Inheritance of “usufruct” in land reform zones Sor.Por.Gor. 4-01

Abstract

Land allotment for agricultural purposes pursuant to the law on land reform for agricultural
purposes which include rights of utilization, rights of lease, and rights of hire purchase. Following
the decease of a land recipient, subsequent land allotment to an heir (inheritance), is subject to
Section 39 of the Land Reform for Agricultural Purposes Act B.E. 2518. The section provides
that a land acquired through land reform for agricultural purposes shall neither be divided nor
the rights thereto be assigned to another person, except in the case of inheritance to a statutory
heir or transfer to an agricultural institution. As such, rights received through land reform for
agricultural purposes refer to rights of lease, rights of hire purchase, or rights of utilization allotted
by the government. This research focuses specifically on right of utilization in government allotted
land received by way of inheritance. This research seeks to identify the legal effects of inheritance
of rights of utilization in a land reform zone and its similarities and differences in comparison to
inheritance pursuant to the Law. Furthermore, the research asks whether and in which manner
a plot of land in a land reform zone prior to receiving a certificate of rights of utilization can be
inherited as well as whether and how, after a certificate of rights of utilization has been issued,
certain acts of an authorized person can affect inheritance. A research study can be done to
describe the land reform zone that has not yet been issued a certificate shall have the right to
possession but cannot be inherited to the heir because a person shall acquire possessory right
by holding a property with the intention of holding it for himself and shall extinguished by the

death of the possession. In the case of land that has been issued a certificate shall extinguished
by the death of the authorized agriculturist. These rights are the exclusive and sole rights of the
authorized, not in the inheritance. This research recommendations are seeking to amend Section
39 of the Land Reform for Agricultural Purposes Act B.E. 2518, improve the board resolutions of
the Agricultural Land Reform Board and the other relevant regulations.