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

From the petition

For nearly 2 years now, the family of Mrs. Nguyen Thi Lien (62 years old, hamlet 2, Quynh Giang commune, Quynh Luu) has had to live in a state of 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, Mrs. 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, Mrs. 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 concessions many times. But they still want to push us out onto the street, 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 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. Because according to the regulations at that time, any family with 2 sons over 18 years old would be granted a residential plot, 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, recorded 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 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, but these papers all showed signs of ambiguity.

Signs of uncertainty

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” established 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 property of her and her husband. In addition, the land on this plot of land is only 200m2 but is recorded as 898m2. The document also states that the money is 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 before 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 were owned by her husband’s sister, Lien would be left with nothing. Photo: Tien Hung

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

After that, Mrs. 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 was 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 transferee is Chu Son. In the contract, the confirmation of the Commune People's Committee does not have a time limit. 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 my husband and I, so my husband cannot unilaterally sell it without my consent," Ms. Lien said, 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) has 2 land covers.

For nearly two years now, Ms. Lien's family has been living in a state of 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 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 plot 104, map sheet 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 soon my family will have to live under a bridge or in a market corner," Ms. Lien said, adding that, to preserve family affection, she made a concession by accepting to give her husband's sister plot 104, but in return, Ms. Lien has the right to inherit the land plot she is living on. Although plot 104 of her and her husband's land 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 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 Mrs. 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, Mrs. Thu and her husband are wrong, very wrong. Who would take their brother's land and push his whole family out into the street like that? I do not defend anyone, even Mrs. 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, Mrs. Lien's family had many children and her husband was sick, so their family situation was very difficult. Meanwhile, his younger siblings, especially Mrs. 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 record, the judicial officer also commented "on the legal procedures for transfer, if brought to court, the land title may have to be canceled".