Transfer of property ownership

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Transfer of property ownership

Postby barradave » Sun Dec 19, 2010 4:53 am

Hello,

My Thai wife and her 13 year old son reside with me in Australia. Her aged parents (81 and 76) are very unwell and because they have previously gifted land to my wife's sisters and brothers, have now decided to gift their home in a village near Kantharalak (Isan) to my wife. She is travelling to Thailand in February 2011 to attend to the transfer. She will travel the Government office in Sisaket to do to the necessary paperwork.

I would like the following questions answered:

1. Stamp duty, legal procedure etc. My wife says she will take her parents to the Sisaket Government office, where they will sign all the papers required for the transfer. Will there be any tax or fee involved with the transfer? Should we be using a solicitor, or will she be able to do it without legal assistance?
2. Should her son attend also? My wife's brother rang us and informed her that her 13 year old son should be present at the change over because if he doesn't attend the authorities will not believe she has a son who is living in Australia. Effectively, in the event of the death of my wife or for some other reason, she would want the ownership to pass to her 2 children (she also has a daughter attending University in Thailand).

I don't understand why there is a need for her son to attend too, but I do recognise that everything is done differently in Thailand, particularly when it comes to money. I appreciate any advice that can be provided on my questions and uncertainty. If you think there is anything else we need to address, please post your comments.

Regards,
barradave
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Re: Transfer of property ownership

Postby Roger Ramjet » Sun Dec 19, 2010 2:02 pm

barradave,
I looked at this post early this morning and had hoped someone with a little more knowledge than myself would post something sooner. I know somewhere in this legal thread I posted what is required in the form of stamp duty/transfer tax, but I couldn't find it, straight away so I gave up. (I got booted off the computer by my wife). There is no need to use a solicitor, everything is done at the Land Office of the Tesaban. I believe your parents-in-law can actually give the land to their daughter as a gift, with just a nominal 1% fee. The house should not be taken into consideration, just the land.
As far as the son attending, I don't see any need. When we had land transferred to us our 16 year old daughter did not attend, just me to sign that I had no interest in the land, even though I was the guarantor for the loan. Perhaps the in-laws just want to see how their 13 year grandson has grown and matured before they pass on?
Why don't you go to the newsagents and get a Last Will and Testament form and get your wife to deed the land to your daughter and son, that would kill two birds with one stone?
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Re: Transfer of property ownership

Postby barradave » Tue Dec 21, 2010 4:50 am

Thanks Roger Ramjet, appreciate your advice and assistance - barradave
barradave
 
Posts: 20
Joined: Fri Feb 05, 2010 11:18 am
Location: Cairns, Queensland Australia


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