THE PROBLEM OF THE TRANSFER AND INHERITANCE OF THE RIGHT TO BENEFIT IN LAND 4-01

Abstract

This research article aims to study the background and significance, concepts, and theories related to the legal issues, as well as the legal measures concerning the transfer and inheritance of rights to utilize land under the Sor Por Kor 4-01 land reform document. The study includes an analysis of the problems and provides recommendations for legal amendments regarding the transfer and inheritance of rights to utilize such land. This is a qualitative research based on documentary analysis, examining the historical development, the legal and theoretical foundations of the issues, and comparative legal frameworks in both Thai and foreign legal systems. The information gathered from the study is analyzed, summarized, and used to propose legal reforms.

          The research findings reveal that, according to the regulations of the Agricultural Land Reform Committee B.E. 2564 (2021), individuals eligible to apply for land allocation must meet specific qualifications: they must be natural persons with Thai nationality, be farmers of legal age or minors who must engage in agriculture for livelihood and possess the ability or experience to do so, have no or insufficient agricultural land for subsistence, and must not have previously renounced or transferred rights within the past five years. They must also strictly comply with the rules and conditions set by the committee. According to the Agricultural Land Reform Act B.E. 2518 (1975) as amended, the transfer of land rights is prohibited except in cases of inheritance by statutory heirs or transfers to agricultural institutions or the Agricultural Land Reform Office (ALRO) for land reform purposes. However, in practice, it was found that heirs who inherit the land rights are not required to possess the same qualifications as the original land recipients, such as being farmers or lacking land for agricultural purposes. This allows individuals who are financially well-off or engaged in non-agricultural occupations to legally obtain land designated for agricultural reform, thus creating a significant loophole that may lead to inequities in land ownership and undermine the original intent of land reform policy.