Precedent No. 05/2016/AL

About the case of "Inheritance Dispute"

Approved by the Council of Judges of the Supreme People's Court on April 6, 2016 and promulgated under Decision No. 220/QD-CA dated April 6, 2016 of the Chief Justice of the Supreme People's Court.

Source of case law

Final judgment No. 39/2014/DS-GDT dated October 9, 2014 of the Council of Judges of the Supreme People's Court on the case of "Inheritance dispute" in Ho Chi Minh City between the plaintiffs Ms. Nguyen Thi Thuong, Ms. Nguyen Thi Xuan and the defendants Mr. Nguyen Chi Trai (Cesar Trai Nguyen), Ms. Nguyen Thi Thuy Phuong, Ms. Nguyen Thi Bich Dao; persons with related rights and obligations are Nguyen Thi Xe, Nguyen Chi Dat (Danforth Chi Nguyen), Nguyen Thuan Ly, Nguyen Thi Trinh, Nguyen Chi Duc, Nguyen Thi Thuy Loan, Pham Thi Lien, Pham Thi Vui, Tran Duc Thuan, Tran Thanh Khang.

Overview of case law

In an inheritance dispute case, there are parties who are entitled to receive a portion of the inheritance and have contributed to the management and improvement of the inheritance but do not agree to the division of the inheritance (because they believe that the statute of limitations for filing a lawsuit regarding inheritance has expired), and do not have a specific request to consider their contributions to the management and improvement of the inheritance; if the Court decides to divide the inheritance for the heirs, it must consider their contributions because the request not to divide the inheritance for the inheritance is greater than the request to consider their contributions.

Legal provisions relating to precedents

Clause 1, Article 5 and Article 218 of the 2004 Civil Procedure Code;

Keywords of case law

“Request to initiate a lawsuit”; “Counterclaim”; “Contributions to the management and restoration of inherited property”.

Contents of the case

In the lawsuit dated July 18, 2008 and during the settlement of the case, Ms. Nguyen Thi Thuong and Ms. Nguyen Thi Xuan stated: Their parents are Mr. Nguyen Van Hung (died in 1978), Ms. Le Thi Ngu (died in 1992) and have 6 children: Ms. Nguyen Thi Xe, Mr. Nguyen Chi Trai, Ms. Nguyen Thi Xuan, Ms. Nguyen Thi Thuong, Ms. Nguyen Thi Trinh and Mr. Nguyen Chi Trai. Mr. Trai has a wife, Ms. Ong Thi Manh and has 5 children: Mr. Nguyen Thuan Ly, Mr. Nguyen Thuan Huy, Ms. Nguyen Thi Quoi Duong, Mr. Nguyen Chi Dat (born in 1966) and Mr. Nguyen Chi Dat (born in 1968). In Decision No. 413/2008 dated March 31, 2008, the People's Court of Ho Chi Minh City declared Mr. Trai, Ms. Manh, Mr. Thuan Huy, Ms. Quoi Duong, Mr. Nguyen Chi Dat (born in 1968) to be dead.

House No. 263 Tran Binh Trong Street, Ward 4, District 5, Ho Chi Minh City was transferred by Mr. Hung and Mr. Ngu from Mr. Dao Thanh Phung in 1953. In 1966, the two of them built the house as it is today. The house and land have not been granted a certificate of house ownership and land use rights, and were only declared in 1999. Mr. Hung and Mr. Ngu died without leaving a will. The house is currently managed by Ms. Nguyen Thi Thuy Phuong, the daughter of Mr. Nguyen Chi Trai. During the management process, Ms. Phuong rented part of the house to Ms. Nguyen Thi Bich Dao to use as a bakery. When Ms. Phuong was here, the house was repaired but not significantly. Mr. Trai and his wife did not contribute anything to the construction and repair because Mr. Trai went to re-education, and Ms. Tu, Mr. Trai's wife, had no job, and her children were still young and had no income to contribute money. If Ms. Phuong has evidence to prove the repair costs and requests, the women will pay.

The plaintiffs requested to divide the inheritance of this house according to the law and to receive the house and refund the money to the other heirs. Ms. Phuong is not eligible to inherit and must return the house. They did not agree to support Ms. Phuong to move elsewhere.

