ข้อที่ 2 ชาวต่างชาติกับมรดกที่ดิน

Many foreigners are married to Thais and settled here by buying a residence for the family under the name of a Thai spouse. As a result, foreigners may inherit the land as Conditions specified by law as follows:

1. Foreigners may inherit as statutory heirs according to Section 93 of the Land Code, which must be approved by the Minister on the acquisition of land. However, When combined with The existing, There must not exceeding the amount that can be obtained under Section 87 (Land Code, Year 1954, page 30), such as for Residential can have no more than 1,600 square meters (1 Rai), for Industrial use not over 16,000 square meters (10 Rai), for Agriculture not over 16,000 square meters (10 Rai) for each family. When foreigners are allowed to acquire land for any purpose, they must use the land for only that purpose and cannot be used for other purposes under Section 89 of the Land Code. If wanting to use it for a new business, permission must first be obtained from the Minister. When foreigners are allowed to acquire land for any purpose, they must use the land for that purpose only. Which cannot be used for other purposes (under Section 89 of the Land Code). If wanting to use the land for other purposes, permission must first be obtained from the Minister.

That is to say, a foreigner can inherit the land as a statutory heir according to Section 93 of the Land Code, which is provided as follows:

“Section 93. The Minister may approve the acquisition by the foreigner, as a statutory heir, of the land which is devolved by succession under the condition that the total amount of land, after combining with the existing land prior to the devolution, shall not exceed the amount prescribed in the provisions of Section 87.”

In addition, foreigners may inherit as a will. However, the foreigner must be the statutory heir of the person who made the will, such as the mother of the foreigner is Thai, therefore the foreigner is the statutory heir of the mother. Even though the mother made a will to give up the land to a foreigner child, the status is still the same as the statutory heir.

2. Land purchase agreement which violates Section 86 of the Land Code Considered to have an explicit prohibition under the law and therefore void according to the Commercial Code, Section 150.