Thai minor owning property

[Tom4u 0]

Is it possible for a farang and a Thai minor child to hold property title? Can a Thai minor child hold property in his/her own name? How about mother, child and farang holding

1/3 each? Thanks for taking the time.

[ting_tong 63]

I wanted to buy some property, have it in my friends childrens names, have them sign a 30 year lease. Could not do it. They have to be 18yo.

 

I figured that after 30years, they can have it. Cant take it with you!

[Tom4u 0]

I wanted to buy some property, have it in my friends childrens names, have them sign a 30 year lease. Could not do it. They have to be 18yo.

 

I figured that after 30years, they can have it. Cant take it with you!

I was thinking of something similar. Well, have you had any other thoughts on how it might be accomplished?

[elef 0]

Thai minors can own land and farangs can never own land. Thai parents often register land in the name of a son or daughter so there's no problem. Of course a child under 18 can't sign a legal document so a guardian must do it, I also guess that a father can't act both as guardian and leaseholder at the same time, probably you must involve the mother or an other thai family member for signing, maybe a judge can say OK instead. Contact a lawyer to help you arranging it.

[kolobos 0]

As I am aware under 18 can not by property.

 

Farangs can own land....controversial? Well no, not really...look into having the YELLOW BOOK for land ownership...farang can legally own land upto 1 rai.

 

However, thinking of buying land, why put it in a Thai's name anyway...put it through a company and sleep well at night

[elef 0]

Sorry kolobos, as far as I know even this against the Land Code, but with a thai wife you can have a Yellow Book of House Registration Certificate (Thor.Ror.13) but just for the house and not own the land Source

[elef 0]

Father of TGF has registered several land areas in the name of her young brother who is 7 y o.

[kolobos 0]

Elef,

 

Maybe you can correct me once again?...though as I am aware, if farang have possesion of the 'yellow book' and his Thai wife was to die, she can bequeath the land to her spouse.

[elef 0]

Better ask a lwayer, I think you can own the land a short time (months I think) but you must sell it, of course you do that to a family member. The best and safest way is to have a child who is thai citizen. As I mentioned in an other thread I've seen a land paper with a farang name on as a result of a bribe and of course it's completely worthless. Many both farangs and thais are making money to make smart solutions which are illegal in the end. It's always best to ask a lawyer and have him checking the papers before you pay the money.

[kolobos 0]

Oh, I also forgot that farang can own land and house upto 1 rai if he/she was to invest 40 million baht in a Thai company and obtain the permission from the Minister of Interior

[elef 0]

Googled and found this:

 

By law, a foreigner is allowed to be his/her souse's executor. All non land properties,

legally allocated in the will van belong to any national. However in the matter of

land, the law allows to foreigner to legally take possession of the land only for a period

of 1 year during which the foreigner must either transfer deed to a Thai national, or

set up a company which controls the land. But, in practice, the Land Office usually

allows the foreigner to process it only for a short period. That might cause trouble when transferring ownership to a new buyer. It is strongly recommended that foreigners

should sell the land within 180 days after getting possession to avoid difficulty in

transferring ownership to a new owner.

Source

 

I've also heard about the 40 million investment giving the right to own 1 rai, but never heard of anybody doing it. Either that law is not completed or they forgot to change the Land Code, so the land offices will not give you the right anyhow.

It seems stupid to invest 40 millions to own a small land, in that case it's better to put as much money you need in a company instead anf let the company own the land.

 

"The Elite Card holders can also own land", but that's not correct you can buy the land but it's in fact owned by the company behind the EC.

Edited May 21, 2006 by elef

[kolobos 0]

Its a fact that if I invested 40mil baht in Thailand I would certainly want to live somewhere larger than 1 rai. This is a law that is in practise and at least gives you a chance to own a rai...I wouldn't have minded having a rai of prime land pre-property boomtime in say 'Bangkok' for instance!

 

I have read your source regading the 1 year time limit, although my lawyer friend says that if it is bequeathed and there is nobody else named in the last will and testament this information is incorrect???

 

Regarding The EC...My friends and I all think this is somewhat 'shady'...I comment on this no further

[elef 0]

Maybe best you ask your lawyer to check with the land office how they apply the law in such cases, so you not will have problems in future. Note that different land offices don't interpret the law the same way, for instance many land offices don't accept if thais just own 51 % in a company which wants to register land, I've heard 60-70 % in some cases.

[elef 0]

Yet another one.