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The Time Has Come


kin hell

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Phuketrichard said:

two, that the lease is binding to all heirs in case the person that gives you the lease dies. This happened to a friend of mine. He had all his properties and house in his wifes name and she died in a car accident. The mother kicked him out the next day!! and its legal

I don't question that this happened -- but it probably happened because the lease was not registered with the land office. Had it been, under Thai law, the lessee's right to use the land is good for the entire (normally) 30 year lease period, regardlessl of who and how many landlords he may have in the interim. [Apparently, leases less than 3 years don't have to be registered to be binding -- but registering -- in all cases -- would seem to be prudent.]

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The following is quoted from some Thai legal document, which I've seen in several spots on the Internet, including right here at Thaivisa:

http://www.thaivisa.com/buy_condo_thailand.0.html

(The above link was dated November 2002, so the following info is not new, merely puzzling.)

1. Application by Aliens for Acquisition of Land

    Nowadays, an alien may apply for acquisition of land in Thailand in three cases as follows:

1.1 Receiving inheritance as a statutory heir under section 93 of the Land Code, in this instance, the total area including the land which has already been acquired (or has not yet been acquired) shall not exceed that specified in section 87 of the Land Code, i.e. not more than 1 rai for a residential purpose;

(cases two and three involve bringing lots of money)

This tells that if my wife dies, and her Will leaves everything to me (which it does), then I can now own the land that had been in her name!!

Anyone have a take on this?

I've got a 30 year lease with the wife, and this was done to allow me to live at our place should she die. But the above quote says I didn't have to do this, as I could inherit it instead!! The lease still was a good idea, in case she wants to unload me, but it certainly wasn't undertaken for this reason.

Confused, particularly after all the discussion on this forum regarding leases for aliens.

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ARRRRRGGGHHH

Jim what have you done!!

You have unleashed 'Richard the pedant' of war!!

The whole thing will erupt with a blindingly boring explaination of 'cans' and 'cann'ts' from a bunch of bar room lawyers who are drunk most of the time.

Please delete me let me go!!!

:o

Basher

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Sorry Basher. Certainly don't want to solicit blitherings. :o

But the thing on inheritance allowing land ownership by farangs warants intelligent input, drunk or otherwise. Then, again, maybe not :D

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