Wife Buying "inherited" Land From Aunt

[SNGLIFE]

The wife's grandmother passed last year and her aunt now has "custody" of grandma's farmland. Auntie needs money like NOW. Wife wants land for future security if something happens to me, and to give brother something to do in the meanwhile. I couldn't care less what she does with her portion of our money and I do not personally care about the land, but I do not want my wife to get shafted.

The land is sor bor gor out in the Isaan boonies (which is why I have never agreed to buy anything around there in the past). We are thinking of:

A. Paying Auntie in installments. 25% now, 50% later this year, and the balance sometime next year.

B. Getting a lawyer to draft an agreement and file the signed agreement (wife, Auntie, and Kamnam(?)) with the Amphur or land office (which?/both?) so that Auntie doesn't go sell it to someone else or encumber it with a bank loan before we pay in full.

1. Is this the proper way to handle it so that we are protected?

2. I am out of the country. Do I have to sign anything immediately or can signing away my rights wait until I go back later this year?

3. Given that the land is sor bor gor AND grandma died (no written will) AND we would have the cooperation of the Kamnam and family, would the "grandma willed it to [my wife]" angle work to pass good title to my wife?

4. Is it possible for my wife to take title now or would she have to wait until paid in full (I'm pretty sure it's up to us and Auntie, but I am sure Auntie would want all the loot, first),

5. What, if any, other things do I need to consider to ensure my wife does not get shafted on the deal?

Thanks in advance to those who post intelligent and knowledgeable replies.

Edited June 10, 2009 by SNGLIFE

[johng]

This from the isaanlawonline web site.

Sor. Por. Gor. 4-01 (S.P.G.. 4-01), is an allotment of land from the Land Reformative Committee, and under no circumstance may this land be bought or sold. It confers the right to occupy only and be transferred only by inheritance. It seems that the land may be used for agriculture only.

[SNGLIFE]

This from the isaanlawonline web site.

Sor. Por. Gor. 4-01 (S.P.G.. 4-01), is an allotment of land from the Land Reformative Committee, and under no circumstance may this land be bought or sold. It confers the right to occupy only and be transferred only by inheritance. It seems that the land may be used for agriculture only.

This is an inheritance transaction from grandma to grand-daughter. The aunt who controls the land wants to get paid for passing it on to my wife. This is a normal way of handling it in Isaan. The post is about whether we will have secured our interest in the land until such time that we have paid in full. At which time the Amphur will record the land as being in my wife's (grand-daughter) name.

Note that the land is still in grandma's name, not Auntie.

[12DrinkMore]

This from the isaanlawonline web site.

Sor. Por. Gor. 4-01 (S.P.G.. 4-01), is an allotment of land from the Land Reformative Committee, and under no circumstance may this land be bought or sold. It confers the right to occupy only and be transferred only by inheritance. It seems that the land may be used for agriculture only.

This is an inheritance transaction from grandma to grand-daughter. The aunt who controls the land wants to get paid for passing it on to my wife. This is a normal way of handling it in Isaan. The post is about whether we will have secured our interest in the land until such time that we have paid in full. At which time the Amphur will record the land as being in my wife's (grand-daughter) name.

Note that the land is still in grandma's name, not Auntie.

This all sounds very strange to me. Who told you it was "normal"? Surely not the Aunt?

How does the Aunt control the land? It's not in her name.

But as the Thai law states "under no circumstance may this land be bought or sold", it would presumably cause certain legal difficulties if the Aunt decided to leave the land to somebody else. What are you going to claim, "but I bought the land off her!"? "sorry, that's illegal".

It maybe that this is an illegal way of making some money out of "selling" the land, and that all will turn out OK in the end. But, IME, the family feuds amongst Aunts/Uncles/various offspring in Isaan can turn out bitter and hard fought, with the one holding the edge not giving an inch.

If it is money you can afford to loose, then go for it to keep the wife happy; if not, then I wouldn't even consider it. It might be interesting to see what Auntie does then...

[Orac]

This from the isaanlawonline web site.

Sor. Por. Gor. 4-01 (S.P.G.. 4-01), is an allotment of land from the Land Reformative Committee, and under no circumstance may this land be bought or sold. It confers the right to occupy only and be transferred only by inheritance. It seems that the land may be used for agriculture only.

This is an inheritance transaction from grandma to grand-daughter. The aunt who controls the land wants to get paid for passing it on to my wife. This is a normal way of handling it in Isaan. The post is about whether we will have secured our interest in the land until such time that we have paid in full. At which time the Amphur will record the land as being in my wife's (grand-daughter) name.

Note that the land is still in grandma's name, not Auntie.

Are you saying here that your wifes grandmother has left this land to your wife in a will? If so why should your Aunt get a payment for it, if not, surely she has no legal right to it, even with a payment, as it cannot be bought or sold.

[chivo]

i would ask myself: is the piece of land that great that you need to deal with this confusion and worry?

if you want to buy land so your wife is financially secure, that is noble, but why not buy something with a proper chanote. perhaps from outside the family, to spare yourself any future difficulties.