Land Inheritance Research Articles

Legal implications of oral agreements prior to the making of grant deeds

The significance of this study lies in recognizing the crucial role grants play within the social fabric of Indonesian communities. Despite their importance, grants, particularly in the context of land inheritance, often pose challenges, leading to complications such as the potential for withdrawal or annulment. This research aimed to dissect and comprehend the legal ramifications of verbal agreements made prior to the formulation of a grant deed, especially focusing on how such agreements influence the withdrawal of land ownership rights, as illustrated by the decision of the Kupang High Court (Case No. 23/Pdt/2017/PT.KPG). Employing a normative legal research approach, this investigation delves into secondary data and legal literature to interpret the law both as it is written and as it governs societal behavior. A comparative analysis of similar cases provides additional insights, revealing how varying interpretations of verbal agreements can impact the enforceability of grant deeds across different jurisdictions. This study proposed a detailed analysis, asserting the necessity for clearly defining real evidence in the form of authentic deeds. These deeds serve not only as conclusive proof of land ownership but also as a foundational element for any modifications to such ownership, premised on the mutual consent and responsibilities undertaken by both the grantor and grantee during the deedʼs creation. The grant deed emerges as a pivotal document, ensuring the granteeʼs rights over the land, predicated on the lawful acts executed by both parties involved in the transaction. By exploring these aspects, the research offers insights into enhancing the legal framework surrounding grants, aiming to mitigate the issues arising from oral agreements in land transactions

Enhancing Well-being and Sustainable Agricultural Development in Sawahan Turen Village: A Comprehensive Analysis of Rural Population's Welfare and Agricultural Economics

Unforeseeable and fluctuating seasons can result in diminished agricultural yields, irregular rainfall patterns that adversely affect crop growth, and subpar harvests. The presence of pests and diseases can have a substantial impact on crop health and productivity, leading to decreased yields and lower-quality crops. Additionally, the rising costs of fertilizers and other agricultural inputs can impede farmers' ability to acquire essential resources, thereby hampering their productivity and overall profitability. The aim of this study is to assess the well-being of the rural population in Sawahan Turen Village, specifically focusing on the agricultural sector. The study aims to identify the challenges faced by the community in carrying out agricultural activities and to explore the strategies that can be implemented in agricultural economics to improve the well-being of the community in Sawahan Turen Village. By examining these aspects, the study aims to provide valuable insights and recommendations for promoting sustainable agricultural development and enhancing the overall welfare of the community. This study employs a qualitative approach, utilizing both primary and secondary data to support the research objectives. The research is conducted in Sawahan Turen Village, with primary data collected through direct interviews with key subjects and informants, including farmers in Sawahan Turen Village, agricultural extension workers, and relevant stakeholders. Through this qualitative approach, the study aims to provide valuable insights and recommendations for sustainable agricultural development and improving the overall welfare of the community. The research findings highlight the significant role of the agricultural sector in Sawahan Turen Village in contributing to the well-being of its community. It was observed that the involvement of the youth in this sector is notable, as a considerable number of young individuals in Sawahan Turen Village engage in farming activities. The primary reasons for their participation in agriculture are the profitability of farming in the village and the inheritance of agricultural land from their parents, which has equipped them with the necessary farming skills passed down through generations. Interestingly, despite having higher levels of education, many young individuals in Sawahan Turen Village choose to pursue farming. This has contributed to the continuity and preservation of the agricultural sector in the village, which has been practiced and sustained for generations. The study's originality is derived from its specific focus on Sawahan Turen Village, examining the agricultural sector's impact on community well-being. While previous research exists on rural development, this study offers a unique perspective by investigating youth involvement in farming and the preservation of traditional practices. By uncovering the motivations behind youth engagement, including profitability and inherited land, the study sheds light on the sustainability and dynamics of agriculture in Sawahan Turen Village. This contributes to a broader understanding of the relationship between agriculture, youth participation, and rural community well-being. While this study offers valuable insights, it is important to acknowledge its limitations. These include the specific focus on Sawahan Turen Village, potential biases in qualitative research methods, the limited timeframe, and the singular perspective of the youth. Future research should address these limitations for a broader understanding.

Daughters and Inheritance: Babylonian Boundary Stone 9 and Numbers 27

Abstract A daughter’s ability to inherit property is treated differently in various ancient Near Eastern cultures. This paper examines the difference between land inheritance by daughters in Israel and Babylon using the text of Numbers 27 and Babylonian Boundary Stone 9. The unique status of land and land allotment in the two societies are explored as well as the implications for the status of daughters. The conclusion from the comparison is that the biblical text excludes daughters because of limited landholdings and the desire to maintain the property inheritance from the initial land allotment event. However, Babylonian Boundary Stone 9 allows daughters to inherit more easily because of fluid landholdings and multiple (royal) land allotment events.

