Thailand Law Library

by Thailand Lawyer

Chapter 6: Recording of Rights and Legal Acts

In case of redemption of land mortgage or redemption of the land sold with right to redeem whereby a document of land rights has been issued to the said land, the land rights holder or the person with right to redeem may, upon the document made by the mortgagee or the buyer evidencing that the land is already redeemed, present the document of land rights to the competent officials in order to have such redemption registered.

After examined by the competent officials, if it is found correct, the record of redemption shall be made on the document of land rights.

In filing an application for registration of rights and juristic acts related to immovable property devolved by succession, the successor shall present the evidence related to the land or the document of land rights together with evidence of succession to the competent officials under Section 71.

If the said document of land rights is kept by other person, the competent officials shall have power to call for such document.

After inspecting and interrogating witnesses and evidence to the convincing effect that the applicant is the successor, the competent officials shall prepare written notices to be put up publicly at the Land Office, the District or Amphoe or King-Amphoe Office, the Municipality Office, the Sub-District Administrative Office, the Sub-District or Kwang Office, or the Sub-District Headman Office of the locality in which the land is situated, and within the confinement of the land for a period of thirty days. The competent officials shall send such notices to all successors as confirmed by the applicant with all possible efforts. If no successor entitled to the inheritance makes any objection within the designated period of time and there is convincing evidence that the applicant is entitled to the inheritance, the competent officials shall carry out the registration in accordance with the rules and procedures prescribed in the Ministerial Regulations.

In case of opposition by the successor entitled to the inheritance, the competent officials shall have power to interrogate the other party and summon any person to give statements or furnish the relevant document as necessary for settlement. If the settlement is not agreed upon, the competent officials shall give an instruction as it deems advisable.

The competent officials shall notify the other party of the said instruction and the party dissatisfied with the instruction may file a lawsuit within sixty days after being notified. If such party fails to file a lawsuit and to present to the competent officials the evidence showing the entry of the plaint accompanied by a copy of such plaint claiming the right of inheritance within such time period, the instruction of the competent officials shall be implemented.

Provided that the successor files a lawsuit within the designated time under paragraph four or other successor entitled to the inheritance has filed a lawsuit to claim such inheritance prior to the registration of rights and juristic acts related to the said inheritance, the competent officials shall, upon the presentation of evidence affirming the entry of the plaint accompanied by a copy of plaint to the competent officials, cease the registration thereof and shall subsequently carry out this matter in compliance with the Court’s judgment or order.

Any person wishing to have the executor’s name registered on the document of land rights shall file an application together with such document of land rights and the document evidencing the authorization of executor with the competent officials under Section 71. If such person is the executor by Court’s order or administrator, the competent officials shall proceed with the registration as requested. If such person becomes the executor through other means, the competent officials shall make enquiry and examine the evidence and the provisions of paragraph two of Section 81 shall apply mutatis mutandis. If no objection, the competent officials may register the executor’s name on the document of land rights. If otherwise, the registration shall be suspended as the other party may bring the matter to the Court. Upon the final Court’s judgment or order, the matter shall be carried out in compliance therewith.

In a case where the executor whose name has been on the document of land rights requests the registration of land rights for the successor, the competent officials may proceed with the registration as requested without production of notice under Section 81. In a case where the trustee of the lawfully established trust requests the registration as a trustee, the competent officials may, upon the interrogation and examination of witnesses and evidence, carry out the registration as requested.

Any interested party in the land that may be registered or altered of its existing register by the execution of the Court’s judgment, wishing to have the land attached shall file an application with the competent officials under Section 71.

Upon the interrogation and examination of witnesses and evidence presented by the applicant, the competent officials shall, if considers convincing, attach such land for a period of thirty days from the date of order of attachment. Upon the expiration of such period, the attachment shall deems terminated and the said person may not file for the re-attachment under the same circumstance.

If the interested party makes objection that the attachment is unlawful, the competent officials shall have power to interrogate and examine witnesses and evidence to the extent necessary. In a case where it is convincing that the attachment is unlawful, the competent officials shall have power to terminate such attachment and notify the person requesting the attachment of such termination.