30 years ? Can sell the property while renting for 30 yrs ?

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Super Joe
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Re: 30 years ? Can sell the property while renting for 30 yr

Post by Super Joe »

Nereus wrote:Re the ID card issue: what you have quoted, SJ, is at odds with recent advice from a Lawyer.
What did they say the correct situation was, if an ID card is required? That a child can obtain an ID card earlier than the 15 years stated here by the gov: http://www.dopa.go.th/English/servi/serv.htm, or that a child can not register land until 15 years old?
There's 3 or 4 reports I've read, that seemed genuine and from responsible posters, who give details of how their child managed it, down to quite young too where they couldn't even sign, but had their fingerprint recorded. I did read one post (but nothing to substantiate it), that you can request and obtain on a birth certificate, a child's future ID card number, but without the card until later!?!?


Nereus wrote:Re the Will: My Daughter is the executor / administrator and the property Willed to her Daughter. (my Granddaughter). Drawn up by Bangkok lawyer at much expense!

BUT: from past experience, an objection lodged by ANYONE, will see it into Court, and the first instance I wrote about dragged on for 10 years and I still lost!

It is a complicated matter, and the Lawyers are going to make it even more so for their own benefit. The legal system can work, but it takes years, unless your name is Taksin!
Yeah complicated as hell, this is what worried me though Nereus, and could be a problem equally whether I'm left or the wife is:
Section 1577: A person may transfer by legacy or gift a property to a minor, subject to its being managed, up to the time of majority, by a person other than the person exercising parental power. Such manager must be named by the transferor, or in default by the court, and his management shall be subject to section 56 section 57 and section 60

Now we were told to name an executor to manage our son's inheritence if we both went at the same time, that's obvious, but this reads that the remaining parent/guardian can not manage the child's inheritied property, because they will have parental power. It says the person making the will has to name this person, if that doesn't happen, then who does get the job?? next of kin in-laws presumably :shock:

It might not actually apply in reality and they let remaining parent manage it, but some lawyers are pointing it out on their websites, which is where I saw it, the one that did our wills never mentioned it. And family members challenging who controls their daughters/sisters property is exactly the thing that is most likely to happen :?

SJ
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Nereus
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Re: 30 years ? Can sell the property while renting for 30 yr

Post by Nereus »

I do not recall exactly what they quoted, but basically that the child had to be 15 / 16 (not clear either?) and therefore have an ID card. (as an aside, if it is gifted or given free, the normal tax and transfer fees still apply). It may well not be what the law says, just what they have told me!

They may have had in mind that section 1577 that you have quoted, and not bothered in explain it. Although I do seem to recall that they said that the child's Mother could be appointed.

They have misled me as per the other thread with the tax issue, so I no longer believe ANYTHING that they tell me. Of coarse, some of this gets lost in the translation, and a lot of Thai laws appear to be ambiguous after translation. One of the reasons I have used this particular Lawyer is that he went to School in the UK for 5 years, and speaks fluent English. The principles wife is also a Government approved translator and speaks fluent English.

The last line of your post is EXACTLY what happened to me in the past! :cheers:
May you be in heaven half an hour before the devil know`s you`re dead!
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