Thai Land In A Thai Childs Name!

**Briansmallcock** · 04-08-2011, 08:00 PM

Finally, despite all the fucking rubbish and lies (mainly by Thais at the point of sale or the Tee Deen Office) I have managed to register all of the land (and may I say...a considerable ammount more....) in my sons name.

As usual, Lam Yai season brings with it the problems of "undesireable" relatives.

Most of the clan are OK, and can be welcomed, but my wife has some, shall we say "CUNTS" that live not too far away (They tried to rob me and tried to stitch her old mother up with a new roof - not to be trusted)

Last year, she needed help to finish picking the Lam Yai - and yes, the three "CUNTS" arrived - DRUNK - there was a bit of "Falling out" and it ended up with me almost killing one of them - he is the most irritating GIMP you would ever meet. (Club footed spastic legged alcoholic waste of space ever- that beats his retarded wife on a regular basis)

Anyway, back to the point, years and years ago we bought a plot of 10 Rai, about 12 years or more, we later got the chance to buy another adjoining plot of another 10 Rai about 8 years ago.

At the time I had a young baby, and, naturally, when investing in something I couldn't actually own, I wanted to make sure that if anything happened to me, the kid would at least have something he could use/sell in the future.

When I first tried to get the land titles (When we buying the land) they told us or lied to us or someone lied....anyway, they said that the baby could not have the land in his name only.

(I later found out that this appears to be a lie on the part of the Land Office as it makes it difficult for mummy to sell if times get tough - i.e. it requires a court order)

So, guillible as I was, I proceeded to register each purchase in joint names (Mother and Son)

However, on the odd occaision when I approached the subject of land rights or sale, I always found there was this slight resistance to discuss it, almost as if I was out of the picture and she considered the land to be hers.

Don't get me wrong, I don't think they would sell it, but they may use a Chanote to borrow on it.

Then there was this rumour I heard that in the case of the Thai wife dying, the land may actually revert to Satan, the grandmother!

This filled me with the fear of God, my kids inheritance in the hands of a Saffron worshipping fuckwit.

Needless to say, it gave me sleepless nights, the thought of rolling over in my grave thinking those fuckers had pawned him off with a plate of Kow Phat for 20 Rai made me sick to the stomach.

Cut to the chase.

Anyway, Lam Yai season is on us again, and the rain and for the past few days I have had to suffer a Cuntfull of Thais picking and sorting Lam Yai downstairs in my home, and to add insult to injury, the very robbing bastards I told her never ever to bring here again were sitting downstairs.

Well, last night went up like a fucking volcano to say the least, to the point she was dragged out of bed at 6 am, slung in the shower (They imbibe on whisky after a hard days fruit picking) and hauled off to the Land Office under various threats to at least FIND OUT if I can get the land signed over to my son (10 years old) only.

After I was slagged off for being a tight [at][at][at][at] by both her and the land office for not trusting a "THAI" I was told that indeed it was possible!

Halleluja!

So, after a few hours, all the chanotes were processed, (I had to drag the boy out of school for an hour) and he signed about 5 milliion photocopies, the land was all assigned into his name.

I paid the transfer tax, which came to 15K, peace of mind! I can die in peace!

Then a funny thing happened, the guy processing all of this came across with another bill, it was for 2500 Baht, I just thought it was admin fees or the price you pay for their usual fuck ups.

I paid everything, then waited another hour until they called out my sons name and handed him the freshly typed ammended chanotes.

This time, (I was sure I only handed in three) FOUR chanotes came back!!!

It appears the IDIOT WIFE, had stored one single chanote that she actually owns, in the same envelope as the ones I bought, and now (She doesn't know yet) has signed over almost half a Rai of prime riverside land to my son!!!!

Talk about a laugh - I spent about an hour later trying for the life of me to figure where abouts this piece of land was, then it dawned on me - it was HERS!!!!

I also hear that a Thai child under 20 cannot sell land without court supervision!

