By Wasant Kijbamrung (Land Doctor), Former Land Administration Officer 8


1. Introduction
 
           When applying for the transfer of inherited land, various issues may arise. These can include real problems, such as heirs being unable to reach an agreement, which may stem from disputes, or issues of unavailability due to personal commitments, distance, or even being abroad or missing. Obstacles for those involved in the inheritance transfer process often occur frequently. Another issue is the inability to present the title deed when submitting the application because it is lost, or the heirs or others holding the deed refuse to provide it for the inheritance transfer process. Additionally, there may be no death certificate for the deceased heir or the deceased testator, or the executor of the estate according to the will may not proceed with the estate management, citing a lack of time or interest. Furthermore, there are also non-existent problems that heirs mistakenly believe are issues, such as thinking that all heirs must act together for the inheritance transfer or that a manager of the estate must be appointed first due to hearing incorrect advice from others. Sometimes, these real or perceived problems cause heirs to hesitate and be unsure of how to proceed, leading to delays of several months or even years. This article will provide solutions to common issues faced by heirs, as the law and regulations have already outlined ways to address them, but most people are often unaware of these methods due to their specialized nature. There are many other minor issues not mentioned here that are specific cases and do not occur frequently, so they are not included. However, the Land Department has previously issued over a hundred rulings regarding these issues, and a link will be provided to download these rulings for further study to see if they align with one's own problems and to follow the guidelines provided by the Land Department.

2. Laws, Land Department Regulations, and Guidelines Related to the Inheritance of Land
 
Land Code
 
           Section 81: An application for the registration of rights concerning real estate acquired by inheritance must be submitted by the heir along with evidence for the land or a document showing rights to the land or evidence concerning other real estate, along with evidence of inheritance, to the official as per Section 71. If the document showing rights to the land is with another person, the official has the authority to request that document.

           When the official investigates the evidence and believes that the applicant is an heir, they must announce it in writing, publicly displayed for thirty days at the land office, district office, or municipal office, and at the location of the property, with one copy at each location. The official must also send a notice of this announcement to the individuals identified by the applicant as heirs who were not present on the application date, as far as possible. If there are no heirs with rights to contest within the announced period, and there is credible evidence that the applicant has the right to inherit, the official shall proceed to register as the applicant has demonstrated their legal rights, following the criteria and procedures specified in the ministerial regulations.

           In cases where there are heirs contesting the inheritance rights, the official has the authority to investigate the parties involved and summon any individuals to provide testimony or order the submission of relevant documents as necessary. The official will compare the evidence, and if no agreement is reached, they will make a decision as deemed appropriate. Once the official has made a decision, they must inform the parties involved, and the dissatisfied party may file a lawsuit in court within sixty days from the date of notification. If that person does not file a lawsuit and presents evidence of filing along with a copy of the complaint regarding the right to inherit within the specified time, the official shall proceed as ordered. If an heir has filed a lawsuit within the specified time according to paragraph four, or if another heir with rights to inherit has filed a lawsuit regarding the right to inherit before the official has registered the rights and legal acts acquired by inheritance, when that person presents evidence of filing along with a copy of the complaint to the official, the official shall suspend the registration until the court has made a final judgment or order.

          Section 82: Anyone wishing to apply for the registration of the name of the estate manager in the document showing rights to the land must submit the application along with the document showing rights to the land and evidence of being the estate manager to the official as per Section 71. If the estate manager is appointed by court order, the official shall proceed with the registration as requested. However, if the estate manager is appointed in other cases, the official shall investigate and verify the evidence and apply the provisions of Section 81, paragraph two, mutatis mutandis. If there is no contest, the official may register the name of the estate manager in the document showing rights to the land. If there is a contest, the matter shall be held in abeyance, and the parties must file a lawsuit in court. When the court has made a final judgment or order, the official shall proceed according to that judgment or order.

