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Section 76. In case of the registration of rights and juristic acts in connection with the land that has been examined, the boundaries surveyed and marked but without a Title Deed, the application shall be filed with the competent officials under the provisions of Section 71.

The said registration under the preceding paragraph shall be recorded in the Land Examination Certificate in accordance with the procedures prescribed for the registration of rights and juristic acts related to the land with Title Deed mutatis mutandis.

Section 77. Unless it is prescribed otherwise by this Code, registration of rights and juristic acts in connection with land or other types of immovable property shall comply with the rules and procedures as prescribed in the Ministerial Regulations.

Section 78. Registration of rights and juristic acts related to the land acquired through Section 1382 of the Civil and Commercial Code or by other means except for the juristic act related to the land with Title Deed shall comply with the rules and procedures as prescribed in the Ministerial Regulations.

Section 79.58 Any land rights holder wishing to divide land into several parcels or consolidate parcels of land into one shall file an application together with the document of land rights with the competent officials under Section 71.

For the purpose of this Section, Section 69 bis. shall, in addition, apply mutatis mutandis. If the registration of rights and juristic acts is required, it shall be carried out prior to the issuance of the new document of land rights.

Section 80.59 In case of redemption of land mortgage or redemption of the land sold with right to redeem whereby a document of land rights has been issued to the said land, the land rights holder or the person with right to redeem may, upon the document made by the mortgagee or the buyer evidencing that the land is already redeemed, present the document of land rights to the competent officials in order to have such redemption registered.

After examined by the competent officials, if it is found correct, the record of redemption shall be made on the document of land rights.

Section 81.60 In filing an application for registration of rights and juristic acts related to immovable property devolved by succession, the successor shall present the evidence related to the land or the document of land rights together with evidence of succession to the competent officials under Section 71. If the said document of land rights is kept by other person, the competent officials shall have power to call for such document.

After inspecting and interrogating witnesses and evidence to the convincing effect that the applicant is the successor, the competent officials shall prepare written notices to be put up publicly at the Land Office, the District or Amphoe or King-Amphoe Office, the Municipality Office, the Sub-District Administrative Office, the Sub-District or Kwang Office, or the Sub-District Headman Office of the locality in which the land is situated, and within the confinement of the land for a period of thirty days. The competent officials shall send such notices to all successors as confirmed by the applicant with all possible efforts. If no successor entitled to the inheritance makes any objection within the designated period of time and there is convincing evidence that the applicant is entitled to the inheritance, the competent officials shall carry out the registration in accordance with the rules and procedures prescribed in the Ministerial Regulations.

In case of opposition by the successor entitled to the inheritance, the competent officials shall have power to interrogate the other party and summon any person to give statements or furnish the relevant document as necessary for settlement. If the settlement is not agreed upon, the competent officials shall give an instruction as it deems advisable.

The competent officials shall notify the other party of the said instruction and the party dissatisfied with the instruction may file a lawsuit within sixty days after being notified. If such party fails to file a lawsuit and to present to the competent officials the evidence showing the entry of the plaint accompanied by a copy of such plaint claiming the right of inheritance within such time period, the instruction of the competent officials shall be implemented.

Provided that the successor files a lawsuit within the designated time under paragraph four or other successor entitled to the inheritance has filed a lawsuit to claim such inheritance prior to the registration of rights and juristic acts related to the said inheritance, the competent officials shall, upon the presentation of evidence affirming the entry of the plaint accompanied by a copy of plaint to the competent officials, cease the registration thereof and shall subsequently carry out this matter in compliance with the Court’s judgment or order.

Section 82.61 Any person wishing to have the executor’s name registered on the document of land rights shall file an application together with such document of land rights and the document evidencing the authorization of executor with the competent officials under Section 71. If such person is the executor by Court’s order or administrator, the competent officials shall proceed with the registration as requested. If such person becomes the executor through other means, the competent officials shall make enquiry and examine the evidence and the provisions of paragraph two of Section 81 shall apply mutatis mutandis. If no objection, the competent officials may register the executor’s name on the document of land rights. If otherwise, the registration shall be suspended as the other party may bring the matter to the Court. Upon the final Court’s judgment or order, the matter shall be carried out in compliance therewith.

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58. Section 79 has been amended by the Announcement of the Revolutionary Council, No. 334, dated 13th December B.E. 2515 (1972).

59. Section 80 has been amended by the Announcement of the Revolutionary Council, No. 334, dated 13th December B.E. 2515 (1972).

60. Section 80 has been amended by the Act Amending the Land Code (No. 9), B.E. 2543 (2000).

61. Section 82 has been amended by the Announcement of the Revolutionary Council, No. 334, dated 13th December B.E. 2515 (1972).


 

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