How I am laughing myself to sleep tonight, that will teach the fuckers!

All I ever wanted over the past few years was to make sure no one could take the land from my son, now she seems to have donated a bit herself, lovely.

NEVER carry out transactions when you are still half pissed from the night before - There is somewhere a useful moral in this story - maybe - The Meek Will Inherit The Earth?.

Or The Stupid Will Lose It!

What was a bit weird was, despite being a farang, with absolutely NO RIGHTS to land whatsoever, they made me sign some big red stamp on the back of the deeds, any ideas? or is it the usual - "I agree I have no rights and none of my money was used for this transaction"?

**alwarner** · 04-08-2011, 08:11 PM

hmmmm excellent. I can seem my lad taking a little trip to the land office soon.

**Briansmallcock** · 04-08-2011, 08:38 PM

Originally Posted by alwarner

hmmmm excellent. I can seem my lad taking a little trip to the land office soon.

And it isn't that expensive, I really have no idea how they do their valuations, but on the 20 rai, that cost me about 2.2 million, it was assesed as 1.4 million, and the taxes were 7.5K for selling and 7.5K for buying, I think it has something to do with how many years you own the land before you sell it, as I saw the Land office guy counting out years on his fingers.

They also want to know which piece of your land (if you hold more than one chanote) has your house on - I (I may be wrong) think it looked like the home chanote wasn't subject to tax, but that is just a guess as we never paid 1.4 million for anything (This was the assesment value) We paid a million for the first 10 rai and 1.3 million for the 2nd ten rai...so basically, like everything here, it sort of makes no sense whatsoever.

Maybe the land office use a standard formula?

The "Freebie" my wife kindly donated, without her knowledge, was valued at 225000, I paid 2600 Baht taxes. (You do get ripped off 20 Baht here and there for service charges, and another 20 Baht here and there for the numerous photocopies!)

The photocopy guy must make as much as the land office!

Stick to your guns, they will have to do the legal thing, do not be swayed by stupid relatives, if you don't get where you want, ask to go higher.

They looked at me like a piece of SHIT today, but Fuck them, it isn't for me, it is for my kid. At least when I die I know he has something!

**spikebs4** · 04-08-2011, 09:00 PM

glad to hear, a great result..i hope when your son gets older you tell him the tale,so he can wise-up sooner than later....

**alwarner** · 04-08-2011, 09:17 PM

Originally Posted by Briansmallcock

Originally Posted by alwarner

hmmmm excellent. I can seem my lad taking a little trip to the land office soon.

And it isn't that expensive, I really have no idea how they do their valuations, but on the 20 rai, that cost me about 2.2 million, it was assesed as 1.4 million, and the taxes were 7.5K for selling and 7.5K for buying, I think it has something to do with how many years you own the land before you sell it, as I saw the Land office guy counting out years on his fingers.

They also want to know which piece of your land (if you hold more than one chanote) has your house on - I (I may be wrong) think it looked like the home chanote wasn't subject to tax, but that is just a guess as we never paid 1.4 million for anything (This was the assesment value) We paid a million for the first 10 rai and 1.3 million for the 2nd ten rai...so basically, like everything here, it sort of makes no sense whatsoever.

Maybe the land office use a standard formula?

The "Freebie" my wife kindly donated, without her knowledge, was valued at 225000, I paid 2600 Baht taxes. (You do get ripped off 20 Baht here and there for service charges, and another 20 Baht here and there for the numerous photocopies!)

The photocopy guy must make as much as the land office!

Stick to your guns, they will have to do the legal thing, do not be swayed by stupid relatives, if you don't get where you want, ask to go higher.

They looked at me like a piece of SHIT today, but Fuck them, it isn't for me, it is for my kid. At least when I die I know he has something!

Thanks for that, we've got a bit of land nothing like you have, much smaller, but i'd like the piece we bought recently and the house when we build in his name. I trust the Mrs. but what if we got wiped out by a truck?

