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ArranP

section 96 of the Land Code Act ‘as the owner in place of a foreigner’

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Posted (edited)

Seeking recommendations from foreigners who have had good experience with a legal firms, that;

a) charges reasonable ( as opposed to extortionate ) market rate. 

b) does not ripp off naive foreigners.

c) finishes the job.

 

I wanted to purchase land it my Thai daughters name.  However, girl friend recommended the land be bought in her name to get the planning license, and then transfer into daughters name. Now girl friend is refusing to transfer into daughters name.

 

I have since learnt that :

 If it is deemed that the Thai national acquired the land under section 96 of the Land Code Act ‘as the owner in place of a foreigner’ both the foreigner and the Thai national are liable for fines and even imprisonment

 

1285816815_nomoneeowner.PNG.8c6c408174ce664dcd4cd38c6436c54d.PNG

 

Girl friend is unable to provide evidence of funds for the purchase, my bank statements show the funds arriving into my bank account.  Therefore, it is not possible for girl friend to claim Land is her personal property, and thus has made an illegal purchase.

 

According to Land Act section 96 / 94, the land now must be disposed of.

 

1628474525_LA96.PNG.a13b29a36a700f127077a38f89e04876.PNG

 

 

 

Edited by ArranP

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Posted (edited)
23 minutes ago, ukrules said:

Did you build on the land yet?

 

No transfer, no building. That's how I would handle it.

 

Not yet....   

 

Land Act Section 96 / 94 - Problem for girl friend, as a Thai national buying land, it is necessary

Link ~~> https://www.thaicontracts.com/articles/8-thai-law-isn-t-simple/23-land-ownership-thai-spouse.html

 

i, That the Thai national can prove the money to buy the land, was their personal property.

... or ...

ii, When the money is coming from a foreigner, there is a Land Office procedure that must be followed, where the Thai national and foreigner must declare that the money coming the foreigner is infact the personal property of the Thai national.

 

If neither of these are the case, then a criminal offence has been commited and prosecuted as per the link....

Link ~~> http://www.dol.go.th/Pages/Enforcement-and-Punishment-Measures-in-Land-Holding-as-an-Agent-for-an-Alien.aspx

 

 

Edited by ArranP
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Posted (edited)
11 minutes ago, baansgr said:

Good and Thai Lawyer is an oxymoron, fees are plucked out the air with no reasoning or charging structure. Your gf owns the land thats it and nowt you can do. Royaly conned as so many are. Dont build anytjing as the gf will just hock the house to the hilt or sell for a pittance....just shows how much she cares about her daughters future and security

 

 

It is a criminal offence against Land Act - Section 96 / 94,  details as per previous post, next said criminal offence is to be reported to the criminal court for prosecution and remedial action.

Edited by ArranP
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I hope you did not have your daughter with this girlfriend. Hope you get sorted but it does not sound promising. In the end it may be a matter of are you willing to be subject to the penalty, so that your (ex)girlfriend does not benefit (assuming she is not the mother of your child)? Wouldn't like to have her benefit at your expense in a case like this. Otherwise, you may have to just walk away (probably running would be better). 

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9 minutes ago, ArranP said:

 

 

It is a criminal offence against Land Act - Section 96 / 94,  details as per previous post, next said criminal offence is to be reported to the criminal court for prosecution and remedial action.

The money you gave her was a gift....if an offence was committed, you are equally guilty for providing the funds....what do you want to achieve?....dont feel bad....tens of thousands have lost life savings through property law here...move on and save in a bank in your name for your daughters future.

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Posted (edited)
18 minutes ago, baansgr said:

The money you gave her was a gift....if an offence was committed, you are equally guilty for providing the funds....what do you want to achieve?....dont feel bad....tens of thousands have lost life savings through property law here...move on and save in a bank in your name for your daughters future.

 

Hopefully the land will end up in my daughters name, will wait and see.

 

The money was not a gift, nor was it given to her, not did it pass through her bank account.

 

The money trail, originited in UK, transferred to a thai bank account in my name ( the foreigner ), and then transfered onto the vendor.

 

She is unable to evidence the money is her personal property, therefore it was necessary for her and me,  to certify to the Land Office, that the money coming from my bank account, was in fact her personal property, which we did not do.  Whilst I was unaware there was this precdure to follow at the Land Office, it is still a criminal offence,  her on 2 counts and myself on 1 count, have committed and punishable under Thai Law. 

 

Link ~~> http://www.dol.go.th/Pages/Enforcement-and-Punishment-Measures-in-Land-Holding-as-an-Agent-for-an-Alien.aspx

 

Capture.PNG.5b31f9205842a0963f1d90926b3d9bbd.PNG

 

 

Edited by ArranP

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You want to risk getting banned from Thailand just to take the land away from her?

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7 minutes ago, jackdd said:

You want to risk getting banned from Thailand just to take the land away from her?

 

You think it might come to that ? wanting to purchase land in daughters name, but gf say put it in my name first then transfer to daughter later.  Having no knowledge of this procedure at the Land Department.  Bit harsh to be banned from Thailand, if so probably not indefinitely. 

 

Langkawi is a similar island to Koh Lanta, a bit bigger, only a couple of hundred kilomters south from here, but not in Thailand, in Malaysia.

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14 minutes ago, ArranP said:

You think it might come to that ?

I don't know what will happen, but obviously you commited the same crime as your girlfriend, and if you try to get her prosecuted for it she will do the same with you. From what you posted above it looks like a jail term is possible, so if you really push this there is a chance (i don't know how high this chance is, but even if it's just 5%, do you want to take it?), that you end up in a Thai jail for a while and upon release you will be deported and banned from Thailand.

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Posted (edited)
5 minutes ago, jackdd said:

I don't know what will happen, but obviously you commited the same crime as your girlfriend, and if you try to get her prosecuted for it she will do the same with you. From what you posted above it looks like a jail term is possible, so if you really push this there is a chance (i don't know how high this chance is, but even if it's just 5%, do you want to take it?), that you end up in a Thai jail for a while and upon release you will be deported and banned from Thailand.

Jail is the better option and that behind me, than her having a continued levy to meddle with my business affairs as I construct an accommodation business for the kids.   I can't work with that kind of interruption, it just wouldn't be able to get on.

Edited by ArranP

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