Dragon Law Office’s lawyer gives advice on law of land
Question for Dragon consulting service lawyers: Hi Lawyer! My name is : Bui Tien Thanh. I live at 84 Tran Cao Van-Hoi An-Quang Nam. I would like to receive the answer from lawyer for my following situation:
On 10/ 10/2007, I bought a lot of land (4.5x 25m) of Mr.A. At this time, Mr. A’s parents only had a resettlement license on the piece of land with the size of 14x 25m which signed and handled in by province of Hoi An People’s Committee in 2006. Mr. A’s parents, then, had a family meeting to discuss on their presenting Mr. A a piece of land (9x25m). The minutes of the meeting was recorded and was notarized by the notary office of Quang Nam province on 14/6/2007. Since then, I have given Mr.A the deposit 2 times with the sum of 342 Million VND- the first time was on 10/10/2007 with the amount of 236 Million VND and the second time was on 13/3/2008 with the amount of 106 Million VND. My deposit contract says if Mr.A does not separate the piece of his land from his parents’ land, he then will be fined to pay 5 times of the deposit (342 Millions x 5 ). The contract was signed by the two sides and was witnessed and sealed with the People’ committee of the local Ward. On 4/2/2010, Mr.A got the certificate of land use right ( the so called: “red book”). However, my purchase got stuck because of the behest No 4 CT issued in 2003 by People’s Committee of Hoi An city. According to this behest, Mr.A can not separate his piece of land from his parents’ because the width of his land is not wide enough to be parceled/separated.
The deposit contract indicates the same content specifically and clearly.
1, People’s committee of the local ward signed 2 times on my deposit paper ( after 4 years since the People’s committee issued the behest) so was it responsible to compensate me? If it is wrong, what court can I sue to? To the Administrative Court or to Civil Court?
2)The chairman of the ward signed the deposit paper 2 times so did he sign the form or sign the content?
Please let me have the answers! Thanks Dragon Lawyer!
Dragon Law Firm/company, Law Advisory board back to you as follow:
The people’s Committee of the local ward signed the deposit paper 2 times which is quite right because the signing was just essentially certificate the deposit to the landlord (Mr.A). In fact, the People’s Committee only confirmed that at that time and at that location you gave your deposit with the amount of 342 Million VND to Mr.A in order to buy a lot with the size of 45m x 25m. Thus, the People’s Committee of the local ward is not responsible for paying you the compensation.
The purchase between you and Mr.A can not complete because the piece of land which you are going to buy is not wide enough to be separated as the Law on Land defined by regulations. If you and Mr.A do not have other agreement, it will be base on the deposit contract to settle the case. In case Mr.A does not cooperate, you can sue to the Civil Court of that location where the piece of land belongs to.
Thanks the interest of the customer to our Dragon Law Firm.
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