Statute of limitations for initiating lawsuits for division of inheritance in Vietnam
The statute of limitations for initiating lawsuits for division of inheritance is one of the notable provisions in civil disputes over inheritance. Failure to understand clearly the statute of limitations for inheritance will greatly affect the interests of the heir when the statute of limitations for inheritance has expired. Below is my advice on some detailed regulations on the issue of statute of limitations for filing a lawsuit to divide an inheritance, especially the statute of limitations for estates that are real estate and common property left by parents.
Legal grounds
- Civil Code 2015
What is Inheritance?
Inheritance is the transfer of property of the deceased to the subjects entitled to inherit. The property of the deceased is called an estate.
The estate includes the personal property of the deceased; the share of the deceased’s separate property in the property shared with others.
Accordingly, based on the provisions of Article 105 of the Civil Code 2015; property means objects, money, valuable papers, and property rights. Assets include real estate and movables. Real estate and movables can be existing assets and assets formed in the future.
Thus, inheritance understood as the property left by the deceased to the heirs.
What is the statute of limitations?
According to the provisions of the Civil Code 2015; the statute of limitations is a time limit prescribed by law, upon the end of which, legal consequences arise for the subject under the conditions prescribed by law. The statute of limitations for filing a lawsuit to divide the inheritance is; the time limit within which the subject has the right to request the court to settle the request for division of the inheritance; to protect the legitimate rights and interests of the heirs. If the statute of limitations for initiating a lawsuit ends, the subject loses the right to claim.
Statute of limitations for initiating lawsuits for division of inheritance concerning real estate inheritance
▪ For real estate, 30 years; from the time of opening the inheritance. The statute of limitations for an heir to request confirmation of his inheritance; or reject the inheritance right of another person for 10 years from the time of opening the inheritance.
▪ Inheritance case opened before September 10, 1990; then the statute of limitations for initiating lawsuits is the real estate from September 10, 1990. Thus, the statute of limitations for filing a lawsuit to divide the inheritance for real estate is 30 years from September 10, 1990.
Statute of limitations for initiating lawsuits for division of inheritance concerning movable inheritance
The statute of limitations for initiating lawsuits for division of inheritance for a movable property is 10 years from the date of opening the inheritance. The time limit for heirs to request confirmation of their inheritance rights, or reject the inheritance rights of others is also 10 years from the time of opening the inheritance.
Statute of limitations for initiating lawsuits for division of inheritance for common property left by parents
For the common property left by the parents, it is applied in case the ten-year time limit from the time of inheritance is opened but the co-heirs have no dispute over the inheritance rights and all acknowledge the estate left by the deceased person. If not divided, such estate shall be converted into common property of the heirs (point a, subsection 2.4, Part I of Resolution 02/2004/NQ-HDTP). The statute of limitations for initiating a lawsuit for division of property in this case applies is the statute of limitations for initiating a lawsuit for division of common property.
▪ In case there is a will and the co-heirs have no dispute and agree on the division of property; done according to the will, and the division of common property done according to the will.
▪ In case there is no will; where the co-heirs discuss the share each person is entitled to when there is a need to divide the property to be divided by agreement.
▪ In case there is no will and the co-heirs do not have an agreement on property division; the division of such common property shall comply with the provisions of the law on division of common property.
Who is entitled to inherit according to regulations?
In Article 676, the Civil Code stipulates the legal heirs.
1. The at-law heirs are specified in the following order:
a) The first line of inheritance includes: wife, husband, natural father, natural mother, adoptive father, adoptive mother; natural or adopted children of the deceased;
b) The second line of inheritance includes: grandfather, grandmother, maternal grandfather, grandmother, biological brother, sister, biological brother of the deceased; the biological grandchildren of the deceased and the deceased are grandfathers, grandmothers, maternal grandfathers, grandmothers;
c) The third line of inheritance includes: paternal and maternal great-grandfathers of the deceased; biological uncle, biological uncle, biological uncle, aunt, biological aunt of the deceased; the biological grandchildren of the deceased and the deceased are biological uncles, biological uncles, biological uncles, biological aunts, biological aunts; great-grandson of the deceased, but the deceased is a paternal great-grandfather.
Legal consequences when the statute of limitations expires on the division of inheritance
The main legal consequence when the statute of limitations expires to file a lawsuit to divide the inheritance is that the heir loses the right to sue. This seriously affects the rights of the heirs to the estates to which they entitled. Specifically:
– When the statute of limitations for inheritance expires as prescribed by law; the estate belongs to the heir who is administering the estate.
– In case no heir is managing the estate, the estate belongs to the possessor according to Article 236 of the Civil Code; an estate belongs to the State if no one is possessing it.
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Frequently asked questions:
The cases specified in Article 156 of the 2015 Civil Code are not included in the statute of limitations for initiating an inheritance lawsuit: there is a force majeure event, an objective obstacle, no representative, and no replacement representative.
The inheritance includes: separate property of the deceased, part of the deceased’s property in the common property with others; The land use right is inheritance according to the provisions of the civil and land law.
Inheritance also includes the property rights and obligations of the deceased, such as the right to claim debt, the right to claim compensation for damage; moral rights associated with a property such as copyright, rights to industrial property objects; debts, damages…
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