That's when i'd be concerned. Apart from the being dead bit. That might negate my worry.

**terry57** · 04-08-2011, 09:18 PM

So dam complicated all this shit, Must be an easier way.

**Chairman Mao** · 04-08-2011, 09:47 PM

Buy your children land back in a real country, perhaps.

**terry57** · 05-08-2011, 07:53 AM

If the sole intention is to provide financial security for your kid I'd be setting up a Trust account for him so upon my death he would get the wedge.

More than likely go on a massive Ya-Ba bender and blow the lot on piss and whores, the rest he would waste.

**Briansmallcock** · 05-08-2011, 08:04 AM

Originally Posted by terry57

If the sole intention is to provide financial security for your kid I'd be setting up a Trust account for him so upon my death he would get the wedge.

More than likely go on a massive Ya-Ba bender and blow the lot on piss and whores, the rest he would waste.

Sadly, I don't have the regular income I used to have - so this is like a make and make do type of thing where at least he will have something, and hopefully something he cannot be swindled out of.

**rickschoppers** · 05-08-2011, 08:29 AM

So what is the natural progression of land ownership in Thailand if you and your wife were to die leaving a child? Say the land is in the mother's name as is the case for many of us here on TD. Is the child not considered the next of kin and inhereits the land automatically as in many countries?

**Strongarm** · 05-08-2011, 09:41 AM

Nice one mate, a smart move I am sure!

I'm also sure you've probably pissed off a relative or two, but as you say, fuck em, its not about them or you, its about your kids future.

Well done.

**superman** · 05-08-2011, 10:45 AM

Originally Posted by Briansmallcock

When I first tried to get the land titles (When we buying the land) they told us or lied to us or someone lied....anyway, they said that the baby could not have the land in his name only.

Well done for sticking up for yourself and your son.

Can a Thai Minor Who Is Born of an Alien Own a Piece of Land?
A Thai minor who is born of an alien can own a piece of land in Thailand. This is because Article 30 of the Thailand Constitution B.E. 2540 (A.D. 1997) states that all persons are equal before the law and shall enjoy equal protection under the law. Men and women shall enjoy equal rights. Unjust discrimination against a person on the grounds of origin, race, language, sex, age, physical or health condition, personal status, economic or social standing, religious belief, education, or constitutionally political view, shall not be permitted. Article 48 Paragraph 1 states that the property right of a person is protected. The extent and the restriction of such right shall be in accordance with the provisions of the law.
To abide by the provisions of the current Thailand Constitution, the Interior Ministry has set up the following guidelines to be followed by the land competent authorities:

If a Thai minor being born of an alien wishes to make land acquisitions and registrations, and if the official inquiry reveals that there are no circumstances where law evasion has been committed, the competent authorities shall proceed with the registration of legal rights in land for the applicant.
If a person wishes to give as a gift a piece of land to a Thai alien-born minor, the competent authority shall inquire into his/her intention to give the gift to the minor and into his/her legal relations with the minor. If the property to be given as a gift is acquired by purchase, it must be determined out of whose money the acquisition has been made. That is questioned for fear that the alien parent may give the money to a Thai person to buy and hold the property as nominee owner, and later give it as a gift to the minor. However, in the case of a Thai alien-born major, no official inquiry shall be made to establish the said fact.

Previously a Thai alien-born minor was disallowed to own a piece of land. At present the statutory right and freedom provided by the current Thailand Constitution is so broad that a Thai alien-born minor can own a piece of land in the circumstances described above.

Tudor Villas - Quality Homes and Condos in Pattaya, Thailand

**Bung** · 05-08-2011, 11:10 AM

Good on you for pushing ahead with it. I recently did the same thing for my house in CM and yes, the child cannot sell it nor can the childs custodian until he turns 20 without a court order proving that it is in the childs best interest to do so.

I wouldn't tell your wife about her mistake, if your marriage goes tit's up you will be glad to have secured some small thing for your son while she grabs everything else.

