Children/minors Of "aliens" As Property Owners

[srisatch]

In spite of diligent reading I have not yet 100% cracked this one!

Can a child with Thai Birth Certificate/Passport (and also a UK passport and birth certificate) but a farang father own land/property?

If yes..Where is the money the money supposed to come from? Child's UK/Thai Bank account..Mother's UK Bank account....What other documentation would be required...affirmation that money is all derived from mother's earnings..what else?

[COBBER]

In spite of diligent reading I have not yet 100% cracked this one!

Can a child with Thai Birth Certificate/Passport (and also a UK passport and birth certificate) but a farang father own land/property?

If yes..Where is the money the money supposed to come from? Child's UK/Thai Bank account..Mother's UK Bank account....What other documentation would be required...affirmation that money is all derived from mother's earnings..what else?

<{POST_SNAPBACK}>

Rumor has it that when the laws were changed to allow thai women married to farlang the right to own property,they also took away the rights of minors to own property.

Prior to this you could buy property in the name of your child if they were a thai citizen.

Now if the child is under 20 you must name an adult thai person as a trustee so there is not really any safeguard in doing this.

You really need to consult a competant property lawyer to confirm this.

[Dragonman]

In spite of diligent reading I have not yet 100% cracked this one!

Can a child with Thai Birth Certificate/Passport (and also a UK passport and birth certificate) but a farang father own land/property?

If yes..Where is the money the money supposed to come from? Child's UK/Thai Bank account..Mother's UK Bank account....What other documentation would be required...affirmation that money is all derived from mother's earnings..what else?

<{POST_SNAPBACK}>

The child can own property with a guardian nominated. However what are the advantages in doing this as it will presumably be the mother anyway. The disadvantage is you would require a Court to allow you or the mother to sell the property as funds would be allocated to the child not the parents. If you feel the value of the house on any breakdown of marriage would go to the child, I doubt it if the wife has custody. However there are all individual circumstances which a judge would consider.

[srisatch]

MMmmmmmmmmm

I can find trustees..who are probably no more wicked than farang trustees.....the point is not to deprive wife of property...she has her own..but to ensure the kids also have their own.................and yes...wives are young as are children..and I am old....so its probably better to leave their money in the UK and let them sort it out..no??!....Its one thing to walk away from my stuff...another to disspate theirs

[chiangrai57020]

In spite of diligent reading I have not yet 100% cracked this one!

Can a child with Thai Birth Certificate/Passport (and also a UK passport and birth certificate) but a farang father own land/property?

If yes..Where is the money the money supposed to come from? Child's UK/Thai Bank account..Mother's UK Bank account....What other documentation would be required...affirmation that money is all derived from mother's earnings..what else?

<{POST_SNAPBACK}>

I just returned from visiting a Thai lawyer. Got tired of waiting for Sunbelt Asia to reply!

The lawyer stated, specificly, that a Thai citizen minor (8 years) CAN own land and be recorded on the Chanote Ti Din (Land Document) as the owner. He also stated that the land could not be sold until the minor turned 20 years of age. I specifically asked if it was a requirement to have an adult Thai nominee sponsor (owner). He stated, again, specifically, that no Adult was required. I asked about entering the mother's name (a Thai non-citizen) on the document as a Usufraut and he stated it could NOT be done BUT for some reason my name could be added to the Chanote as Usufraut!!!

Here is the problem! I have lived in 4 different Ampur's since arriving in Thailand 7 years ago. Everyone of them operate under their OWN rules. Where one says a certain thing can be down, another will say - NO WAY!! Laws and rules do not seem to apply anywhere, with the possible exception of the Courts!!

Hope this helps!

EDIT NOTE: Had to correct selling error.

In addition to the above. I asked the Thai lawyer, What would happen to the Land if the child would to die before the mother obtained her Thai citizenship? Would she loose the Land? He specifically stated that since the mother was the heir that the Land would be transferred to her EVEN though she is not a Thai citizen???? (Hummm!) I have my doubts about this one. This will have to be confirmed with the 'rulers' at the Ampur.

