This afternoon, the People's Court of Area 7, Bac Ninh province, is scheduled to hear a lawsuit between plaintiff Mr. Han, 86, and defendant Hien, 55, his third son.

Three weeks ago, the court postponed the hearing after the plaintiff requested that his other children be summoned to court.

According to cadastral records and statements from both parties, the disputed land originally belonged to Mr. Han's parents. Mr. Han used the land starting in 1963 while living with his first wife, with whom he had five children. During this time, he cleared land and expanded the area to 595 square meters.

In 1989, nine years after his wife passed away, Mr. Han remarried but had no more children. In 1991, his son Hien married. Due to the need for housing, Mr. Han divided the 595 square meters into two parts: a 321 square meter plot where Mr. Han and his wife continued to live, and the remaining 274 square meters, which was given to Hien and his wife to live separately.

The two families lived independently on the two land portions, separated by a boundary wall.

Father: "I gave half, but my son secured the title deed for the entire plot"

In his lawsuit, Mr. Han stated that giving the 274 square meter plot to his son was not an outright gift. He only lent the land for his son to live on due to the family's crowded circumstances at the time. He asserts he retains full rights to dispose of the land.

In 2020, Mr. Han gathered his children and announced his intention to divide the 274 square meter plot equally between Hien and his eldest son, with each receiving one-half.

According to the plaintiff, Hien agreed at that time and requested permission to build a permanent concrete house on his portion of the land.

The dispute escalated in 2024 when the eldest son expressed a desire to return to the countryside to live and requested the land be handed over, but his younger brother did not comply.

Mr. Han then discovered that Hien had "unilaterally declared" the 274 square meters and obtained a separate title deed for it in October 2000.

Consequently, he filed a lawsuit, requesting the court to annul the title deed issued to Hien and compel him to return the entire 274 square meter plot, as well as remove all structures and assets built on the land.

The land plot where the son built a house and a wood workshop many years ago. *Photo: Danh Lam*Son: "My father himself helped secure the title deed"In his counterclaim, defendant Hien asserts that from 1991, both his father and his paternal grandparents, who were alive and lucid at the time, jointly intended to gift the entire 274 square meter plot to him. This gift was witnessed and agreed upon by other family members.Regarding the issuance of the title deed in 2000, the defendant provided evidence showing that his father directly declared and submitted the application for land use rights for both plots. His father also signed boundary confirmations for Hien's application, with clear notations of the boundary markers.Defendant Hien stated that the original title deed was kept by his father and only handed over to him in 2007 for a bank loan application.The defendant also submitted to the court land use tax receipts continuously from 1993 to the present, asserting that there have been no disputes or complaints from his father over the past 30 years.The defendant believes that his father's demand for the land is due to influence from other family members and lacks legal basis.Request for division of land his father currently occupiesAdditionally, defendant Hien filed a counterclaim requesting the division of the inheritance of his stepmother, who passed away in 2021.The defendant argues that the 321 square meter plot was issued a title deed in 2000 to his father's household, which at the time only included two individuals: his father and stepmother. Therefore, according to the defendant, this 321 square meter plot should be considered community property from their marriage.Since his stepmother had no biological children and left no will, defendant Hien refers to Article 654 of the Civil Code concerning inheritance relations between a stepchild and a stepmother to establish his right to inherit property.Mr. Hien demands to receive an area equivalent to one-half of his stepmother's inheritance in this land plot, approximately 160 square meters.To support this claim, the defendant detailed their relationship of care and nurturing, describing it as akin to a biological mother and child for over 30 years.When his stepmother became frail and suffered from a serious illness in late 2020, Hien and his wife personally took her for treatment in Ha Noi and covered all medical expenses. After her passing, Hien was assigned by the family to organize the funeral and currently maintains her worship at his private home.Therefore, defendant Hien believes he meets the conditions to receive an inheritance share according to legal provisions. He also specifically requested to receive the inheritance in the form of land.The four remaining children, in their written statements, expressed absolute support for their father's claims.They collectively assert that the 150 square meter plot was only lent, and Mr. Hien's unauthorized registration of the title deed constitutes an act of appropriating family common property. These four individuals requested the court to compel the defendant to return the land so that their father can proceed with its division among the children as he wishes.In the response documents from the commune and district People's Committees, it was confirmed that the archived records regarding the issuance of the title deed in 2000 are no longer complete due to administrative boundary changes.However, current cadastral records still recognize defendant Hien as the legal user of the 274 square meter plot since 2000. For the 321 square meter plot, the 2004 technical records list Mr. Han as the owner.Authorities confirm that these two plots were separated from the original land plot registered under Mr. Han's father.*Names of the parties have been changedThanh Lam

The land plot where the son built a house and a wood workshop many years ago. *Photo: Danh Lam*

Son: "My father himself helped secure the title deed"

In his counterclaim, defendant Hien asserts that from 1991, both his father and his paternal grandparents, who were alive and lucid at the time, jointly intended to gift the entire 274 square meter plot to him. This gift was witnessed and agreed upon by other family members.

Regarding the issuance of the title deed in 2000, the defendant provided evidence showing that his father directly declared and submitted the application for land use rights for both plots. His father also signed boundary confirmations for Hien's application, with clear notations of the boundary markers.

Defendant Hien stated that the original title deed was kept by his father and only handed over to him in 2007 for a bank loan application.

The defendant also submitted to the court land use tax receipts continuously from 1993 to the present, asserting that there have been no disputes or complaints from his father over the past 30 years.

The defendant believes that his father's demand for the land is due to influence from other family members and lacks legal basis.

Request for division of land his father currently occupies

Additionally, defendant Hien filed a counterclaim requesting the division of the inheritance of his stepmother, who passed away in 2021.

The defendant argues that the 321 square meter plot was issued a title deed in 2000 to his father's household, which at the time only included two individuals: his father and stepmother. Therefore, according to the defendant, this 321 square meter plot should be considered community property from their marriage.

Since his stepmother had no biological children and left no will, defendant Hien refers to Article 654 of the Civil Code concerning inheritance relations between a stepchild and a stepmother to establish his right to inherit property.

Mr. Hien demands to receive an area equivalent to one-half of his stepmother's inheritance in this land plot, approximately 160 square meters.

To support this claim, the defendant detailed their relationship of care and nurturing, describing it as akin to a biological mother and child for over 30 years.

When his stepmother became frail and suffered from a serious illness in late 2020, Hien and his wife personally took her for treatment in Ha Noi and covered all medical expenses. After her passing, Hien was assigned by the family to organize the funeral and currently maintains her worship at his private home.

Therefore, defendant Hien believes he meets the conditions to receive an inheritance share according to legal provisions. He also specifically requested to receive the inheritance in the form of land.

The four remaining children, in their written statements, expressed absolute support for their father's claims.

They collectively assert that the 150 square meter plot was only lent, and Mr. Hien's unauthorized registration of the title deed constitutes an act of appropriating family common property. These four individuals requested the court to compel the defendant to return the land so that their father can proceed with its division among the children as he wishes.

In the response documents from the commune and district People's Committees, it was confirmed that the archived records regarding the issuance of the title deed in 2000 are no longer complete due to administrative boundary changes.

However, current cadastral records still recognize defendant Hien as the legal user of the 274 square meter plot since 2000. For the 321 square meter plot, the 2004 technical records list Mr. Han as the owner.

Authorities confirm that these two plots were separated from the original land plot registered under Mr. Han's father.

*Names of the parties have been changed

Thanh Lam