The court announced the first instance verdict in the case of Meritorious Artist Vu Linh, commenting on "adopted children - biological children"

The Ho Chi Minh City People's Court has announced the first instance verdict on the inheritance dispute; requesting the cancellation of the individual decision and requesting a house for temporary residence between Ms. Vo Thi Hong Nhung (younger sister of Mr. Vo Van Ngoan - the late Meritorious Artist Vu Linh) and Ms. Vo Thi Hong Loan (daughter of the late Meritorious Artist Vu Linh).

The first instance verdict declared Ms. Hong Loan as the legally adopted child and the only person in the first line of inheritance of the late Meritorious Artist Vu Linh; Ms. Hong Nhung received 15% of the value of the assets left by the late artist...

The panel of judges clearly argued for Ms. Nhung's request to cancel the declaration of inheritance...

According to the first instance judgment, the inheritance declaration document declared by Ms. Hong Loan was confirmed by Huynh Thi Ngoc Yen Notary Office on April 7, 2023. According to the content of this document, Ms. Loan committed that she was the daughter of the late Meritorious Artist Vu Linh, his first-line heir, and he had no other heirs.

This document of inheritance acknowledgment has been posted at the People's Committee of Ward 1, Phu Nhuan District and the People's Committee of Linh Dong Ward, Thu Duc City. After the prescribed time, the Notary Office has not received any complaints or denunciations.

Pursuant to Clause 1, Article 651 of the Civil Code, the first order of heirs includes: wife, husband, biological father, biological mother, biological children, adopted children... The second order of heirs includes: paternal grandfather, paternal grandmother, maternal grandfather, maternal grandmother, biological brothers, biological sisters, biological siblings; biological grandchildren...

The father of the late Meritorious Artist Vu Linh, Mr. Vo Van Nhuong, died on August 19, 1981. His mother, Ms. Nguyen Thi Ngoc, died on January 13, 1990. The document of the People's Committee of Ward 1, Phu Nhuan District confirmed that the late artist had no wife. Thus, at the time of inheritance, the first line of heirs of the late Meritorious Artist Vu Linh did not have a biological father, biological mother, wife, or biological children.

Regarding the view that "Ms. Hong Loan is the biological child of the late Meritorious Artist Vu Linh (because in fact Ms. Loan looks very much like her father) but at that time the birth certificate was late, the late artist did not have a birth certificate, marriage certificate and did not have DNA testing technology so he could not confirm that Ms. Hong Loan was his biological child and had to go through the adoption procedure" is speculation, without legal basis.

Ms. Hong Loan said that the late Meritorious Artist Vu Linh once told her "My DNA is similar to my father's DNA". That was only a one-sided statement from Ms. Loan. Ms. Loan did not provide evidence that her DNA test results matched the DNA of the late Meritorious Artist Vu Linh to prove the biological relationship between father and child.

Considering the documents and evidence in the file, including: Adoption certificate, birth certificate, 1991 household registration form with a relationship with the child as the head of household; Ms. Loan's academic record at Nguyen Thi Dieu High School confirmed by the school principal on July 10, 2024, showing that her father is Mr. Vo Van Ngoan; Ms. Nhung's admission that Ms. Loan was brought to the late artist's house a few days after birth and was loved and raised by the family...

The panel of judges has sufficient grounds to determine that Ms. Vo Thi Hong Loan is the adopted daughter of the late Meritorious Artist Vu Linh.

Regarding the inheritance declaration document dated April 7, 2023, Ms. Loan's commitment that the late Meritorious Artist Vu Linh did not have any adopted children is incorrect. However, this does not change Ms. Loan's position as the first heir, and no one else in the first heir's line disputes or complains within the statutory time limit, so the legality of the above inheritance declaration document is recognized.

Therefore, Ms. Nhung's request to cancel Ms. Hong Loan's inheritance declaration document is not accepted.

How is 15% of total asset value calculated?

Also according to the verdict, the assets of the late Meritorious Artist Vu Linh include: house and land at 5 Doan Thi Diem, Ward 1, Phu Nhuan District; 3,007 square meters of land belonging to plots 87, 88, map sheet 8, Linh Dong Ward, Thu Duc City and 1 car.

Ms. Hong Loan received 85%, Ms. Nhung received 15%.

Regarding the house and land at No. 5 Doan Thi Diem, Ward 1, Phu Nhuan District, the inheritance has been declared and the name of Ms. Hong Loan has been updated without violating the law, so there is no need to cancel the name change. Ms. Hong Loan's family is residing at the place of worship of the late Meritorious Artist Vu Linh and the late artist's wish was to build a communal house, so priority should be given to keeping this property.

The right to use 3,007 square meters of land and the car are still in the name of the late Meritorious Artist Vu Linh. These two assets have enough value to ensure the execution of the judgment in case Ms. Hong Loan is unable to repay Ms. Nhung.

Therefore, the entire value of the 3 assets left by the late Meritorious Artist Vu Linh at the time of execution of the sentence must be assessed.

Ms. Hong Loan is obliged to repay Ms. Hong Nhung 15% of the total value of the inheritance. After Ms. Loan has fulfilled her obligation to repay, the procedure for transferring the land use rights of 3,007 m2 of land and car ownership can be carried out.

In case Ms. Hong Loan is unable to repay the money, the right to use 3,007 square meters of land and the car will be auctioned to enforce the judgment.

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