As soon as we go through the entire procedure of purchasing the land and registering the land, I will provide an update. May be as long as a month from now.

Edited October 13, 2005 by chiangrai57020

[cathyy]

In addition to the above.  I asked the Thai lawyer, What would happen to the Land if the child would to die before the mother obtained her Thai citizenship?  Would she loose the Land?  He specifically stated that since the mother was the heir that the Land would be transferred to her EVEN though she is not a Thai citizen????  (Hummm!)  I have my doubts about this one.  This will have to be confirmed with the 'rulers' at the Ampur.

I have that same info about a farang being able to inherit land from my Thai lawyer. He also told me that the farang has one year after inheriting the land to dispose of it.

[Dragonman]

In addition to the above.  I asked the Thai lawyer, What would happen to the Land if the child would to die before the mother obtained her Thai citizenship?  Would she loose the Land?  He specifically stated that since the mother was the heir that the Land would be transferred to her EVEN though she is not a Thai citizen????  (Hummm!)  I have my doubts about this one.  This will have to be confirmed with the 'rulers' at the Ampur.

<{POST_SNAPBACK}>

I have that same info about a farang being able to inherit land from my Thai lawyer. He also told me that the farang has one year after inheriting the land to dispose of it.

<{POST_SNAPBACK}>

Some of the information provided by the lawyer is accurate, some extremely dubious and I would seek second opinion elsewhere!

Land can be sold before the child reaches 20 years by Court injunction.

No sponsor is required but I would recommend Guardian/Administrator outlined.

I find no legal basis for the statement that the mother would inherit the land as a foreigner prior to her becoming a thai citizen. The matter would have to go before the Ministry of Interior for agreement under the Land Acts.

No one at the Amphur will confirm that this can be done.They ain't got a clue, as have few thai lawyers.

chiangrai, why are you applying a usufruct and not a lease, who advised this?

As for the statement that a farang can inherit as long as he sells within 1 year, again I can find no basis for this in my legal reports. Although there are provisions for this regarding condo inheritance and Company failure.

[Sumitr Man]

As for the statement that a farang can inherit as long as he sells within 1 year, again I can find no basis for this in my legal reports. Although there are provisions for this regarding condo inheritance and Company failure.

Besides the aforementioned rules and conditions, an alien may acquire land by inheritance as statutory heir, in this instance, the land devolved when combined with the land already acquired shall not exceed that specified by law, for examples, land for residential purpose not exceeding 1 rai per household, land for commercial purpose not exceeding 1 rai, land for industrial purpose not exceeding 10 rais, and land for agricultural purpose not exceeding 10 rai per household.

http://www.dol.go.th/guide/land_080745_eng.htm

SM

[Dragonman]

As for the statement that a farang can inherit as long as he sells within 1 year, again I can find no basis for this in my legal reports. Although there are provisions for this regarding condo inheritance and Company failure.

Besides the aforementioned rules and conditions, an alien may acquire land by inheritance as statutory heir, in this instance, the land devolved when combined with the land already acquired shall not exceed that specified by law, for examples, land for residential purpose not exceeding 1 rai per household, land for commercial purpose not exceeding 1 rai, land for industrial purpose not exceeding 10 rais, and land for agricultural purpose not exceeding 10 rai per household.

http://www.dol.go.th/guide/land_080745_eng.htm

SM

<{POST_SNAPBACK}>

SM. My interpretation is that despite this, permission is still required from the Ministry of Interior regarding conditions for inheritance of land. Possibly this is where anecdotal evidence of 1 year requirement for sale of land comes.

[Sumitr Man]

Correct. Minster approval is required. Provided you get the permission, and the land is within the space limitation, nothing stopping you from keeping it. If the Minister denies your application, yuou have 1 year to sell.