**dirtydog** · 05-08-2011, 12:11 PM

Originally Posted by Briansmallcock

I (I may be wrong) think it looked like the home chanote wasn't subject to tax

Undeveloped land there is a small tax on, think mine works out to 25baht per rai per year.

**Briansmallcock** · 05-08-2011, 06:52 PM

Originally Posted by rickschoppers

So what is the natural progression of land ownership in Thailand if you and your wife were to die leaving a child? Say the land is in the mother's name as is the case for many of us here on TD. Is the child not considered the next of kin and inhereits the land automatically as in many countries?

You hit the nail on the head! To be honest, I was totally confused. I had heard that if the child was not considered to be an adult (Which seems to be 20 in Thailand regarding land deeds) that the land could actually be given to either of the grandparents, if they were surviving the childs mother.

That was one of the main reasons I got it all into his name alone.

As he also has a stepbrother, who is close to 30, then it also could have maybe gone there too...who knows, you hear so many different stories.

So the main thing now is, it is all in his name, so that headache has gone.

Believe me, the shit you hear and what the truth is, is like a spiders web, and it can seem to change as much as the wind blows.

When I first came here in '97, we looked at buying some land, I was told by a guy quite senior in the Orbitor, that a farang, if married to a Thai could own land 50/50, Oh yes they insisted, no problem!

Until I got to the Ampur office to finalise the purchase, and the first document produced for me to sign was the one that says that the land represents nothing to do with the marriage and that it belongs to the Thai partner totally.

So over the years, I have begun to treat Thai advice to be as worthless as a cup full of shit.

You just need to dig, dig deeper, and keep digging - They will try anything to try and disuade you, my son could have had all of the land in his name at the inital purchase, but the bastards at the land office persuaded me otherwise.

This time I stood my ground - they still tried to tell me that it was perfectly OK to be in joint names, and initially didn't want to change the chanotes, eventually, they realised I had read a little and was not going to budge, and they then carried out the change AS STIPULATED IN THAI LAW!!!

There appears to be nothing more required to OWN THAI LAND than to have the money, and be a Thai, so don't get fobbed off, stick to your guns for your kids sake and your own peace of mind.

**Briansmallcock** · 05-08-2011, 06:59 PM

Originally Posted by Bung

Good on you for pushing ahead with it. I recently did the same thing for my house in CM and yes, the child cannot sell it nor can the childs custodian until he turns 20 without a court order proving that it is in the childs best interest to do so.

I wouldn't tell your wife about her mistake, if your marriage goes tit's up you will be glad to have secured some small thing for your son while she grabs everything else.

Unfortunately, I did tell her last night after a few Changs - I found it hilarious, she obviously did not, I told her I want none of it, it was a stupid mistake, it is hers not mine and she is free to do with it what she wants, and my son doesn't want it either - Let's just say that this didn't pacify, so this morning she is busy selotaping the pieces of the damn chanote back together, I shredded it! I don't want it, it isn't mine, I am not a thief or a sly bastard - so now she can take her taped up chanote back to the land office and get it sorted.

They still think that they can just get it reversed, despite the fact that they all signed about 50 papers agreeing to it!!! Fuckwits!

As far as I can see, she is fucked until my son turns 20 or she takes out legal proceedings...they'll have to pick a fucking shedfull of Lam Yai to pay for that!

Anyway, that is not my problem, let them get on in their own merry way. If she does manage to reverse it, without the court order, I'll post, as it then affects the genuine chanotes that are in the kids name, we'll see!

**Briansmallcock** · 05-08-2011, 07:12 PM

Originally Posted by dirtydog

Originally Posted by Briansmallcock

I (I may be wrong) think it looked like the home chanote wasn't subject to tax

Undeveloped land there is a small tax on, think mine works out to 25baht per rai per year.

Well I get a tax (land tax bill ) on the 20 rai, which is about 300 baht a year or so, but when you go and transfer land they put some sort of purchase or transfer tax on the deal.

