Define Properties acquired by Inheritance
Foreigners’ right on properties acquired by inheritance.
Right on Land
Section 93 of Land Code “A foreigner who acquires land by inheritance as statutory heir can have an ownership in such land upon a permission of the Minister of Interior. However, the total plots of land shall not be exceeding of those specified in Section 87”
Section 87 of Land Code “The total plots of land permitted to be owned by foreigners shall be as follow:
(1) For residential purpose, not exceeding; 1 rai per household
(2) For commercial purpose, not exceeding; 1 rai
(3) For industrial purpose, not exceeding; 10 rai
(4) For agricultural purpose, not exceeding; 10 rai per household
(5) For religious purpose, not exceeding; 1 rai
(6) For charity purpose, not exceeding; 5 rai
(7) For cemetery purpose, not exceeding; ½ rai”
A foreigner who has legally married Thai spouse under Thai law is entitled to request for an ownership in land as statutory heir. Such request shall be executed in writing submitted to the Minister of Interior. The Minister of Interior shall have the sole discretion to grant permission. The land devolved when combined with the land already acquired shall not exceed that specified by law, for examples, land for residential purpose not exceeding 1 rai per household. However, if a foreigner is inheritor under will, the above clauses of land code shall not be applied.
It must be noted that sections 87 and 93 of the Land Code Act originates from a time when Thailand had treaties allowing foreigners to own land. Currently there is no treaty in place and therefore no Minister of Interior will allow a foreigner as a statutory heir to own or inherit land in Thailand. Any foreigners who inherits land as a statutory heir shall within 1 year dispose of such land.Right on Condominium
Section 19 of Condominium Act (1979) “Alien and juristic persons regarded by law as aliens may hold ownership of an apartment if they are the following:
(1) Aliens permitted to have residence in the Kingdom under the immigration law
(2) Aliens permitted to enter into the Kingdom under investment promotion law
(3) Juristic persons as provided in Sections 97 and 98 of Land Code and registered juristic person under Thai law
(4) Juristic persons which are aliens under the Announcement of National Executive Council No. 281 dated November 24, B.E. 2515 and have obtained promotion certificate under investment promotion law
(5) Aliens or juristic persons regarded by law as aliens who have brought in foreign currency into the Kingdom or withdrawn money from Thai Baht account of the persons who have residence outside the Kingdom or withdrawn money from foreign currency account”
Section 19 Septem of Condominium Act (1979) “An alien or juristic person regarded by law as alien other than those specified in Section 19 who acquires an apartment by inheritance as statutory heir or legatee or otherwise, as such case may be, shall notify in writing the Competent Official within a period of sixty days from the date of acquisition of ownership of apartment, and shall dispose of such apartment within a period of not exceeding one year from the date of acquisition of the fourth paragraph of Section 19 quinque shall apply mutatis mutandis”
Section 19 quinque (paragraph fourth) of Condominium Act (1979) “The disposition of apartments shall be made within a period of not exceeding one year from the date of acquisition of ownership of such apartments. If the disposition is not made within the said period, the Director-General of Land Department shall have the power to dispose of such apartment, and the provisions regarding the compulsion of disposition of land under Chapter 3 of Land Code and the Ministerial Regulations issued thereunder shall be applied to the disposition of such apartment mutatis mutandis”
A foreigner who acquires a condominium unit by inheritance either as statutory heir or inheritor under shall automatically have an ownership in such unit. However, it is required by law that the unit shall be disposed either by selling or giving to other Thai persons within 1 year from the date of acquisition of such condominium unit. If the foreigner fails to do so, the Director-General of Land Department shall have power to sell it on the foreigner’s behalf.
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