Before the division of the land for adoption, it was lost
Donate PV Youth, Ms. Le Thi Tu (70 years old, lives at 109, Nguyen Hue Street, Phu Khuong Ward, Ben Tre City, Ben Tre) said she is waiting for the authorities to enforce the decision handed down by the Ho Chi Minh City Supreme People’s Court regarding the house that Mr. Tu “allowed him to stay at home, suddenly lost his home.”
PV Youth Note that the nephew’s address, which reflects Tu, is the large department store Anh Trung. The location of the department store refers to the “gold land” in Ben Tre City.
According to P. Phu Cuong People’s Committee confirmation, about 5 years ago, Mr. Tu authorized Mr. Nguyen Anh Trung (48 years old, refers to Tu as his biological aunt) to carry out procedures to transfer his household registration to Tam Phuoc Commune, Chau Thanh District, Ben Tre Province. The Tu red oak house presented in the application is located on a land plot of almost 450 m2.2 (currently used by Mr. Trung’s wife and husband), where his wife and husband used to live, no longer exists. The ownership of this land is currently held by Mr. Nguyen Anh Trung.
Le Thi Tu is currently at the home of an acquaintance in H. Chau Thanh, Ben Tre.
After contacting Mr. Tu again, he learned that after losing his house and land for the past 5 years, he had no stable housing, he had to rely on the homes of acquaintances, each place remained for several days. Pain without treatment.
According to Mr. Tu’s submission and related case file, until 1980, Mr. Tu and her husband, Mr. Tran Van Nam, lived in a red oak house built on a plot of land 450 m wide.2, belonging to lot No. 06, map sheet No. 11, Phu Cuong District, Ben Che City (i.e. the land used by Trung’s wife and husband). The plot of land and the wooden house are the private property of Mr. Nam. As they had no children, the couple adopted Tran Thi Tuong Vi in 1983. Tuong Vi followed her husband in 2005 and still resides in the US.
Nam passed away in 2012 without leaving a will. During this time, Tu’s wife and children, Nguyen Anh Trung and Le Thi Thuy Diem, moved in and settled in a prefabricated house built on Nam’s plot of land to make a living selling food.
After Nam’s grandfather passed away due to old age and misunderstanding of the law, Tu authorized his nephew Nguyen An Trung to share half of Tuong Vi’s inheritance. According to Tu’s testimony, in January 2014, Chung took him to the Dong Hoi notary’s office to claim his inheritance and sign other papers he did not know which papers he had signed.
February 2014, land plot 450 m wide2 Nam left the Ben Tre City People’s Committee, granting land use rights to Nguyen Anh Trung’s husband and wife, Le Thi Thuy Diem.
In 2016, 85 m of land was cleared.2 for the expansion of Nguyen Hue Street, the compensation amount is almost 400 million VND. Trung completed the procedures to get enough money and then handed over 350 million VND to Mr. Tu. At this time, he still believes that the land is still in his possession. Trung also signed a promise to return the entire land to Tu when he wants to.
Referring to the “let me stay and then I lose my home” story, Mr. Tu is very heartbroken.
In late 2016, Ms. Lam Thi Kim Hoang (Trung’s daughter-in-law who lives in Dong Nai and who refers to Tu as her aunt) discovered that Trung was in the name of Tu’s land owner and his wife.
At this time, Tuong Vi, who was in the US, learned of the news, so she authorized her relatives to sue, claiming half the value of her adoptive father’s inheritance. In 2017, Trung and his wife built a permanent home on Tu’s land. Currently, his household has been moved to H. Chau Thanh, where he has absolutely no ownership rights to the house and land.
After the fulfillment of the obligations declared by the court, the execution of the decision is suspended.
In 2018, the Ben Tre Provincial People’s Court issued a first instance decision granting Ms. Tuong Vi’s application. The decision was appealed by Trung Diem’s husband and wife. By 2019, Ho Chi Minh’s Supreme People’s Court announced that all first instance decisions were overturned and cases were referred to the Ben Tre Provincial People’s Court for retrial in accordance with general procedures.
In September 2020, the Ben Tre Provincial People’s Court issued a second first-instance judgment to set aside Mr. Tu’s inheritance document; terminate a notarized contract signed by Tu with the content of the transfer of land use rights 450 m2 for Mr. Trung for VND100 million; appealed to the People’s Committee of the city of Ben Tre with a request to transfer the ownership of the land from the husband and wife of Trung Diem to Mr. Tu.
The land left by Mr. Nam to Mr. Tu and Tuong Vi is occupied by his wife and husband Nguyen Anh Trung for living and selling products.
The court also valued a house that Trung and his wife voluntarily built on the land at more than VND 372 million. The court forced Mr. Tu to pay the cost of the house in cash to Trung’s wife and husband. Trung’s wife and husband are allowed to stay in the country for 6 months from the effective date of the judgment, and then they must actively relocate to return all the land to Mr. Tu. In addition, based on the appraisal of the land, the court of first instance ordered Tu to pay Tuong Vi an amount of more than 2.3 billion VND (the value of 1/2 of the land owed to Tuong Vi in the US does not give the right to own land in Vietnam).
According to the decision of the court of first instance, the recording of Mr. Tu’s inheritance statement without Tuong Vi’s opinion was against the law, so it had to be annulled; Trung claimed that he bought the land use right from Mr. Tu in fact for 500 million dong, not 100 million dong as in the notarized file, but the couple were unable to prove that there was any payment activity for Tu, and he also denied it. On the other hand, Trung’s stated amount differed too much from the real value of the land. Also, because the document recognizing Mr. Tu’s inheritance was annulled.
The husband and wife of Trung and Diem continued to appeal the decision of the court of second instance. On March 21, 2022, the Supreme People’s Court of Ho Chi Minh City announced the decision of the court of first instance, the content of which was issued by the People’s Court of Ben Tre Province.
After the final court decision was announced by the Ho Chi Minh City Supreme People’s Court, Mr. Tu borrowed everywhere to meet his legal fees, the amount of VND 372 million to pay the cost of a house built by Trung Diem on his land, the obligation to pay more than VND 2.3 billion to Tuong Vi … By October 2022, all obligations under the court decision were fulfilled by Mr. Tu.
The Ben Tre Provincial Civil Judgment Enforcement Department fully recorded the execution of Mr. Tu’s judgment, but then decided to temporarily suspend the enforcement of the judgment between him and his nephew for completely unexpected reasons! (to be continued)