Many irregularities in the land dispute between siblings in Quynh Giang (Quynh Luu)

From the petition

For nearly 2 years now, the family of Ms. Nguyen Thi Lien (62 years old, hamlet 2, Quynh Giang commune, Quynh Luu) has had to live in insecurity because of the risk of being pushed out onto the street at any time. In a petition for help sent to Nghe An Newspaper, Ms. Lien said that there was no other way, and she had to bring the case to the authorities as a last resort. Because the people involved in the case are all siblings in the family. Her husband passed away half a year ago, Ms. Lien and her children are living in a dilapidated house but it is under the name of her father-in-law, who is 95 years old this year. As for the legal land of her and her husband, the government suddenly granted a red book to her husband's sister's family.

“To maintain family affection and honor for the children, we have made many concessions. But they still want to push us out onto the streets, pushing us into poverty,” Ms. Lien said, tears rolling down her haggard face.

Ms. Lien holds the red paper of plot number 104. Photo: Tien Hung

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 Quynh Giang Commune Agricultural Cooperative granted the family plot of land No. 104, map sheet No. 3 (BD ​​299), right in the middle of hamlet 2. According to the regulations at that time, any family with 2 sons over 18 years old would be granted a plot of land for living, free of charge. At that time, this family was eligible because Mr. Son and his eldest brother were both over 18 years old.

Nearly a year later, in early 1979, Mr. Son's eldest brother died on the battlefield. Therefore, in 1982, Mr. Son and Mrs. Lien were allowed by their parents-in-law to live separately and then live and work stably on this plot of land. In 1995, the People's Committee of Quynh Luu district issued a land use right certificate No. D 0853939, registered in book No. 456 QSDD/388 QDUB under the name of the household owner, Chu Son. "With the above bases, it is clear that plot of land No. 104, map sheet No. 3 (BD ​​299) is the legal property of my husband and I," said Ms. Lien.

This plot of land number 104 was used by Ms. Lien's sister-in-law to build a business store. Photo: Tien Hung

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, Chu Thi Thu, 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 right 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, but these papers all showed signs of ambiguity.

Signs of confusion

According to Ms. Nguyen Thi Lien, these documents are all illegal and have no legal value. They even forged her husband's signature.

Specifically, in the document called “land transfer paper” made in 2000, it is stated that the parties transferring the land are Mr. Chu Tan Luc (head of the family) and Mr. Chu Son (eldest son). The parties buying the land are Ms. Chu Thi Thu and her husband Le Van Tho. The content of the transfer paper only briefly states that this land plot is transferred to Mr. Tho and Mrs. Thu for 10 million VND.

However, according to Ms. Lien, the document has no legal value because Mr. Chu Tan Luc (father-in-law) does not have the right to sell the couple's property. In addition, the land on this plot of land is only 200m2 but is recorded as 898m2. The document also states that the money was transferred to a non-existent person named Chu Luc. This document is also not in the local tax records. Notably, Ms. Lien's husband, until his death, always affirmed that he did not sign this document.

Lien and her children currently live in a dilapidated house, registered under her 95-year-old father-in-law’s name. If plot 104 belongs to her husband’s sister, Lien will be left with nothing. Photo: Tien Hung

According to the reporter's notes, Mr. Chu Son's signature on this paper is also very different from his signature on many other documents that his family still retains.

After that, Ms. Thu's family presented another document called the Land Use Rights Transfer Contract. However, this contract also showed signs of serious violations of the law.

Specifically, before his death, Mr. Son always affirmed that his signature had been carelessly forged. In addition, according to the document in Part I, the transferor is Chu Son, the recipient is Le Van Tho, but at the end of the document, the transferor is Le Tho, the recipient is Chu Son. In the contract, the confirmation of the Commune People's Committee does not have a time. This document also has no transfer value, no payment method, no delivery and receipt paper. "My husband did not sign. And even if my husband signed, it could not be sold. Because this land plot is the legal property of me and my husband, so my husband cannot unilaterally sell it without my consent," said Ms. Lien, adding that currently, her family's land use right certificate for land plot 104, map sheet 3 (BD ​​299) is legally valid because the competent authority has not confirmed any changes after the date of issuance of the cover on October 5, 1995. Thus, land plot number 104, map sheet number 3 (BD ​​299) currently has 2 land covers.

For nearly 2 years now, Ms. Lien's family has been living in insecurity because of the risk of having to pack up and "hit the streets" at any time. Photo: Tien Hung

The land plot that Ms. Lien's family is living on to worship their ancestors and her mother-in-law is still the legal property of her father-in-law, Mr. Chu Tan Luc, and her husband's younger brother, Chu Thanh Nam, as shown on the two land use right certificates. "Thus, if land plot number 104, map sheet number 3 (BD ​​299), belongs to the couple Le Van Tho - Chu Thi Thu, my family will be left empty-handed, without any land to live on, and one day not far away my family will have to live under a bridge or in a market corner," Ms. Lien said, adding that in order to preserve family ties, she made a concession by accepting to give her husband's sister land plot number 104, but in return, Ms. Lien has the right to inherit the land plot she is living on. Although land plot number 104 of her and her husband is much more valuable than the land plot in her father-in-law's name where she and her children are living. However, her brothers-in-law, especially Ms. Chu Thi Thu, still strongly disagreed. Meanwhile, the land owner, Mr. Chu Tan Luc, is 95 years old and no longer lucid.

Discussing this incident, Mr. Le Xuan Hao (60 years old, hamlet chief of hamlet 2, Quynh Giang commune), said that not only has he been the hamlet chief for many years, his family also lives opposite plot number 104 of land owned by Ms. Lien and her husband, so he knows very well the origin of the land, as well as the process of the incident.

“That land belongs to Ms. Lien and her husband, and the government has issued a red book for it since 1995. I have lived here for 60 years and I know everything. Not to mention the legal aspect of the transfer papers that show signs of ambiguity, just talking about the situation, Ms. Thu and her husband are wrong, very wrong. Who would take their brother's land and push his whole family out onto the street like that? I do not defend anyone, even Ms. Thu's family and I are relatives. I only defend what is right. When he was alive, Mr. Chu Son always affirmed that he did not sign the transfer papers. I also looked through the documents, and it did not match Mr. Son's signature,” Mr. Hao said, adding that in the locality, Ms. Lien's family had many children and her husband was sick, so their family situation was very difficult. Meanwhile, his younger siblings, especially Ms. Thu, were very successful and famous in the area.

Ms. Lien said that the land transfer has no legal value. Photo: Tien Hung

Regarding this case, after receiving the petition of Ms. Lien and her husband, in March 2021, the People's Committee of Quynh Giang commune organized a mediation but failed. In the mediation minutes, the judicial officer also commented "on the legal procedures for transfer, if brought to court, the land title may have to be canceled".