Question from a reader:
I would like to ask a judicial scrivener or someone knowledgeable about registration. Currently, I am in the process of receiving a gift of land and a house from my husband’s father. The house is unregistered, and the land is in my father-in-law’s name, so I plan to create a gift contract for the land and proceed
with the registration. For the unregistered house, I intend to change the name for tax purposes and apply for registration later. However, there is a building with partial registration that we do not need. If my father-in-law passes away, I would like to renounce my inheritance regarding that. I believe that a gift and inheritance are separate matters, but is it possible to renounce the inheritance?

Considering the Relationship Between Gifts and Renunciation of Inheritance

Recently, a friend asked me, “I’m in the process of receiving a gift of land and a house from my husband’s father, but is it possible to renounce the inheritance?” As a legal expert, I decided to think about it a bit. I believe such questions are surprisingly common, so I would like to share my perspective on points that concern everyone.

The Difference Between Gifts and Inheritance

First, let’s confirm the basic differences between gifts and inheritance. A gift is the act of transferring property to another person while the giver is still alive. Receiving land and a house from your husband’s father means that the property will become yours while he is still alive. On the other hand, inheritance refers to the transfer of property from a deceased person. Inheritance occurs when that person has passed away. With this understanding, let’s return to the question. You are saying that if you receive the gift and then inheritance occurs after your husband’s father passes away, you would like to renounce that inheritance. Let’s take a look at what this means legally.

Basics of Renunciation of Inheritance

Renunciation of inheritance refers to the act of an heir giving up their right to inherit. Even if there is an estate, by renouncing inheritance, you lose the right to receive that estate. So, how does one renounce inheritance? You need to file a renunciation of inheritance with the family court. There is a deadline for this, and you must file within three months of knowing that the inheritance has begun.

The Relationship Between Gifts and Renunciation of Inheritance

Here, a question arises: “If I receive a gift, does that mean it will not be subject to inheritance?” To conclude, gifts are not subject to inheritance. This means that the land and house you received as a gift from your husband’s father will not be included in the inheritance when he passes away. However, the issue lies with the building that has partial registration. It remains in your father-in-law’s name, and you mentioned that you do not need it. This is a bit complicated, but when renouncing inheritance, you need to consider the property that will be subject to inheritance. If that building is subject to inheritance, you will need to consider renouncing the inheritance for that building as well.

Specific Procedures and Points to Note

So, what should you do specifically? First, you need to proceed with creating the gift contract and the registration process for the land. This will make the land yours. For the unregistered house, you will change the name for tax purposes and then apply for registration afterward. Then, if your father-in-law passes away, do not forget to carry out the renunciation of inheritance process. Especially since there is a deadline of three months for renouncing inheritance, you need to be careful. Additionally, once you file for renunciation of inheritance, you cannot withdraw it later, so careful consideration is required.

Conclusion

The relationship between the gift process from your husband’s father and the renunciation of inheritance has both simple and complex aspects upon closer examination. Gifts are given while the giver is alive, while inheritance is a matter that arises after death. However, particularly due to the registration status and the types of property involved, the points to consider may change. In your case, the land and house obtained through the gift will not be subject to inheritance. However, it is important to think carefully about the unregistered house and the renunciation of inheritance process. Finally, when proceeding with legal procedures, do not forget to consult with professionals. By consulting with a judicial scrivener or lawyer, you should be able to proceed with the process more confidently. The law can sometimes be complex, but it is essential to understand it well and make choices that suit you.