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VOL. 10, ISSUE 1 (2024)
Legal consequences of land rights registration due to inheritance in relation to the deed of division of joint rights
Authors
Berliani Rosalia, Adi Sulistiyono, Jadmiko Anom Husodo
Abstract
Article 111 of the Regulation of the Minister
of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of
the Republic of Indonesia Number 6 of 2021 concerning Land Registration which
regulates the registration of transfer of rights due to inheritance explains
that at the time of registration of the transfer of rights if the heirs agree
to grant rights to inherited land to 1 (one) person, it can be proven by a deed
of inheritance division in the form of a Notary deed or in the form of a deed
under hand. Meanwhile, if at the time of registration of the transfer of rights
there has been no division of inheritance so that the inheritance is in joint
ownership and then when the right holders agree to divide their rights into the
rights of each right holder, the division of inheritance is based on a deed of
division of joint rights made by a Land Deed Official (PPAT). At the Surakarta
City Land Office in the case of registration of name change due to inheritance where
there are heirs more than one person, and the heirs agree to appoint one of the
heirs as the right holder who will later be listed in the land certificate, in
addition to making a statement of inheritance whose contents explain who the
heirs are, then the heirs simply make a statement that the heirs agree to
transfer rights to one of their heirs. Then the inheritance certificate and the
heir's statement letter are signed by the heirs in the presence of two
witnesses and then known by the Lurah and Sub-district Head, the heir's
statement letter is a letter stating that the land obtained by someone comes
from the inheritance process. Based on the case at hand, the transfer of rights
using the heir's statement letter can be registered as the basis for the transfer
of land rights to one of the heirs without having to go through a deed made by
a Land Deed Official (PPAT), meaning that the transfer of land rights due to
inheritance at the Surakarta City Land Office can be done directly to one of
the heirs by making a deed under the hand without taking legal action before a
PPAT, namely by making a Deed of Division of Joint Rights (APHB). The transfer
of land rights must be proven by a deed from a Land Deed Official (PPAT)
because it has the status of an authentic deed and binding force as perfect
evidence as in Article 1870 of the Civil Code.
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Pages:152-154
How to cite this article:
Berliani Rosalia, Adi Sulistiyono, Jadmiko Anom Husodo "Legal consequences of land rights registration due to inheritance in relation to the deed of division of joint rights". International Journal of Law, Vol 10, Issue 1, 2024, Pages 152-154
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