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Chapter Law Content

Chapter VIII: Registration of Inheritance
Article 119
Upon the application for registration of inheritance, the following documents shall be submitted in addition to the submission of documents prescribed by Subparagraphs 1 and 3 of Paragraph 1 of Article 34:
(1) Copy of household register noted with the death of ancestor;
(2) Copies of current household registers of inheritors;
(3) Genealogical list of inheritance;
(4) Certificate of payment (exemption) of death duty or other documents of evidence;
(5) The following documents shall be submitted if the inheritor waives the right to inheritance:
(a) The documents related to the waiver of the right to inheritance shall be submitted if the inheritance began before June 4th 1985; if the waiver was declared to other inheritors, s/he should personally present himself to affix his/her seal onto the written waiver.
(b) The documents of evidence examined by the court shall be submitted if the inheritance began from June 5th 1985.
(6) Other documents prescribed by law or the provisions of the Central Land Administration.
When only some inheritors apply for the registration of co-ownership-in-common of all inheritors, the copies of current household registers of inheritors referred to in Subparagraph 2 of the preceding paragraph, of those who fail to jointly apply, may be replaced by the copies of household registers indicating they have once set up households in the country, along with a clear statement of the reason why they fail to submit the copies of current household registers.
The copy of household register prescribed by Subparagraphs 1 and 2 of Paragraph 1 may not be furnished if it can be obtained via computer.
The genealogical list of inheritance referred to in Subparagraph 3 of Paragraph 1 shall be drawn up by the applicants themselves, according to the provisions of the Civil Code, and noted with the wording: “If any error or omission in registration causes damages to others, the applicant will be liable for legal responsibility”, and affixed with signature or seal.
The documents prescribed by Subparagraphs 1, 3 and 5 of Paragraph 1 may not be submitted for the application for registration of inheritance due to judicial decision.
Article 120
When there is more than one inheritor, and partial inheritors fail to jointly apply for the registration of inheritance with other inheritors for some reasons, one or several inheritors may, on behalf of all inheritors and their welfare, apply for the registration of co-ownership-in-common of ancestor’s land, or apply for the registration of co-ownership after obtaining the consent of all inheritors.
The registration agency shall notify other inheritors with the result of registration after the completion of the registration.
Article 121
When a fetus is an inheritor, the mother shall apply for the registration under the name of the fetus, and undertake a registration of change in name after undertaking the household registration for its birth.
The fetus referred to in the preceding paragraph is limited to non-still born in future; its registered right would be deleted right from the beginning of inheritance, shall it be still born in future, and other inheritors shall co-apply for the registration of rectification.
Article 122
The administrator of inheritance shall submit documents of evidence of being chosen by the family council or appointed by the court upon the application for the registration of the administrator of inheritance over the land administered by him, unless the law provides to the contrary.
Article 122-1
(Deleted)
Article 123
The legatees shall, jointly with the inheritors, apply for the registration of the transfer of the ownership of legated land, after the inheritors have applied for the registration of inheritance. If the testament appoints specific executors of testament, the legatees shall, jointly with the said executors, apply for the transfer of the ownership of legated land, after the completion of the registration of the executors of testament and of inheritance.
Under the conditions of the preceding paragraph, the legatees shall apply jointly with the said executors, for the registration of the transfer of the ownership of legated land, after the completion of the registration of the executors of the testament, even if it is not clear whether there is any inheritor.