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Do people with the same household registration automatically inherit?

My father died in 1998, in 2001 my mother bought a land plot of 2,600 m2 (with a level 4 house on the land). (Delicate)

In 2018, my sister got married, so her mother gave her 1,000 m2 of land (separated the plot and issued a separate red book for her).

My mother is suffering from a serious illness (hard to recover), so last week she told me: “There are only two sisters in the house, the rest will be yours, because only mother and child are left on the household registration book, so I don’t need to I have to go through the procedures to transfer the name of the red book to the child. After the mother loses this house, of course, this land belongs to the child.”

The lawyer asked me, is it correct according to the law as my mother said or is that property still divided among my sister, grandfather and grandmother?

Advisory lawyer

Pursuant to Point a, Clause 1, Article 650 and Point a, Clause 1, Article 651 of the 2015 Civil Code, in case a person dies without leaving a will, the deceased’s property will be divided according to law, the first line of inheritance includes: have: wife, husband, biological father, natural mother, adoptive father, adoptive mother, biological child, adopted child of the deceased.

Thus, in case your mother dies (if she does not leave a will), her mother’s house and land in particular and other properties in general (if any) will be divided equally among the following people:

– Your grandfather in part;

– Your grandmother in part;

– Your sister part;

– You part.

Note, whether or not the common name on the household registration book does not affect the division of inheritance according to the law.

Therefore, if your mother intends to give you the whole house, it is necessary to make a donation contract and carry out the procedures for transferring the name on the red book according to the provisions of law.

Lawyer Pham Thanh Huu
Ho Chi Minh City Bar Association

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