          In cases where the estate manager whose name is in the document showing rights to the land requests to register the rights to the land for the heirs, the official shall proceed with the registration as requested without the need for an announcement as per Section 81 in cases where a trustee of a legally established trust requests registration as a trustee. When the official investigates the evidence, they shall proceed with the registration.
 
Download the full Land Code from the link http://bit.ly/2Eoj4CS

 
Ministerial Regulation No. 24
 
                                               Ministerial Regulation No. 24 (B.E. 2516)
                   Issued under the provisions of the Act on the Use of the Land Code
                                               B.E. 2497
 
            By virtue of the provisions of Section 15 of the Act on the Use of the Land Code B.E. 2497 and Section 81, paragraph three of the Land Code, as amended by the announcement of the Revolutionary Council No. 334 dated December 13, B.E. 2515, the Minister of the Interior has issued the following ministerial regulation:
           Article 1: When someone applies for the registration of rights concerning real estate acquired by inheritance, the official shall investigate the evidence and record it in the registration request file and in the investigation record for the inheritance transfer application (Form T.D. 1) and in the investigation record for the inheritance transfer application (Form T.D. 8) as well.
           Article 2: If the inheritance has a will, the official shall investigate the evidence and the date of death of the testator as well as the rights to inherit according to the will.
           Article 3: If the inheritance does not have a will, the official shall investigate the evidence and consider the heirship, the rights to inherit, and the date of death of the testator, requiring the applicant to present a family tree and other supporting evidence.
           Article 4: The registration of rights concerning real estate acquired by inheritance without a will and with multiple heirs entitled to inherit must also follow the procedures in Article 3, and the official shall proceed as follows:
           (1) In cases where some heirs apply for registration of inheritance according to their rights or request the names of other heirs entitled to inherit as shown in the family tree, if there are no objections within the announced period, the official shall register according to the evidence presented by the applicant demonstrating their legal rights.
         (2) In cases where some heirs apply for registration of the entire inheritance, if the applicant brings all the heirs listed in the family tree to consent or presents evidence of the non-acceptance of the inheritance by those heirs within the announced period, the official shall register according to the evidence presented by the applicant demonstrating their legal rights. However, if the applicant cannot bring all the heirs listed in the family tree to consent or cannot present evidence of the non-acceptance of the inheritance by those heirs within the announced period, the official shall reject the application.
                                               In cases where a court order is required as evidence of the non-acceptance of the inheritance by the heirs, the applicant must present the final court order along with the consent of those heirs. If there is no such court order yet, the official shall hold the matter in abeyance until a final court order is issued. In such cases, the applicant must present evidence of the court proceedings to the official within thirty days from the date the heirs consented. If the applicant fails to present evidence of the court proceedings to the official within the specified time, the official shall reject the application.

                                               Issued on February 23, B.E. 2516
                                               General P. Jarusathien
                                  Minister of the Interior
 
Note: The reason for the promulgation of this ministerial regulation is due to Section 81, paragraph three of the Land Code, as amended by the announcement of the Revolutionary Council No. 334 dated December 13, B.E. 2515, which stipulates the criteria and procedures for registering rights concerning real estate acquired by inheritance in the ministerial regulation, thus necessitating the issuance of this ministerial regulation.

Download from the link
https://web.krisdika.go.th/data/law/law4/%BB02/%BB02-2b-2516-024.pdf 

Land Department Regulation on the Registration of Rights Concerning Real Estate Acquired by Inheritance B.E. 2548 (Amended to Present (Version 4) B.E. 2557)
 
Download the full text from the link  https://www.dol.go.th/registry/Documents/5460.pdf
 
Guidelines from the Land Department on the Registration of Rights Concerning Real Estate Acquired by Inheritance (B.E. 2551)
 
This addresses inquiries on how to proceed with issues arising from applications for registration related to inherited land, which number over a hundred cases. Please download the full text from the link http://bit.ly/39t88C1


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