The defendant, Ms. Nguyen Thi Thuy Phuong, stated: She agreed on the family relationship. Her father is Mr. Nguyen Chi Trai, her mother is Mrs. Nguyen Thi Tu, she has 3 children including her, Mr. Nguyen Chi Duc, Ms. Nguyen Thi Thuy Loan (Mr. Duc, Ms. Loan currently live in Canada). The house at 263 Tran Binh Trong Street was bought by her grandparents in 1953, at that time it was a tiled house with wooden walls. In 1955, her father married her mother and her parents lived in this house. In 1978, her father emigrated to the US, her mother died in 1980. She has lived in this house since she was a child, has repaired the house many times such as making aluminum doors, building walls on the mezzanine, paving ceramic tiles on the terrace, building walls behind the house. She has a share of her father's inheritance because in 2006, her father made a deed to give her the inheritance property in Vietnam, so she is entitled to the share of her father's inheritance from Mr. Hung and Mr. Ngu. She did not agree with the plaintiffs' request because the statute of limitations for inheritance division had expired, and she and her two children were currently living in this house. She rented part of the house to Ms. Nguyen Thi Bich Dao to use as a bakery, and she and Ms. Dao would resolve the matter of renting the house themselves.

The defendant, Mr. Nguyen Chi Trai, stated: In the document dated October 14, 2009, Mr. Trai submitted a request stating that on April 25, 2006, he had a document giving away his inheritance to Ms. Phuong to receive the inheritance that he received from his parents in Vietnam. Now, he requests to cancel the above document and by this document, he authorizes Ms. Thuong and Ms. Xuan to represent him in court. When the court finishes the trial, all of his inheritance will be given to his son, Mr. Nguyen Chi Duc, who is currently residing in Canada.

After the first instance trial, on April 22, 2010, Mr. Trai submitted a written statement stating that he did not agree to divide the inheritance of the house at 263 Tran Binh Trong and gave it to Ms. Phuong to continue to take care of and live in. He and his wife had contributed money to this house. However, on July 14, 2010, Mr. Trai submitted a written statement stating that he gave his son, Mr. Nguyen Chi Duc, the portion of the property he inherited from his parents. On March 11, 2011, Mr. Trai submitted a written statement stating that he agreed with the decision of the first instance judgment and that he did not appeal.

Persons with related rights and obligations:

- Mrs. Nguyen Thi Trinh (daughter of Mr. Hung and Mr. Ngu) stated: She agrees with the plaintiffs' statements about the family relationship and the origin of the property. In 1966, the house was damaged, her parents repaired the house with contributions from her children, including her, but she did not claim the portion she contributed. Ms. Phuong's claim that her parents and she contributed to the house repair is incorrect. She requested that her inheritance be handed over to Ms. Xuan and Ms. Thuong to manage; requested that Ms. Dao and Ms. Phuong return the house.

- Mr. Nguyen Chi Dat (born in 1966), Mr. Nguyen Thuan Ly stated: Their parents, Mr. Nguyen Chi Trai, Mrs. Ong Thi Manh and their 3 younger siblings all died at sea while crossing the border in 1982. They agreed with the plaintiff's opinion on inheritance division, asked to inherit the property of Mr. Hung and Mr. Ngu and handed it over to Ms. Thuong and Ms. Xuan for management.

- Ms. Nguyen Thi Xe (daughter of Mr. Hung and Mr. Ngu) agrees with the plaintiffs' presentation on family relationships and the plaintiffs' requests, the inheritance portion she is entitled to is for her two children, Pham Thi Vui and Pham Thi Lien.

- According to the testimony of Ms. Nguyen Thi Thuy Loan and Mr. Nguyen Chi Duc according to the power of attorney dated May 21, 2007 (which has been consularly legalized), Ms. Loan and Mr. Duc authorized Ms. Phuong to decide all matters related to disputes or division of assets and real estate in Vietnam (This power of attorney was presented by Ms. Phuong according to her application dated March 25, 2011, after the first instance trial).

Ms. Loan submitted a petition (with a power of attorney attached) requesting to be absent from the court hearing on August 13, 2009. Regarding the disputed property, her parents contributed money, while her other aunts and uncles did not contribute anything. After 1975, everyone left, leaving only Ms. Phuong to live with her grandparents. She requested the Court to allow Ms. Phuong to stay in the disputed property.

