Notice from Vinh Long provincial court on inheritance dispute in Vinh Long

Chia sẻ
(VOVWORLD) -The Vinh Long provincial court People’s Court would like to inform: 

-US citizen Truong Thi Man, born in 1948, residing at 4050 Blaine Ave, Saint Louis, MO, 63110, USA
-US citizen Truong Thi Chinh, born in 1952, residing at 4050 Blaine Ave, Saint Louis, MO, 63110, USA
-US citizen Truong Van Be, residing at 3133 Alfred Ave, Saint Louis, MO, 63101, USA
-US citizen Truong Hong Lac, residing at 3133 Alfred Ave, Saint Louis, MO, 63101, USA

of the trial held by the The Vinh Long provincial People’s Court on September 26, 2018, on the inheritance dispute case filed by Mr. Truong Van Ut who was born in 1964 and resides in hamlet 7, Hoa Hiep commune, Tam Binh district, Vinh Long province; Ms. Truong Thi Be Hai, who was born in 1962 and resides at hamlet 2, Hoa Loc commune, Tam Binh district, Vinh Long province
; and Ms. Truong Thi Be Ba, who was born in 1964 and resides in Hoa Phòng hamlet, Hoa Hiep commune, Tam Binh district, Vinh Long province. 

As per verdict 23/2018/DS-ST, the court decided to, according to articles 649, 650, 651, 652 of the 2015 Civil Code; articles 26, 38, 147, and 217 of the Civil Procedure Code:
-suspend trial on the plaintiffs’ request on withdrawing the petition regarding lot 126, map 5, hamlet 7, Hoa Hiep commune, Tam Binh district, Vinh Long province.
-partly accept Truong Van Ut’s request.
-accept Truong Thi Be Ba’s request.
-accept Truong Thi Be Ba’s request.
-request Mr. Truong Van Tai to hand over to Mr. Truong Van Ut 4049.1m2. This area includes 598.7m2 of lot 324, defined by markers 1,2,3,22,23,20,21,1, which used to be garden land and is currently used as rice cultivation land. The 4049.1m2 area also includes 2318.1m2 of lot 325, defined by markers 22,3,4, 23,22, which is currently used as rice cultivation land. It also includes 1132.3m2 of lot 338, defined by markers 13,25,10,11,12,13, which used to be rice cultivation land and is now used as garden land. All these lots belong to map 5 in hamlet 7, Hoa Hiep commune, Tam Binh district, Vinh Long province. They were measured according to cadastral map on August 7, 2018. 
-request Mr. Truong Van Tai to hand over to Ms. Truong Thi Be Hai 2916.4m2. This area includes 367.3m2 of lot 324, defined by markers 20,23,24,18,19,20, which used to be garden land and is currently used as rice cultivation land. The 2916.4m2 also includes 2549.1m2 of lot 325, defined by markers 23,4,5,6,24,23, which is now used as rice cultivation land. All these lots belong to map 5 in hamlet 7, Hoa Hiep commune, Tam Binh district, Vinh Long province. They were measured according to cadastral map on August 7, 2018. 
-request Mr. Truong Van Tai to hand over to Ms. Truong Thi Be Ba 2916.6m2. This area includes 299.2m2 of lot 324, defined by markers 18,24,13,14,15,16,17,18, which is garden land. 65.6m2 of this area is rice cultivation land. The 2916.6m2 also includes 2329.5m2 of lot 325, defined by markers 24,6,7,8,26,25,13,24, which is rice cultivation land. 1754m2 of this area is garden land. All these lots belong to map 5 in hamlet 7, Hoa Hiep commune, Tam Binh district, Vinh Long province. They were measured according to cadastral map on August 7, 2018. 
- request Mr. Truong Van Tai to hand over to Ms. Truong Thi Be Ba 287.9m2 of lot 337, map 5, defined by markers 25,26,8,9,10,25, which is garden land in hamlet 7, Hoa Hiep commune, Tam Binh district, Vinh Long province. This area was measured according to cadastral map on August 7, 2018. 
-recognize that 7412.9m2 of ONT and CLN land of lot 127, map 5, in hamlet 7, Hoa Hiep commune, Tam Binh district, Vinh Long province belongs to Mr. Truong Van Tai. This area was measured according to cadastral map on August 7, 2018. 
-request Mr. Truong Van Ut to refund Mr. Truong Van Tai 159,949,858 VND; Ms. Truong Thi Be Ba to refund Mr. Truong Van Tai 26,926,286 VND; Ms. Truing Thi Be Hai to refund Mr. Truong Van Tai 26,912,286 VND in order for Mr.Tai to manage the inheritance given to Truong Thi Man, Truong Thi Chin, Truong Van Be, and Truong Hong Lac. Mr. Truong Van Tai has to pay Truong Thi Man and Truong Thi Chinh 177,235,714 VND each, and Truong Van Be and Truong Hong Lac 59,078,571 VND each if requested by these persons. 
The parties who were present at the trial are entitled to file an appeal within 15 days after the ruling is announced. The parties who were absent at the trial are entitled to file an appeal within 15 days after they receive the verdict or after the verdict is made public and displayed at the local administrations. The parties who live overseas and were absent at the trial are entitled to file an appeal within one month after they receive the ruling or after the ruling is officially announced according to law.

