Unfilial children, parents gave land, can they get it back?

(Dan Tri) - If parents give land to their children under a conditional donation contract, they can reclaim the property and request compensation for damages if their children do not fulfill their binding obligations.

It is common in Vietnam for parents to give their children land to create living conditions. However, there are many cases where after being given land, children do not fulfill their obligations. In this case, can parents take back the land they gave?

Clause 1, Article 45 of the 2024 Land Law stipulates that organizations, households and individuals have the right to transfer or donate land use rights when meeting the following conditions:

- Have a certificate of land use rights, house ownership rights and other assets attached to land, except in the following cases: Inheritance of land use rights, conversion of agricultural land when consolidating land, exchanging plots, donating land use rights to the State, residential communities; Foreign-invested economic organizations receiving real estate project transfers in accordance with the provisions of law on real estate business;

- Individual households that have not been granted a red book but are eligible for a red book are allowed to transfer land use rights, lease, sublease land use rights, and contribute capital using land use rights to carry out projects.

- Land has no dispute or the dispute has been resolved by a competent state agency, a court judgment or decision, an arbitration decision or award that has come into legal effect;

- Land use rights are not subject to seizure or other measures to ensure enforcement of judgments according to the provisions of the law on civil judgment enforcement;

- During the land use period;

- Land use rights are not subject to temporary emergency measures as prescribed by law.

Land use rights certificate or red book (Photo: IT).

The procedure for donating land use rights consists of 4 steps, including:

Step 1: The donor carries out notarization or certification of the donation contract at a notary office or certification office at the People's Committee where the land is located.

Step 2: Declare tax and registration fees.

Step 3: Register land changes.

Step 4: The receiving officer will give you a receipt and schedule a return date.

The donation of land use rights is confirmed by law when the donation contract is notarized, the registration of changes at the land registration office is completed and the registration of changes in the land registry is completed.

Normally, parents do not have the right to take back the donated land because the donation has been completed and has come into effect; the parties donated voluntarily, without deception or coercion, so there is no basis for the court to declare it invalid.

However, there are also cases where the court will declare the contract invalid if the notarized donation contract stipulates conditions for the contract to be canceled due to binding provisions regarding legal consequences.

Article 462 of the 2015 Civil Code on conditional property donation is as follows:

1. The donor may require the donee to perform one or more obligations before or after the donation. The conditions of the donation must not violate the prohibitions of law or be contrary to social ethics.

2. In case the obligation must be performed before the donation, if the donee has fulfilled the obligation but the donor does not deliver the property, the donor must pay the obligation that the donee has performed.

3. In case the donee fails to perform the obligation after the donation, the donor has the right to reclaim the property and request compensation for damages.

Thus, in the case where parents give land to their children under a conditional donation contract and have evidence and testimony proving that their children do not fulfill their obligations after the donation, they can request the court to declare it invalid and reclaim the property.

Source: https://dantri.com.vn/bat-dong-san/con-bat-hieu-bo-me-da-cho-dat-thi-co-doi-lai-duoc-khong-20241106213112015.htm