Acquiring Property By Gift

[Morakot]

What is the legal instrument called for acquiring house and land by gift?

What contractual arrangements are necessary for one person giving another (Thai) person house and land as a gift, in order to have the transfer approved by the land office and a Chanote deed issued?

[Khun Jean]

I don't know the anwer to that, but why you mention 'gift' and issue of chanote together.

They are very different subjects that have little to do with each other.

If the land is only for farming it normally can only be transfered to next of kin and cannot be sold or gifted.

If that is the case you would need to wait until a real ownership title is issued before going to the next step.

[Morakot]

Thank you Khun Jean. It's a Freehold Title deed (Chanote or Nor Sor 4) for "residential" land with a house on it.

So the question is: what instrument is needed to prove that land has been given as a gift (instead of being sold), in order to transfer the Chanote deed in the person's name who is the recipient of the gift (i.e land and house)?

[HullyGully]

I would lik to know the answer

This is about Thai's, and I think if its a gift and its receiived after death then the Thai pays tax on 505 od the value, less expenses

[Morakot]

I think if its a gift and its receiived after death then the Thai pays tax on 505 od the value, less expenses

This thread is about one living person giving another person property without receiving anything in return, while both are alive.

[HullyGully]

I would suggest you visit the Land Department, they will answer the question

If you find out please post the info and any costs involved

[TommoPhysicist]

Thank you Khun Jean. It's a Freehold Title deed (Chanote or Nor Sor 4) for "residential" land with a house on it.

So the question is: what instrument is needed to prove that land has been given as a gift (instead of being sold), in order to transfer the Chanote deed in the person's name who is the recipient of the gift (i.e land and house)?

You just go along to the land office and fill out the forms, filling out the reason.

For example, earlier this year my MIL gave my wife a house, on the forms in Thai it says

"I give this land to my daughter because I love her and she takes care of me"

You still have to pay for the transfer and tax (as valued by the land office), but it is reduced a bit.

(total cost of transfer was about 15k for this transaction)

[Morakot]

Thank you Tommo!

I presume there will not be any income tax, only the transfer fee. Or will there be any other tax?

[jamescollister]

TPs is right, mother to daughter piece of cake. Go to the land office, sign the paper work, nominal fees and that's that. jim