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Am I the heir to my Thai mother's building land?

By Submitted Message
Posted in Reader question
Tags: ,
December 24 2018

Dear readers,

I am of Thai origin. I have lived in Belgium since 1991, when I was 9 years old. My mother was married to a Belgian, but unfortunately their marriage did not last long, after 5 years they were divorced. When they were still together they had bought a building plot in Chiang Mai in my mother's name.

Unfortunately, my mother passed away in Belgium last year. I went to Thailand this year to reapply for my Thai nationality. And also sad news that my father in Thailand also passed away. I now have dual nationality, a Belgian and a Thai.

My question to the readers, am I automatically an heir to her building land? Am I entitled to that ground? Who and where should I contact? Which documents do I need for this?

Best regards,

Tie

Number of times read: 212

11 Responses to “Am I an heir to my Thai mother's land?”

  1. ruud says up
    24 December 2018 at 10: 46

    I'm not a law expert, but your mother owned the land.
    Insofar as there are no other children and no will, it seems obvious to me that you are the heir.

    Now you will need to find out who handled the inheritance and where the title deeds are.
    If those title deeds are not there, you can find out at the land office what happened to that land.
    If it turns out that family has sold that land, you obviously have a problem.
    But then you end up with a lawyer.

    Since your mother died in Belgium, you would actually expect that those property deeds would be part of the estate in Belgium.
    But the first step seems to me to be the land office, if you can't find those title deeds.
    They have copies of all transactions there, and you can probably request a copy there as well.

    • Ger Korat says up
      24 December 2018 at 20: 10

      For title deeds, it is quite simple to go to the Land Office in the district to which the land falls. A new document is always available there. Saves searching. It is known that Tie is the child because if he has Thai nationality, someone else in the family cannot sell the property. I would go to the Land Office as soon as possible to register the name as the newest owner, precisely to report that you are the one who acquired it by inheriting it as a child due to the death of the mother. Can't it be claimed by other family that there are no children and in this way appropriate ownership rights.

      • ruud says up
        25 December 2018 at 18: 03

        Tie doesn't have to be the only child.

        Inheritance law does not work the same as in the Netherlands.
        There is much more freedom to determine who inherits what.
        It is not impossible that the mother left the land to someone else.
        Whether that is likely is another story.

  2. Antonius says up
    24 December 2018 at 13: 28

    Dear Tie,

    It is a pity that you have already lost both natural parents at the age of 39.
    I think whether you are heir to the land depends on whether you already had a Thai passport at the time your mother died.
    As a Belgian you cannot own land, but as a Thai you can. So first check whether you already had a Thai passport on the date of death. Or ask legal advice from an expert in Thailand.

    Good luck Anthony.

    • French Nico says up
      25 December 2018 at 00: 21

      The fact that she, as an (exclusively) Belgian national, is not allowed to own land in Thailand does not alter the fact that she can inherit land as an heiress. Then she should sell it, I think within a year, but I could be wrong.

  3. Jos says up
    24 December 2018 at 14: 13

    Dear Tie,

    For a Thai nationality you do not need a passport, but an ID card.

    Passport is nothing but a travel document.

    At the age of 15 you get an ID card as a Thai.

    Your mother's estate should include title deeds.

    Nowadays these are yellow or blue books

    https://www.thailandlawonline.com/article-older-archive/thai-house-registration-and-resident-book

    https://www.thailandlawonline.com/article-older-archive/ownership-of-a-home-in-thailand

    These booklets can contain several owners.
    If 1 dies, the property reverts to the other.
    That could be her brother or sister, your uncle or aunt.

    I don't know what it was like 30 years ago.

    Greetings from Josh

    • HansNL says up
      24 December 2018 at 15: 58

      Unfortunately, the Tambien Baan, the blue version, basically says nothing about ownership.
      Not the yellow version at all.
      Both only indicate who lives in a house, ownership is determined by a title deed issued by the Land Office, as in the Netherlands by the land register.
      Who inherits the property upon the death of the registered owner is determined by the law of inheritance, and not who is or is not described in the blue Tambien Baan.
      If I'm not mistaken, the person who asked the question is Thai, because his father and mother are Thai.
      Not being registered in a blue Tambien Baan was probably the problem for obtaining an ID card, I think the determination of the right of inheritance has also been confirmed.

    • somewhere in thailand says up
      25 December 2018 at 14: 23

      At the age of 15 you get an ID card as a Thai.
      That's not right Josh.

      You can get a Thai ID as soon as your child turns 8 years old.
      My daughter was born on 20/11/2009
      and we applied for and received the ID card for her on December 15, 2017
      and it is valid until November 19, 2026.
      One day after the 8th birthday you can already apply for it for your child at the municipality.

      Pekasu

  4. RonnyLatPhrao says up
    24 December 2018 at 15: 36

    The yellow or blue Tabien lane is proof of address only. Not of ownership.
    Just proves that someone lives or has lived at that address.

    “Contrary to what is often assumed by foreigners this document has nothing to do with ownership of a house or condo and cannot be used as proof of ownership”

    see your own posted links.

    • RonnyLatPhrao says up
      24 December 2018 at 15: 37

      Was a response to Josh.

  5. Frits says up
    25 December 2018 at 03: 28

    Make contact with a brother and/or sister of mother. Go to the Land Office. Hire a Thai Lawyer. Costs something, but after all it is about capital after all land. Land is one of the main sources of "old age" provision in Thailand. Absolutely that my mother had suggested it that way. It is a pity that all this could not take place.


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