The Vinh Long provincial court also ruled on court and measurement fees, among others. 
On October 9, 2018, Truong Van Ut, Truong Thi Be Hai, and Truong Thi Be Ba, and Truong Van Tai filled appeals against the court ruling. 
On October 11, 2018, the Vinh Long provincial court issued a notice 546/TB-TAT with the followings:
1. Mr. Truong Van Ut requests the court of appeal to:
-not force him to refund Mr. Tai 159,949,858 VND. Mr. Ut requests the court to allow him to manage this inheritance which has given to involved people who are residing overseas. He will hand over to them this asset if requested. 
-recognize his right to use lot 338 covering 1132.3m2 which is rice cultivation land in hamlet 7, Hoa Hiep commune, Tam Binh district, Vinh Long province.
-allow him to manage the inheritance given to Truong Thi Man and Truong Van Be. He will hand over the assets to them if requested. He will also hand over the assets on the land to Mr. Truong Van Tai. 
-apply the price of garden land of 100,000 VND/m2 in this case
2. Ms. Truong Thi Be Hai requests the court of appeal to:
- not force her to refund Mr. Tai 26,912,286 VND. Ms. Be Hai requests the court to allow her to manage this inheritance which has given to involved persons who are residing overseas. She will hand over to them this asset if requested. 
-apply the price of garden land of 100,000 VND/m2 in this case
3. Ms. Truong Thi Be Ba requests the court of appeal to:
      - not force her to refund Mr. Tai 26,926,286 VND. Ms. Be Ba requests the court to allow her to manage this inheritance which has been given to involved people who are residing overseas. She will hand over to them this asset if requested. 
-apply the price of garden land of 100,000 VND/m2 in this case
-reduce or exempt the court fees
4. Mr. Truong Van Tai requests the court of appeal to:
-ensure that each plaintiff is given their inheritance which are lots 324, 325, 328
-allow him to manage the assets of involved persons who are residing overseas. In this case, the assets are their land use rights. 
-allow him to manage an area of 287.9m2 of lot 337, where his child’s grave is located. If any of the plaintiffs takes over this piracy of land, he/she will have to compensate him the trees he planted. 
-remeasure lot 338 because this lot is short of 507.7m2
Note: Any appeal filed by the involved parties should be headed to the Vinh Long provincial people’s court at 500, Phuoc Nguon A hamlet, Phuoc Hau commune, Long Ho district, Vinh Long province, Vietnam. Tel: 02703 825 225.
If there is no response from Ms. Truong Thi Chinh, Ms. Truong Thi Man, Mr. Truong Van Be, and Mr. Truong Hong Lac within one month after this notice is announced, the Vinh Long provincial people’s court will refer this case to the higher court in Hồ Chi Minh city for handling according to Vietnamese law. 












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