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Who Inherits My Partner's Property

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  • Who Inherits My Partner's Property

    I have a concern related to the land title here in Indonesia.
    What happens if the Indonesian person dies that has the title to land that she and her expat have a house on?
    Would it pass to her parents/family?
    Could she will it to her daughter?

  • #2
    Could you clarify :
    - Is she your legal wife ?
    - If she is your legal wife , did you have a prenup/separated wealth or posnup/separated wealth before you bought the land ?
    - If she is not your legal wife , does she have a legal husband (Indonesian or foreigner?) ?

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    • #3
      I am an expat. My Balinese girlfriend holds the land title. She has a daughter of 20 yrs, but my girlfriend has no husband.
      Should she die before me , what happens to the land title?.

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      • #4
        Property goes to the descendant, in this case, the daughter.

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        • #5
          By the way , if you marry her , without a will you can inherit a part (but need to sell your part within one year) .


          Article 21 of UU no.5 year 1960
          (1) ...
          (2) ...
          (3) Foreigners who after the enactment of this Law do obtain property by inheritance without a will or a mixture of property through marriage, as well as Indonesian citizens who have property and after the enactment of this law loses his/her citizenship , must relinquish it within one year since obtaining such rights or loss of citizenship . If after that time period past the property was not released, then that right is lost because the the land is transferred to the state, provided that the rights of other parties which encumber still ongoing.
          (4) ...

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          • #6
            The daughter takes priority over parents and brothers I hope.
            Is a will needed or is it just assumed that her mother's land titles would pass to her daughter?

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            • #7
              Originally posted by Andy43 View Post
              ... Is a will needed or is it just assumed that her mother's land titles would pass to her daughter?

              If your girlfriend is Muslim and/or her parents are Muslims , then I think you/she should make a Will .

              The closest example I found in the internet is the following :
              Note : You could check yourself the 2 documents involved (I didn't) : KITAB UU Hukun Perdata (KUH Perdata) and Kompilasi Hukun Islam (KHI)


              From https://www.hukumonline.com/klinik/d...ah-berkeluarga , Jun 2016 - translated @ Google Translate

              [Question : My brother died, leaving a wife and children age 7 years .. My brother left a house .. in his own name, and money in the bank and no will. Now my parents want to sell the house and the house certificate is in my parents' hands. Are my parents entitled to sell it, ..? Can my parents get a share of my brother's property?

              Answer : The legal system of inheritance in Indonesia is divided into 2 (two) types, namely inheritance according to western law which refers to the Civil Code ("Civil Code") and inheritance according to Islamic law which refers to the Compilation of Islamic Law ("KHI").

              Based on western inheritance law, the right to inherit goes to the wife (widow of your brother) and child, so that your parents are not entitled to sell the house inherited from your brother.

              However, if your family is Muslim and does not submit to western inheritance law, then based on KHI the right to inherit goes to the wife, child and your parents. This means that your parents also have the right to sell the house, but with the consent of the other heirs, namely your brother's wife and brother's child.
              ......... ]

              Last edited by marcus; 2 weeks ago.

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              • #8
                If under Muslim Law , maybe a Will doesn't make much difference .

                I found this (but forgot from which article/web page) :

                [ ... According to Islamic law, a Muslim can pass on up to 1/3 of his or her property by Will. Remaining property, or all property in the case of intestacy, is governed by Islamic succession rules ... ]

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                • #9
                  Thanks, Marcus. My friend is Balinese Hindu.
                  As her daughter is now married and no longer on the Kartu kelagua (sp?) with her mother I
                  thought a will might be useful to show the connection..

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                  • #10
                    Many states have their own laws to define inheritance. As Marcus noted, Muslims are forced to submit to Islamic rules of inheritance, which are very different from Western ones. I don't know if Bali has its own law or not, and even though your friend is not Muslim, it is a good idea to have a will. Good inheritance planning also takes into account ease of "taking" and taxes. For example, if the mother wants her daughter to easily get any inheritance, it can be a good idea to have her daughters name on her accounts so if the mother died, the daughter could access the money without having to go through a lot of hassle at the bank.
                    "My country is the world, and my religion is to do good." -Thomas Paine.

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                    • #11
                      Thanks James
                      Yes, a good idea to have a connection made so you don't need to start over with authorities.

                      Comment


                      • #12
                        From https://www.hukumonline.com/klinik/d...um-adat-bali-/ , March 2012

                        [ ... "According to Balinese Customary law, those who are entitled to inherit are only male and male relatives and adopted sons ..."

                        "After 2010 Balinese women have the right to inheritance under the Decision of the Supreme Court III MUDP Bali No. 01 / Kep / PSM-3MDP Bali / X / 2010, October 15, 2010. In this decree, Balinese women receive half of the rights to inheritance purusa after being deducted 1/3 for "Harta Pusaka" and interests' preservation . Only if Balinese women move to another religion, they are not entitled to inheritance rights..." ... ]


                        From http://kb.alitmd.com/sistem-pembagia...ris-adat-bali/ , Jan 2017

                        [ ... Harta Pusaka/Heritage assets are assets that have religious magical values and are usually not shared. The inheritance process is maintained in the family environment as a whole and hereditary do not get out of the family environment. In Bali this inheritance is generally related to places of worship, so that integrity is maintained for religious purposes and not for other purposes...]


                        From http://www.academia.edu/37573152/HAK...UKUM_ADAT_BALI

                        [... Customary inheritance laws are highly related to the kinship system that is followed by the associated indigenous people. The people of Bali follow the patrilineal kinship system where the rightful heir is only the son, while the daughter does not have inheritance rights, and this creates a sense of injustice towards daughters. From this situation, a problem can be deduced:
                        “Are the terms of not giving inheritance rights to daughters appropriate with the development of the indigenous people of Bali, and what actions can be taken so that Balinese daughters may receive inheritance rights?”. In the social reality is that there are several ways that can be taken so that daughters can obtain a part of their parents’ inheritance, namely by allocating some of the inheritances as a gift of marriage called “jiwa dana”, “tetatadan”, or “bebaktan ...]

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