Section 93 & 94 (I think, or there abouts) of the Land Code.

SM

[chiangrai57020]

In addition to the above.  I asked the Thai lawyer, What would happen to the Land if the child would to die before the mother obtained her Thai citizenship?  Would she loose the Land?  He specifically stated that since the mother was the heir that the Land would be transferred to her EVEN though she is not a Thai citizen????  (Hummm!)  I have my doubts about this one.  This will have to be confirmed with the 'rulers' at the Ampur.

<{POST_SNAPBACK}>

I have that same info about a farang being able to inherit land from my Thai lawyer. He also told me that the farang has one year after inheriting the land to dispose of it.

<{POST_SNAPBACK}>

Some of the information provided by the lawyer is accurate, some extremely dubious and I would seek second opinion elsewhere!

Land can be sold before the child reaches 20 years by Court injunction.

No sponsor is required but I would recommend Guardian/Administrator outlined.

I find no legal basis for the statement that the mother would inherit the land as a foreigner prior to her becoming a thai citizen. The matter would have to go before the Ministry of Interior for agreement under the Land Acts.

No one at the Amphur will confirm that this can be done.They ain't got a clue, as have few thai lawyers.

chiangrai, why are you applying a usufruct and not a lease, who advised this?

As for the statement that a farang can inherit as long as he sells within 1 year, again I can find no basis for this in my legal reports. Although there are provisions for this regarding condo inheritance and Company failure.

<{POST_SNAPBACK}>

This my 4th attempt to reply!!! Thanks for the clarification.

I am aware of the Court requirement for selling land of a minor.

Have been informed, by lawyer and postings to TV, that a non-Thai can inherit land BUT must be sold within a year. Howver, the Usufruct is supposed to provide some protection in that the land can remain with the 'family'. 'Thru-out Life'!!

Can land be Leased by a minor? Legally?

Again, thanks for the clarification.

[Dragonman]

In addition to the above.  I asked the Thai lawyer, What would happen to the Land if the child would to die before the mother obtained her Thai citizenship?  Would she loose the Land?  He specifically stated that since the mother was the heir that the Land would be transferred to her EVEN though she is not a Thai citizen????  (Hummm!)  I have my doubts about this one.  This will have to be confirmed with the 'rulers' at the Ampur.

<{POST_SNAPBACK}>

I have that same info about a farang being able to inherit land from my Thai lawyer. He also told me that the farang has one year after inheriting the land to dispose of it.

<{POST_SNAPBACK}>

Some of the information provided by the lawyer is accurate, some extremely dubious and I would seek second opinion elsewhere!

Land can be sold before the child reaches 20 years by Court injunction.

No sponsor is required but I would recommend Guardian/Administrator outlined.

I find no legal basis for the statement that the mother would inherit the land as a foreigner prior to her becoming a thai citizen. The matter would have to go before the Ministry of Interior for agreement under the Land Acts.

No one at the Amphur will confirm that this can be done.They ain't got a clue, as have few thai lawyers.

chiangrai, why are you applying a usufruct and not a lease, who advised this?

As for the statement that a farang can inherit as long as he sells within 1 year, again I can find no basis for this in my legal reports. Although there are provisions for this regarding condo inheritance and Company failure.

<{POST_SNAPBACK}>

This my 4th attempt to reply!!! Thanks for the clarification.

I am aware of the Court requirement for selling land of a minor.

Have been informed, by lawyer and postings to TV, that a non-Thai can inherit land BUT must be sold within a year. Howver, the Usufruct is supposed to provide some protection in that the land can remain with the 'family'. 'Thru-out Life'!!

Can land be Leased by a minor? Legally?

Again, thanks for the clarification.

<{POST_SNAPBACK}>

Usufruct in Thailand is 30 years and dies with the holder of the usufruct. Discuss with your lawyer what he thinks of usufructs. I am not a fan from a legal perspective.

I would presume that leases cannot be obtained by minors as per contractual laws.