise the rights and obligations of a land user according to the provisions of this Law.
In case the land use rights of a group of land users cannot be divided into parts, the members shall jointly exercise or authorize a representative to exercise the rights and obligations of the group of land users.
3. Notarization and authentication of contracts and documents implementing land user rights are carried out as follows:
a. Contracts for transfer, donation, mortgage, capital contribution using land use rights, land use rights and assets attached to land must be notarized or certified, except for the case specified in Point b of this Clause;
b. Contracts for leasing, subleasing land use rights, land use rights and assets attached to land, contracts for converting agricultural land use rights; contracts for transferring, contributing capital in the form of land use rights, land use rights and assets attached to land, assets attached to land in which one party or parties participating in the transaction is a real estate business organization must be notarized or certified at the request of the parties;
c. Documents on inheritance of land use rights, land use rights and assets attached to land are notarized or certified in accordance with the provisions of civil law;
d. Notarization and certification shall be carried out in accordance with the provisions of law on notarization and certification.