Question regarding foreigner Land Ownership and heirs

[charms]

Dear Forum,

 

Story is following:

• Foreigner bought land from land company in Phuket (and paid in full).
• Foreigner built house on the land.
• Foreigner transferred ownership of land to his (unmarried) Thai partner some years ago, with a personal lease agreement (signed in land office).
• Foreigner died a natural death.
• Foreigner had Kids (also foreigners), which now claim the lease and land with a lawyer.

 

The signed contract was constructed difficult. It has following clauses inside:

• The heirs have the right to inherit the lease of the property.
• The heirs have the right, to renew the lease for 2 times (90 years)
• The price of the property is paid in full, and the owners of the land have no right, to ask for more.
• If the Thai law changes and foreigners can own land, the owner of the land agrees to transfer the land ownership to the heirs.

 

There seem to be two possible options according to law as far I read:

• Option 1: The contract is binding according to Property Law of the Civil and Commercial Code.
  • This is a personal contract and can't be inherited by heirs. If the lessee dies then the contract ends, regardless of other options defined in the contract.
• Option 2: The contract is setup as a reciprocal contract regulated through the Supreme Court.
  • If the contract is a reciprocal contract, with proper registration in the land office, on the house, then heirs can inherit the lease for the lease term of maximum 30 years. Then they have to renegotiate with the owner of the land.
  • Longer lease terms are void according to 1412 and 1403 by law.

 

The contract is setup based on people, not on the house, and has no additional clauses which would point to a reciprocal contract based on the house.

 

My questions are following:

• Are all the clauses in the contract valid, when signed by both parties? Or do only clauses apply which are written in the Property Law of Civil and Commercial Code? According to property law, heirs can’t inherit the property in such a contract, as the contract is a personal one (not on a reciprocal one based on the house).
• Can the heirs claim to continue with the lease, even though the property law states, that heirs can’t inherit a personal contract and it is void upon death of the lessee?
• Is there any way how the heirs through a lawyer could transfer land ownership without the approval of the rightful owner of the land, according to the land office?

 

The lawyer of the heirs makes all his claims based on the signed contract, but I don’t believe, that these points can be enforced by law.

 

I base my studies on following website: 

https://www.samuiforsale.com/lease-law/

https://www.samuiforsale.com/lease-law/lease-vs-special-reciprocal-agreements.html

 

Edited May 20, 2019 by charms