According to the provisions of Clause 1, Article 623 of the 2015 Civil Code, within 30 years from the time of opening the inheritance, the heir (according to the will and by law) has the right to request division of the immovable estate. products; Within 10 years from the time of opening the inheritance, the heir has the right to request a division of the movable property.
Thus, within 30 years for real estate and 10 years for movable property that is an undivided inheritance, the legal heirs of the person leaving the legacy have the right to request division of the inheritance. However, if at the end of the prescribed time limit as above, the heirs do not request to divide the estate, then the estate will belong to the managing heir.
In case there is no heir to manage the estate, the estate is owned by the current possessor or the person who benefits from the property without legal basis but honestly, continuously and publicly for a period of 10 years. for movable property, 30 years for real estate, you become the owner of that property.
In case the estate has no heirs to manage and there is no bona fide possessor according to Article 623 of the Civil Code of Vietnam 2015 , the estate belongs to the State.
According to the provisions of Clause 2, Article 623 of the 2015 Civil Code, the statute of limitations is 10 years for the heir to request confirmation of the status of the subject with the right to enjoy the inheritance and the right to request the rejection of the inheritance rights of others. The 10-year period is the time limit for an heir under the will or law to request confirmation of his or her inheritance rights as the person entitled to enjoy the inheritance that other heirs believe that this heir has inherited. violate Article 621.
In case the person leaving the legacy has obligations to others, the heir must fulfill the obligations within the scope of the inheritance. The heir’s obligations must be performed within a time limit prescribed by law, after which time the heir no longer has to perform the obligation. In other words, the heir’s obligations end according to the provisions on the statute of limitations for exemption from obligations. According to Clause 3, Article 623 of the Civil Code of Vietnam 2015, the statute of limitations for requiring heirs to fulfill obligations regarding the property left by the deceased is 03 years, from the time of opening the inheritance .
See more: What is the statute of limitations? Classification and calculation of statute of limitations
