Inheritance Certificate on Indonesian Land Title Registration
One day, a nice and energetic young couple approach to us and ask about our opinion regarding a land that they fell in love with. It was located in South Jakarta, Indonesia, have a very strategic location with nice and negotiable price in accordance to the couple’s budget, and the current owner of the land is a big family with about nine individuals.
The Father of the family (the original land owner) have passed away in the year of 2000, for some anonymous reasons the family does not possess any certifications or any proof of ownership regarding the land and the house they have lived on for more than twenty years. Accompanied by the young couple that would like to purchase the land, we decided to take a closer look on the paperwork and held some meeting with the family members.
During the meeting, they only gave us three piece of documents which are: The electricity bill (in which they paid on each and every month for the past twenty years) and the land and building tax bill, and some old document in hand writing stating about the ownership of the land, it was dated back in 1974. The documents are all under the father’s name.
At the time, we hold the basic assumption that the original certificate of the land might being mortgaged by the father or other member of the family, but then the family members reaffirm that they do not have any other paperwork besides the three mentioned documents and that there is no such documents of ownership exist under their possession.
To begin with the process of legalizing the land, we started by creating an internal agreement between the buyer and the seller, the agreement consist of various items such as payment terms and installment, supporting document authenticity statement, the parties details, and the agreed price, etc. Once all terms within the internal agreement are being agreed by both parties, we proceed and advising the family members or the heirs of the land to produce the inheritance certificate and ensure that the there is no data being manipulated during the process.
When the inheritance certificate is finalized, we immediately proceed the process by applying for the land origination certificate with the village head office, and continue with the deed of sale and purchase, we also advise the buyer to start the initial payment of the land at the same time. Based on the requirements given by the Indonesian land board, the deed of sale and purchase and the land origination certificate is the main ingredients to produce the certification on the land, so we reassure that this documents will be released sooner.
To expedite the process, during the document submission for the land certification the officer advise us to show them the exact land boundaries and we agree to show them directly, witnessed by the local authority the mapping of the land went perfectly fine.
About one month afterwards and after passing various verification, the certificate of building rights were issued towards the land and its not directly the certificate of ownership as the buyer requested, since the land status is a state land. The certificate of building rights can then be converted into the certificate of ownership within less than three weeks.