I don't understand it as the three Chanotes we have for my sone total about 20 rai, their value (or purchase price originally - which is stapled to the chanote on a piece of paper - states 1 million for the first chanote and 1.2 or 1.3 million on the other two) This gives about 2.4 million, yet the tax I was assesed on at the land office was for a value of 1.4 million?????

No idea where that came from, but they were very insistent for me to identify the chanote that had the house, and they also seemed very interested in how long we owned them

Anyway, the tax on 1.4 million was just over 7000 Baht, this was entered twice, I guess the seller and the buyer pay this, so it ended up at 14K.

So it looks like 0.5 % of the assesed value to both buyer and seller.

(As a side note, I remember initially buying the land, and the tax was WAY WAY more than this, I think it was about 60 or 70K Baht on the 1 million piece of land, we never saw the details as the seller paid all of that) - some weird laws here!

**spikebs4** · 05-08-2011, 07:18 PM

admire what you done.. laughing me head off, but i think you may be getting some shit your way until its sorted /LMFHO/

**pickel** · 05-08-2011, 07:21 PM

I can't imagine living in Isaan in an unhappy marriage.

**dirtydog** · 05-08-2011, 07:29 PM

Transferring to family the tax is different to normal selling, ie a lot lower, got to admit i haven't looked into it deeply as we have done nothing with the land, it was just another option.

**madjbs** · 05-08-2011, 07:57 PM

Sounds like you have a very healthy relationship......

**lob** · 06-08-2011, 12:28 PM

having said op, that your son signed for the land, is there any sway with his age. my kid is 5/6 cant write, sign her name, thumb print maybe, or is there age a criterion. ???

**Seekingasylum** · 06-08-2011, 02:31 PM

Presumably, you are prescient and see your boy maturing into a fine, upstanding, sober-minded thrifty individual?

Frankly, what you have done is utter madness. Should you pop your clogs before he reaches maturity, i.e. not until after 40 or so, there is nothing to stop him frittering it all away on the usual foolishness. I'm not surprised your wife is miffed. You have just given a potential drink addled, gambling addict the keys to the off licence and betting shop.

**tsicar** · 09-08-2011, 10:06 PM

Originally Posted by thegent

Frankly, what you have done is utter madness. Should you pop your clogs before he reaches maturity, i.e. not until after 40 or so, there is nothing to stop him frittering it all away on the usual foolishness. I'm not surprised your wife is miffed. You have just given a potential drink addled, gambling addict the keys to the off licence and betting shop.

perhaps.
but consider the alternative:
put the land and the house in the wife's name.
she croaks and the drink addled, gambling addict father in law is appointed executor of the estate, and promptly transfers everything into his own name, leaving your kids out of the equation.
happened to me.
took them to court and won, but that is a whole 'nuther story

no, the only relatively safe way to own land in thailand is to put it in your kids' names.
then hope to hell they still like you enough by the time they are old enough to be legally allowed to sell it all off, to allow you to stay on!

no real guarantees, but safer than allowing a wife to manage it all, ESPECIALLY a thai wife.

the minute you croak the rest of the family will decend like a pack of fukkn vultures and pick the bones clean and no matter how good a wife she may have been, we all know that her family, including the drink addled gambling addicts mean far more to her than you or even her own children ever did/do, and they wILL get their share, ie ALL OF IT!

**tsicar** · 09-08-2011, 10:12 PM

Originally Posted by lob

having said op, that your son signed for the land, is there any sway with his age. my kid is 5/6 cant write, sign her name, thumb print maybe, or is there age a criterion. ???

land office may try their luck but my youngest was just over two years old when land was transferred into his name.
i signed his name for him. no plomplem.
as said before on this thread:
stick to your guns and don't listen to any shit.
as long as you know the rules, you can beat them at the game.

Thread: Thai Land In A Thai Childs Name!

Thread Tools

Display

Thai Land In A Thai Childs Name!

Thread Information

Users Browsing this Thread

Posting Permissions