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Inherit land and house, title transfer cost/issues

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  • Inherit land and house, title transfer cost/issues

    Grandpa died, no will, land and house in his name. Now it needs to be registered into grandma's name? Tax value around 600jt, notary says costs involved are around 32jt. Are we being taken for a ride? And this is the cheapest quote... It's actually some time ago since grandpa's passing, nothing's been done because of lack of money. But now that there's a kerbau putih in the family, money is suddenly available.

    Now grandma would actually like to transfer the house to one of her children so that the house stays in the family, because other children cannot afford to pay for/buy it and poor granny needs money. Notary says need a new transfer, costs same 32jt.

    There's no way to do this with only one name change transaction, perhaps avoiding one step of inheritance/sale taxes in the way? 64jt is quite a bit of money already.

    I know absolutely nothing about indonesian inheritance law (the family are all muslim), tried to search the forum but found nothing relevant.

  • #2
    Originally posted by Bule Kere Gembel View Post
    (1) ...Tax value around 600jt, notary says costs involved are around 32jt. Are we being taken for a ride? And this is the cheapest quote...

    (2) Now grandma would actually like to transfer the house to one of her children ... Notary says need a new transfer, costs same 32jt.

    (3) There's no way to do this with only one name change transaction, ...

    (4) I know absolutely nothing about indonesian inheritance law ...

    (1) I don't have any experience on the subject . From what I learned in this Forum , in the buy/sell case , the bigger taxes were 5% for the seller and 5% for the buyer . If I am not mistaken , one of this 5% tax became 2.5% few months ago . But this may not apply to your case .

    The case is a inheritance process . Even grandma's name not being in the house's document , 50% of the house was/is already owned by her , according to the Indonesian Marriage Law (except if the couple made a prenup stating wealth separation) . I don't know who will inherit the 50% owned by grandpa , but if grandma is supposed to inherit the other 50% , it is just a process to "transfer/change" the other 50% to grandma . There is no hurry to do that as in Indonesia it is relatively common to keep property documents not updated for a long time) .

    (2) If the family really want to do all that , I think it could be cheaper if it is just a name "transfer/change" as a donation/gift (not sell/buy) . If I was you , I would not agree if I don't want to spend money now , except if doing it now would be a lot cheaper than later as a inheritance process .

    To learn more about your case , I suggest you to search the internet for something like : biaya biaya dalam proses warisan (for the first step) , and :biaya biaya dalam proses alih nama rumah tanpa jual beli

    (3) I don't know .

    (4) I know very little .

    http://www.expat.or.id/info/inheritanceissues.html (about inheritance)

    http://www.livinginindonesiaforum.or...601#post226601 (post no.119 , Muslim inheritance law)

    http://www.livinginindonesiaforum.or...969#post226969 (post no.122 , islamic inheritance Law)

    ---------------------------

    from Johannes Nugroho
    One of the most baffling aspects in the Indonesian legal code is the inheritance law. Broadly speaking, the current law recognizes three different categories of citizens for whom different sets of rules exist: Muslims are legally bound to follow Islamic inheritance precepts, non-Muslims follow a mixture of statutory and customary laws, and, almost farcically, “those equated as Europeans [Indonesians of European, Chinese, Indian and Arabic descent] will follow the rules of inheritance according to the civil code.”

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    • #3
      Turns out the notary accidentally forgot that the BPHTB deduction is 350 Jt in Jakarta area, not 80. This results in the payable shrinking to barely 9 million from 23. Sure would've been nice pocketing the difference. And this is on a relatively poor area in Jakarta, where many ordinary people probably have no clue about anything.

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      • #4
        Remember that , if there is taxes over the house's value , the value used is usually lower than the real value (I suppose the value used is the one stated in the annual property tax) .

        And it is usual in Indonesia to get quotation from many notaries to check the one who does for less (in my city there are more than 100 notaries) .

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        • #5
          Hi I'm new in the forum, so Hello to everybody and thanks for all the Infos!!!
          My wife is indonesian and she wants buy land near Manado. We need good English speaking notaris in here, because want to make postnap. Looks like after 27 October things have changed for mixed marriage without prenup. Unfortunately Atlantis not in the forum anymore. I tried to send PM but wasn't able. Hope anybody else can help us....

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          • #6
            Originally posted by Jalan2site View Post
            (1) ... We need good English speaking notaris in here, because want to make postnap.

            (2) Looks like after 27 October things have changed for mixed marriage without prenup. ...

            (1) In my view , you don't need an English speaking notary . Just ask your wife to deal with the notary and translate it (informally first , just to check , and later you can hire a sworn translator for the final version - usually paying only Rp70k per page) . The main problem here is to find a notary who knows about the Constitutional Court's decision and agree to do it . The post-nuptial agreement can be exactly like a prenup , which all notaries already know about and they even have a standard version of it (like a form , just filling it with the couple's data) .

            (2) This is credited to PERCA Indonesia , which is also informing the notaries about that . Check with PERCA , maybe they already have a list of notaries .


            http://percaindonesia.com/ (PERCA)

            http://www.livinginindonesiaforum.or...ial-agreements (2016's Constitutional Court decision on post-nuptial)

            http://www.livinginindonesiaforum.or...ghlight=prenup (Atlantis' post no.24 , prenup's court register)
            Note : probably valid for post-nuptial agreement too

            http://www.livinginindonesiaforum.or...mixed-marriage (about prenup and can be used for post-nup too)

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            • #7
              marcus 
              Thanks a lot for the fast answer.

              As my wife is deaf she cant speak and even not write and read... So Situation for me quite complicated in here. Family is also not english speaking... That's why we looking for English speaking notaris. Translation is no problem, we already did many times.
              The good thing is, we made it to get married, so we'll find also a way for this Mission 😃 
              I'll let you know about our process and appreciate every other Information about making POSTnuptial agreements in Indonesia or better in Manado.

              Comment


              • #8
                if you get a pattern letter from the notaris for the post nup, Id be interested to see it , thanks

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