Transferring Rights in Freehold Estate through Inheritance based on a Certificate of Heirs in Padang Utara District of Padang City

Abstract

This study aims to find out how the process of transferring rights in freehold estate through inheritance is based on a certificate of heirs in Padang Utara District, to find out how the legal force of certificate of heirs as a basis for transferring rights in freehold estate through inheritance, and to find out whether the making process of certificate of heirs, as the basis for transferring rights in freehold estate through inheritance, has provided legal certainty related to the heirs listed in the certificate of heirs which are confirmed by the Village Head and District Chief at the testator’s residence at the time of his/ her death. This study applies a sociological legal approach; i.e. research that examines applicable legal norms and that relates them to the facts found in research. In addition, it utilizes prescriptive data analysis. The process of transferring rights through inheritance based on a certificate of heirs can be misused by the heirs by not including the names of other legitimate heirs. Thus, the certificate of heirs can be sued by other heirs whose names are not included in the certificate of heirs. In this case, the legal force of certificate of heirs, as the basis for transferring rights in freehold estate through inheritance does not have perfect legal force since the Village Head and District Chief do not have the authority to strengthen the certificate of heirs. Thus, the certificate of heirs does not have legal certainty that is reinforced by the Village Head and District Chief since they do not have legal authority to strengthen the certificate of heirs.