Hello All,

I posted back in 2023 about my Fathers condo (see link below)

I have been doing probate in the UK, and have left the Thai side to Lawyers in Thailand.

The info from my last post was totally discounted by them, they have said that as a foreigner inheriting there is no other possible action apart from selling it within a year, before the government will take it to sell and charge a large percentage for doing so.

I guess thats because I am only a beneficiary, not an administrator.

When my Dad originally bought the condo, about 20 years ago, he did so with a friend.

After time about Dad bought him out. His Friend was not removed from the chanote as Dad had another Friend who wanted to buy it outright, which didn’t happen.

The last paperwork I have is an old notarised PoA from 2013, allowing a sale by the friend, which was never used.

Basically, the chanote was never amended. They fell out, and I don't have any contact details for the old friend. My Thai lawyer says that the chanote is supreme and there is nothing to be done about it.

Can anyone advise?

We have been in possession for 20 years, paying all bills and taxes, so could adverse possession be applicable in this instance?

I have asked if there is any supporting evidence I can dig up but they did not reply to that question.

I feel a bit useless and that this is all a foregone conclusion, so if anyone has been in a similar situation and has any advice, that would be great.

You didn't mentioned the friend's nationality, but seems like the friend is a Thai national.

There are two possibilities with condo-ownership in Thailand – similar to foreign ownership of shares in a Thai company limited – divided into 51% and 49% of the building. 51% of the condos have to be owned by Thai nationals – or a juristic person; i.e., a company – 49% can be owned by foreigners. A building with condos is considered to be similar to a company limited.

It sounds like your father's condo is within the 51% with a Thai national named on the title deed. "Chanote" is a nick name for a Nor Sor 4 title deed, which is full ownership; there are several levels of ownership in Thai title deeds. This might also be the reason why the Thai name was not changed, as the condo cannot be opwned by a foreigner.

It is correct, that property – here a condo – inherited by a foreigner shall be sold within 12 month after the estate is settled. If not sold be the heir, the State will take over and sell it. There is no way around it.

If you wish a condo in Thailand, you can use the proceeds from the sale to buy one within the 49% quota.

"After time about Dad bought him out. His Friend was not removed from the chanote as Dad had another Friend who wanted to buy it outright, which didn’t happen."

apparently not the official way, at the land department

as there is no official proof, that said friend is still 50% owner of the condo

to inherit the condo, you will have to send the same amount of the value of the condo, to inherit it, so in fact, you get ZERO, nothing at all ...

Thank you for your replies,

On 4/11/2026 at 5:34 AM, khunPer said:

You didn't mentioned the friend's nationality, but seems like the friend is a Thai national.

Apologies, no Thai nationals were involved, both my Father and his friend were UK nationals.

On 4/11/2026 at 5:34 AM, khunPer said:

There are two possibilities with condo-ownership in Thailand – similar to foreign ownership of shares in a Thai company limited – divided into 51% and 49% of the building. 51% of the condos have to be owned by Thai nationals – or a juristic person; i.e., a company – 49% can be owned by foreigners. A building with condos is considered to be similar to a company limited.

Yes, this is correct. Our block has more than 51% Thai ownership.

Many of the foreign owned units are owned outright by foreigners, it was 2 British names on the chanotes. Unlike land, condominiums can be owned outright, hence the the division of the building as you mentioned before, to create the correct balance in the percentage.

On 4/11/2026 at 6:37 AM, Jimbolkb said:

After time about Dad bought him out. His Friend was not removed from the chanote as Dad had another Friend who wanted to buy it outright, which didn’t happen."

apparently not the official way, at the land department

No, this sale, a seperate second one did not happen at all.

Not officially or unofficially.

On 4/11/2026 at 6:37 AM, Jimbolkb said:

as there is no official proof, that said friend is still 50% owner of the condo

Well, there are emails and a large transaction of money, but nothing as you say official.

On 4/11/2026 at 6:37 AM, Jimbolkb said:

...to inherit the condo, you will have to send the same amount of the value of the condo, to inherit it, so in fact, you get ZERO, nothing at all ...

Thankfully this is incorrect.

5 minutes ago, niknak said:

On 4/11/2026 at 12:37 PM, Jimbolkb said:

...to inherit the condo, you will have to send the same amount of the value of the condo, to inherit it, so in fact, you get ZERO, nothing at all ...

Thankfully this is incorrect.

I don't know what you mean with incorrect.

To transfer the condo to your name, you will have to prove that you brought the amount of money from overseas through official means.

You will not need to pay for the condo, but the land department will want a credit advice (FET) from the bank in your name.

18 hours ago, CallumWK said:

I don't know what you mean with incorrect.

To transfer the condo to your name, you will have to prove that you brought the amount of money from overseas through official means.

You will not need to pay for the condo, but the land department will want a credit advice (FET) from the bank in your name.

Apparently not in this instance, as I have to sell it within the year, to be registered in a name that is not mine. So I cannot keep it even if I wanted to. My Lawyers said proceeds go straight to my overseas bank.

1 hour ago, niknak said:

Apparently not in this instance, as I have to sell it within the year, to be registered in a name that is not mine. So I cannot keep it even if I wanted to. My Lawyers said proceeds go straight to my overseas bank.

Is this because the title is not 100% in your father's name? Will your father's friend listed on the title receive 50% of the proceeds from the sale?

I ask because in cases where a foreign is the only owner listed on the title of a condo, heirs have reported on this forum that they had two options for handling the situation. One is to sell the condo within one year as you say you are being required to do. The other is to remit currency from abroad in the amount that the land department determines is the value of the condo in order to transfer the title to the heir's name.

In most cases, heirs prefer to sell the condo for various reasons such as not having the funds or not wanting to own a condo in Thailand to not wanting to own the specific condo they are inheriting.

On 4/14/2026 at 6:54 PM, niknak said:

On 4/11/2026 at 6:34 AM, khunPer said:

You didn't mentioned the friend's nationality, but seems like the friend is a Thai national.

Apologies, no Thai nationals were involved, both my Father and his friend were UK nationals.

Then it has likely to with inherit rules, as your father only owned half – shared ownership is by default looked as 50/50 – so, you can inherit the value of your father's share. You need to talk to a layer about details, inherit cases can be complexed, especial when property and foreign ownership.