Thailand Law Library

by Thailand Lawyer

Chapter 3: Partition of an Estate

Until the partition of the estate is completed, the rights and duties of the co-heirs as regards the estate are in common, and Section 1356 to Section 1366 of this Code shall be applied in so far as they are not inconsistent with the provisions of this Book. Section 1746 Subject to the provisions of laws or clauses in the will, if any, co-heirs are presumed to have equal shares in the undivided estate.

Where an heir has, during the lifetime of the de cujus, received from the latter any property or other advantage by gift or by other acts under gratuitous title, the rights of such heir in the partition of the estate shall in no way be prejudiced thereby.

Any heir in possession of the undivided estate is entitled to claim partition thereof even after the lapse of the period of prescription as specified in Section 1754. The right to demand partition as provided in the foregoing paragraph may not be excluded by a juristic act for a period exceeding ten years at a time.

When an action for partition of an estate is entered in court, every person claiming to be an heir entitled to such estate may intervene in the action.

The court can neither call in to participate in the partition other heirs than the parties or the intervener in the action, nor reserve a part of the estate for such other heirs.

Partition of the estate may be made by the heirs severally taking possession of the property or by selling the estate and dividing the proceeds of sale between the co-heirs.

After the partition of an estate, if any heir is by reason of eviction deprived of the whole or a part of the property allotted to him under the partition, the other heirs are bound to compensate him.

Such obligation ceases if there is an agreement to the contrary, or if the eviction results from the fault of the heir evicted or from a cause arising after the partition.

The heir evicted shall be compensated by the other heirs in proportion to their shares, less the quota corresponding to that of the heir evicted; if any of the heirs bound to make compensation is insolvent. The other heirs shall be liable for the part of the insolvent heir in the same proportion less the quota corresponding to that of the compensated heir.

The provisions of the foregoing paragraphs shall not be applied to a legatee under a particular title.

No action for liability on account of eviction under Section 1751 can be entered later than three months after the date of eviction.