Question: – My parents bought a house to their children. In 2006, I went to the commune to do the paperwork to stand my name in a red book.
In 2009, my mother asked me to sell the house to divide the money to my siblings but I have not sold my mother’s house, she has died to leave no will. Now, my father allowed me to sell the house without having to divide the money for anyone. Please ask, do I have the right to sell my house?
Phan Thanh Thu (Hoa Thanh district, Tay Ninh province)
Answer: – Clause 1 of Article 118 of the Housing Law of 2014 stipulates: “For transactions on purchase, sale, donation, exchange, mortgage and capital contribution by dwelling houses, the following conditions must be met: a./ certificates in accordance with the provisions of law, except for the cases stipulated in clause 2 of this article. b / Not being in the dispute, complaining or claiming the ownership right; are in the period of ownership of the dwelling house for a definite period time. c / Not being distrained for judgment execution or not distrained for execution of legally effective administrative decisions of competent state agencies. d / Not being subject to a decision on land recovery, notice of land clearance or dismantlement by the competent agency. “
With that house, if he was granted a homeownership certificate and his brothers and sisters did not dispute the right to own the house, then you were entitled to sell the house. The sale of the house depends on your willingness, not the law.
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In the case where the property is owned by your parents and you are a user when your mother passed away without a will, the house was under the common ownership of his father, he and his brothers and sisters, His grandmother (if alive). To sell a house, you must obtain the consent of the co-owners of the house and the principle of selling the house must be divided to the co-owners in proportion to their share.
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