Some Questions I Couldnt Find In The Forum

[somchai74]

I am half thai half dutch been living in the netherlands almost my whole live.

My mother lives in chiang mai, san kampheang, we used to own some land there but later sold it.

Now almost 25 years later i come back and hear its still for sale and im thinking to buy it.

I have only a dutch passport and was born there so i would guess that i cant buy land on my own name am i right?

If i cant buy it on my own name, i was thinking buying it on my mother her name but...

My mother is pretty old, what will happen to the land and (house i want to build on it) if she pass away?

Hoping to get some answers on this

[chiangmaibruce]

So are you a thai citizen or could you apply to be recogised as a Thai citizen? This would determine the answer to both your questions

[Crossy]

This is probably better in the visas forum as it's more about Thai citizenship (which I believe you should be able to get) than land ownership per-se.

Get a Thai passport and you'll be able to buy in your own name.

Let's see what the experts have to say.

[somchai74]

i go look around at the visa forum thx!

i really dont want to lease land, it somehow doesnt feel right to me

[Mario2008]

You are a Thai national, with all the rights a Thai perosn has. However, since you were born in the Netherlands the qustion is if you have a Thai birth certificate, in essence did your mother report your birth to the Thai embassy in The Hague and got you a Thai brth certificate. Withthat the Thai government would be aware that you are also Thai and you could apply for a Thai ID-card, pasport etc.

Both Thailand and The Netherlands allow dual nationality in this case.

If you do have a Thai birth certificate, you can report to an amphur and have your name entered on a household registration bok of a family member. If your mother didn't report your birth to the embassy and got you a Thai borh certificate, you need to report your birth to the Thai embassy in The Hague and get a Thai birth certificat from them and can at that time also apply for a Thai passport. Optionally you can apply for the Thai birth certificate with the help of the Thai foreign ministry, consular section. They will send the paperwork to The Hague and make sure you get it back.

Once you have the Thai birth certificate you can exercise the same rights as any other Thai.

If under 30 you might be drafted for the army.

[lopburi3]

For land in your name you must be Thai and have Thai ID card/home register entry. Not sure of Dutch law which may limit your citizenship (you need to check that first) but for Thai you would need to take birth paperwork to Thai Embassy for paperwork to prove you are Thai and could obtain a Thai passport on that basis (but with mother in Thailand it may complicate matters) - you never took any action to obtain proof of Thai citizenship?

There is nothing to prevent you buying for mother but you could not buy for yourself or keep later without proving your citizenship.

[somchai74]

You are a Thai national, with all the rights a Thai perosn has. However, since you were born in the Netherlands the qustion is if you have a Thai birth certificate, in essence did your mother report your birth to the Thai embassy in The Hague and got you a Thai brth certificate. Withthat the Thai government would be aware that you are also Thai and you could apply for a Thai ID-card, pasport etc.

Both Thailand and The Netherlands allow dual nationality in this case.

If you do have a Thai birth certificate, you can report to an amphur and have your name entered on a household registration bok of a family member. If your mother didn't report your birth to the embassy and got you a Thai borh certificate, you need to report your birth to the Thai embassy in The Hague and get a Thai birth certificat from them and can at that time also apply for a Thai passport. Optionally you can apply for the Thai birth certificate with the help of the Thai foreign ministry, consular section. They will send the paperwork to The Hague and make sure you get it back.

Once you have the Thai birth certificate you can exercise the same rights as any other Thai.

If under 30 you might be drafted for the army.

i am 29 now so i better wait till im 30 to apply? i dont want to go in the army.

or does it take long to get a thai citizenship like i see in the forum people trying to get thai citizenship waiting 2 years allready.

[somchai74]

For land in your name you must be Thai and have Thai ID card/home register entry. Not sure of Dutch law which may limit your citizenship (you need to check that first) but for Thai you would need to take birth paperwork to Thai Embassy for paperwork to prove you are Thai and could obtain a Thai passport on that basis (but with mother in Thailand it may complicate matters) - you never took any action to obtain proof of Thai citizenship?