In the Civil Judgment at First Instance No. 3363/2009/DSST dated November 18, 2009, the People's Court of Ho Chi Minh City decided:

- Determine the house and land at 263 Tran Binh Trong as the inheritance of Mr. Nguyen Van Hung and Ms. Le Thi Ngu; each inheritance portion is 10,655,687,000: 6 = 1,775,947,800 VND.

- Force Ms. Phuong and Ms. Dao to hand over the disputed house and land to Ms. Thuong and Ms. Xuan. Ms. Thuong and Ms. Xuan are responsible for paying the other heirs with the money they are entitled to.

- Recorded that Mr. Nguyen Chi Trai gave his son, Mr. Nguyen Chi Duc, a portion of his inheritance.

On November 30, 2009, Ms. Nguyen Thi Thuy Phuong filed an appeal stating that Mr. Hung and Mr. Ngu had been dead for more than 10 years, so the statute of limitations for filing a lawsuit regarding inheritance had expired.

On March 15, 2011, Ms. Phuong filed an appeal with additional content:

- Your father, Mr. Trai, did not agree to divide and agreed to let you manage this house. The co-heirs did not have a document confirming that the disputed house is a joint property that has not been divided. Your parents and children, including you, have lived stably for more than 50 years in this house, have preserved and maintained the house, but now forcing you and your children to leave the house is unreasonable.

In Civil Appeal Judgment No. 116/2011/DS-PT dated May 10, 2011, the Court of Appeal of the Supreme People's Court in Ho Chi Minh City decided: Uphold the First Instance Judgment.

On June 16, 2011, Ms. Nguyen Thi Thuy Phuong submitted a request for a review of the above Civil Appeal Judgment.

In Decision No. 158/2014/KN-DS dated May 6, 2014, the Chief Justice of the Supreme People's Court appealed the above-mentioned Civil Appeal Judgment; requested the Council of Judges of the Supreme People's Court to review the case and annul the above-mentioned Civil Appeal Judgment and the Civil Judgment at First Instance No. 3363/2009/DSST dated November 18, 2009 of the People's Court of Ho Chi Minh City; and transfer the case file to the People's Court of Ho Chi Minh City for retrial at first instance in accordance with the provisions of law.

At the appeal hearing, the representative of the Supreme People's Procuracy agreed with the appeal of the Chief Justice of the Supreme People's Court.

Court opinion

Mr. Nguyen Van Hung (died in 1978) and his wife, Ms. Le Thi Ngu (died in 1992) had 6 children including Mrs. Nguyen Thi Xe, Mr. Nguyen Chi Trai, Mrs. Nguyen Thi Xuan, Mrs. Nguyen Thi Thuong, Mrs. Nguyen Thi Trinh and Mr. Nguyen Chi Trai. Mr. Nguyen Chi Trai and his wife, Ms. Ong Thi Manh, had 5 children including Mr. Nguyen Thuan Ly, Mr. Nguyen Thuan Huy, Ms. Nguyen Thi Quoi Duong, Mr. Nguyen Chi Dat (born in 1966), Mr. Nguyen Chi Dat (born in 1968). Mr. Trai, Ms. Manh, Mr. Huy, Ms. Duong, Mr. Nguyen Chi Dat (born in 1968) were declared dead on March 31, 2008 according to Decision No. 413/2008 dated March 31, 2008 of the People's Court of Ho Chi Minh City.

Mr. Hung and Mr. Ngu both died without leaving a will. Their children and Ms. Phuong (Mr. Trai's daughter) all acknowledged that the house at 263 Tran Binh Trong Street, Ward 4, District 5, Ho Chi Minh City, which Mr. Hung and Mr. Ngu received as a transfer from Mr. Dao Thanh Phung in 1953, was the property they had created, and is currently being managed and used by Ms. Phuong.

In 2008, Ms. Xuan and Ms. Thuong filed a lawsuit requesting to divide the inheritance left by Mr. Hung and Mr. Ngu.

