How to Change the Name of Land whose Previous Owner Dies in Indonesia?

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By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Pilot Cities Implementing Electronic Land Certificates in Indonesia", "What Are The Advantages of Electronic Land Certificates?", you may read also "How to Check Land Certificates Validity in Indonesia By Online" and on this occasion we will discuss about 'How to Change the Name of Land whose Previous Owner Dies in Indonesia?'.

Land is a property asset that has a fairly high value and will increase over time. Therefore, many people start buying land before building a residence so that it can become an investment tool in the future. You should discuss the process of buying land as soon as possible with the previous owner so that you can change the name of the land owner to your name so that you don't have problems in the future. However, what if you want to buy land for a house but haven't had time to change the name because the previous land owner has died? The following is how to change the name of a land certificate if the previous owner has died.[1]

Transfer of land rights in conditions like this can be submitted to ATR/BPN and registered in accordance with Article 42 of Government Regulation no. 24 of 1997 concerning Land Registration regarding the Transfer of Rights due to Inheritance by preparing complete files in the form of documents and application requirements.[2]

Documents required include a certificate of the rights concerned, a death certificate of the person whose name is recorded as the holder of the rights, and a letter of proof as an heir. If you are the only beneficiary of the inheritance, then registration of the transfer of rights is carried out based on a letter of proof of being the heir.[3]

However, if you are not the only recipient of the inheritance or more than one, then you need a certificate of heirship and a deed of distribution of inheritance. A Certificate of Inheritance (Proof of Heirship) and a Deed of Distribution of Inheritance to have legal force are made before an Authorized Official, and a Determination Application can also be submitted to the Religious Court or District Court (according to the religion of the Heir and Heir).[4]

There are times when land that has been traded is not immediately transferred to the name of the certificate and is only taken care of when the original owner has passed away. In such cases, the process of changing the name is carried out in stages. The first stage is transferring the name to the heirs. Next, the land certificate which has been reversed becomes the name of the heir, then the name is reversed again to be in the name of the buyer.[5] And if you have any legal issue in Indonesia territory, contact us for business inquiry, feel free in 24 hour, we will be glad to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "Cara Balik Nama Tanah yang Pemilik Sebelumnya Meninggal Dunia", www.detik.com., tim detikcom - detikProperti, Senin, 02 Sep 2024, Diakses pada tanggal 10 September 2024, Link: https://www.detik.com/properti/kepemilikan-rumah/d-7519842/cara-balik-nama-tanah-yang-pemilik-sebelumnya-meninggal-dunia

2. Ibid.

3. Ibid.

4. Ibid.

5. Ibid.