There is nothing to prevent you buying for mother but you could not buy for yourself or keep later without proving your citizenship.

i never took any action to obtain proof of thai citizenship, i have to call my mother if she have report my birth to the thai embasy but i think not.

i lost touch with thailand after my father died, last april was my 1st visit since 11 years.

at my vacation i saw the land my parents owned long time ago and its still for sale.

so this is the first time i considerd applying for thai citizenship because i dont want to lease land but buy it on my own name so i can pass it on to my children later on

[Mario2008]

The people waiting on Thai citizenship are people who are trying to be naturalized as a Thai citizenship. It means they don't have Thai nationality by ay of law but want to become a Thai out of their own free will and have to go through a whole procedure.

You on the otherhand have Thai nationality by way law. The law says that you have Thai nationality if one of your parents is Thai. The only thing you have to do is proof that you are a Thai citizen, for which your birth need to be reported to the Thai embassy in The Hague upon which you will recieve a Thai birth certificate. That means your birth is registered with the Thai government and they have a record of you being a Thai citizen.

That should not take more than 2 months. Either contact the Thai embassy in The hague or ask the Thai Foreign Ministry, cosnular section, to apply for you for a birth certificate with the Thai embassy. at the same time you can apply for a Thai passport.

The cossular section website: http://www.consular.go.th/ I believe it is the Thai antionality section or soemthing like that you need.

[somchai74]

The people waiting on Thai citizenship are people who are trying to be naturalized as a Thai citizenship. It means they don't have Thai nationality by ay of law but want to become a Thai out of their own free will and have to go through a whole procedure.

You on the otherhand have Thai nationality by way law. The law says that you have Thai nationality if one of your parents is Thai. The only thing you have to do is proof that you are a Thai citizen, for which your birth need to be reported to the Thai embassy in The Hague upon which you will recieve a Thai birth certificate. That means your birth is registered with the Thai government and they have a record of you being a Thai citizen.

That should not take more than 2 months. Either contact the Thai embassy in The hague or ask the Thai Foreign Ministry, cosnular section, to apply for you for a birth certificate with the Thai embassy. at the same time you can apply for a Thai passport.

The cossular section website: http://www.consular.go.th/ I believe it is the Thai antionality section or soemthing like that you need.

Thank you verry much for your info mario you made my day!!!

i feel so Thai right now

[somchai74]

I dont like to open many topics so i will ask them here.

Quote

If there is no will, statutory heirs will inherit in the following order:

• children, parents and spouse of the deceased – equal shares.

• parents and spouse of the deceased – spouse receives half.

• full brothers, full sisters – spouse of the deceased receives half.

• half-brothers, half-sisters – spouse of the deceased receives two-thirds.

• grandfathers, grandmothers – spouse of the deceased receives two-thirds.

• uncles, aunts – spouse of the deceased receives two-thirds.

• none of the above – spouse of the deceased receives all.

If an heir in a higher order exists, heirs in the lower orders have no rights at a

I looked around the forum and got some info i needed but im still not sure how to get it done.

My father passed away in thailand,and left money on the bank in thailand but he didnt left a will.

My father was married but later divorced from my mother, me and my sister are his only children.

From what i can understand because there is no will i have to go to court to get it sorted out?

How long can things like this take because i work and live in the netherlands and only go to thailand for vacation/family visit

Also what kind of papers is needed?

Thanks alot in advance!

[Mario2008]

Some information on Thai wills here: http://thailawonline.com/en/family/inheritance-and-wills.html

[somchai74]

I cant read the link on that website, i found this website but my english is not so good so i dont understand everything

http://www.thailandlawonline.com/Laws/inheritance-laws-civil-code-on-succession-and-inheritance.html

I hope i am in the right section

[Mario2008]

I believe it also has a short video in Thai.

[Arkady]

Holland used to prohibit dual nationality but recently libarlised their nationality laws, particularly for people who are born with two nationalities. There is a detailed explanation in Dutch and English on a Dutch government website that you should read. I don't think there is any problem in your case and anyway there is probably no way the Dutch will ever find out unless you tell them yourself.

You need to set aside some to come to Thailand and go with all necessary paperwork to your mother's amphur with her. It depends on how co-operative the district office chooses to be and you may have to be a bit persistent but you are definitely entitled to a Thai ID card, house registration certificate and passport. Then, bingo, you can own as much land in Thailand as you want. Good luck.

[Mario2008]

Actually, the Dutch government is planning to thighten the rules. But having dual nationality by way of being born to a Dutch and foreign parent is no problem.