The parties all determined that Mr. Trai settled in the US before July 1, 1991. The court of first instance and the court of appeal based on Resolution 1037/2006/NQ-UBTVQH11 dated July 27, 2006 of the Standing Committee of the National Assembly determined that the statute of limitations for filing an inheritance lawsuit regarding Mr. Hung's estate was still valid. Regarding Mr. Ngu's estate, the statute of limitations for filing a lawsuit to request inheritance division had expired, but Mr. Trai and the co-heirs of the two elders all acknowledged that Mr. Ngu's estate was the common property of the undivided heirs and all agreed to divide it equally among the heirs. Therefore, the Court of First Instance and the Court of Appeal based on Sub-Section a, Point 2.4, Section 2, Part I of Resolution No. 02/2004/NQ-HDTP dated August 10, 2004 of the Council of Judges of the Supreme People's Court guiding the application of law in resolving civil, marriage and family cases to divide Mr. Ngu's inheritance among the heirs is well-founded.

Mr. Hung died in 1978, according to the provisions of the 1959 Law on Marriage and Family, Mr. Trai was entitled to 1/7 of Mr. Hung's inheritance. The property Mr. Trai received from Mr. Hung was the joint property of Mr. Trai and Mrs. Tu. Mrs. Tu died in 1980, Mrs. Tu's heirs included Mr. Trai and 03 children of Mr. Trai and Mrs. Tu, including Ms. Phuong. Thus, Ms. Phuong was entitled to a part of her mother's property, Ms. Tu, but Mr. Trai's decision to decide the entire inheritance he received from Mr. Hung to Mr. Duc was incorrect.

Ms. Phuong was born in 1953 and the parties determined that Ms. Phuong has lived in her grandparents' house since she was a child. Since 1982, Ms. Phuong has been the registered owner of this house and land. Mr. Ngu is still alive but lives elsewhere. Ms. Thuong moved her registered residence here in 1979 but has not lived here, so Ms. Phuong has directly managed and used the disputed house and land since Mr. Ngu's death until now. The other parties all have stable residences elsewhere. When dividing the inheritance and common property, the Court of First Instance and the Court of Appeal did not consider creating conditions for Ms. Phuong to have a place to live but forced Ms. Phuong to hand over the house to the plaintiffs, including the property rights that Ms. Phuong inherited from her mother, Ms. Tu, which is not appropriate.

Although Ms. Phuong is not the first-line heir of Mr. Hung and Mr. Ngu, she is their granddaughter and has made a lot of effort in managing and spending money to repair the house, but during the process of resolving the case, Ms. Phuong did not request to consider the effort because Ms. Phuong thought that the case had expired the statute of limitations for inheritance division, and did not agree to return the house and land to the heirs. Thus, Ms. Phuong's request to determine the rights is greater than the request to consider the effort, but the Court of First Instance and the Court of Appeal did not consider Ms. Phuong's effort, which is not a thorough resolution of the litigant's request.

For the above reasons, pursuant to Clause 3, Article 297, Clauses 1 and 2, Article 299 of the Civil Procedure Code as amended and supplemented in 2011;

Decision

Annul the entire Civil Appeal Judgment No. 116/2011/DS-PT dated May 10, 2011 of the Supreme People's Court of Appeal in Ho Chi Minh City and annul the entire Civil First Instance Judgment No. 3363/2009/DSST dated November 18, 2009 of the People's Court of Ho Chi Minh City regarding the property inheritance dispute case between the plaintiffs Ms. Nguyen Thi Thuong and Ms. Nguyen Thi Xuan and the defendant Ms. Nguyen Thi Thuy Phuong and other persons with related rights and obligations.

Transfer the case file to the People's Court of Ho Chi Minh City for retrial according to the provisions of law.

Case law content

“Mr. Hung died in 1978. According to the provisions of the 1959 Law on Marriage and Family, Mr. Trai was entitled to 1/7 of Mr. Hung's inheritance . The property Mr. Trai received from Mr. Hung was the joint property of Mr. Trai and Mrs. Tu. Mrs. Tu died in 1980. Mrs. Tu's heirs included Mr. Trai and 3 children of Mr. Trai and Mrs. Tu, including Ms. Phuong.

Although Ms. Phuong is not a first-line heir of Mr. Hung and Mr. Ngu, she is their granddaughter and has made a lot of effort in managing and spending money to repair the house, but during the process of resolving the case, Ms. Phuong did not request to consider the effort because Ms. Phuong thought that the case had expired the statute of limitations for inheritance division , and did not agree to return the house and land to the heirs. Thus, Ms. Phuong's request to determine the rights is greater than the request to consider the effort, but the Court of First Instance and the Court of Appeal did not consider Ms. Phuong's effort, which is not a thorough resolution of the litigant's request."

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