IMPLEMENTATION OF THE GRANTING OF LAND OWNERSHIP RIGHTS BY THE STATE FOR FOREIGN CITIZENS UNDER ARTICLE 21 PARAGRAPH 3 OF THE BASIC AGRARIAN LAW

Land or land rights can be obtained by someone as an heir, either a biological child or a living spouse, either individually or jointly between the biological child and the living spouse. The acquisition of property rights over land occurs through inheritance, which is the transfer of land rights due to the death of a person or heir who holds land rights. The objective of this research is to identify and analyze the regulation of land ownership rights for foreign nationals according to Article 21 Paragraph 3 of the Basic Agrarian Law (UUPA) and to identify and comprehend the implementation of land ownership rights by the State for foreign nationals at the Badung Regency Land Office. This research applies empirical legal research method with statutory approach, legal concept analysis and factual approach. The results of this research indicate that the regulation of the acquisition of property rights to land for foreign nationals according to Article 21 Paragraph 3 of the Basic Agrarian Law is that heirs with foreign citizenship are obliged to relinquish the right within a period of 1 year since the loss of Indonesian citizenship. The implementation of the granting of land ownership rights by the State for foreign nationals in the Badung Regency Land Office is that a foreign national may receive inheritance of land and/or buildings with property rights status (such as a house). However, within one year, the foreign national must transfer his/her rights to the land and/or building to another person.

Long-Term Effects of Equal Sharing: Evidence from Inheritance Rules for Land

Abstract What are the long-term economic effects of a more equal distribution of wealth? We investigate consequences of land inequality, exploiting variation in land inheritance rules that traverse political, linguistic, geological, and religious borders in Germany. In some German areas, inherited land was to be shared or divided equally among children, while in others land was ruled to be indivisible. Using a geographic regression discontinuity design, we first show a more equal land distribution in areas with equal division; other potential drivers of growth are smooth at the boundary and equal division areas were not historically more developed. Today, equal division areas feature higher average incomes and more entrepreneurship which goes in hand with a right-shifted skill, income, and wealth distribution. We show evidence consistent with the more even distribution of land leading to more innovative industrial by-employment during Germany’s transition from an agrarian to an industrial economy that, in the long-run, led to more entrepreneurship.

Forest As a Living Space: Rulership and Management in the Tenganan Pegringsingan Customary Forest, Karangasem Regency, Bali

Humans control their cultural environment, which is associated with biotic and abiotic environments, resulting in environmental sustainability. The indigenous community's existence in managing environmental resources must be examined more deeply from the perspective of human ecology. Therefore, this research aimed to examine and analyze the management of resources and environment, mainly the customary forest in the Tenganan Pegringsingan indigenous community. This research employed a participatory observation and spatial ethnography paradigm to understand the pattern of the Tenganan Pegringsingan customary forest management based on customary law (awig-awig), legal delegation (The Customary Forest Decree), and the access of stakeholders to the customary forest. The customary forest governance involved krama desa, the land inheritance rights owners of the Tenganan Pegringsingan indigenous community, and Penyakap, immigrants/krama sesambahan tillers in the customary forest. These three stakeholders had different spatial access to the customary forest as a place and a space.

The lucky and unlucky daughter: Gender, land inheritance and agrarian change in Ratanakiri, Cambodia

AbstractIn many agrarian societies, women come to own land, and people secure care in old age through land inheritance. The social norms guiding inheritance shape gendered, generational and class‐based relations of power in rural areas, and intra‐family land rights can be lost when inheritance norms shift. In Cambodia's northeastern Ratanakiri province, rapid agrarian change over the past decade—including the expansion of land grabs, cash cropping and Khmer in‐migration—is transforming decision‐making around inheritance. Based on a large sample of qualitative interviews and focus groups carried out in 2016 and 2020 with Indigenous and Khmer communities, we focus on the ways in which intergenerational and gendered obligations of care are being reconfigured as land scarcity and inequalities within rural areas become more pronounced. We argue that social norms around land inheritance are in flux, with a proliferation of diverse practices emerging including a shift from matrilineal to bilateral inheritance amongst some Indigenous families, the deferment of marriage and inheritance decisions due to a lack of land and parents taking on debt to buy land and secure care in older age. These changes are reconfiguring gendered and generational identities in relation to land and have potentially negative consequences for land‐poor families, in particular, for poor Indigenous women. These changes are symptoms of a larger ‘crisis of care’ in rural communities.

On the question of the place and role of the inheritance contract as a novelty of Russian legislation in the system of agricultural land turnover

This paper presents the results of a systematic analysis of the design of inheritance by contract, which is quite new for Russian legislation and its place in the system of agricultural land turnover. This novel was introduced in 2019 and, of course, received some critical assessment from both legal scholars and law enforcement officials. The paper raises a number of issues related to some unequal characteristics of the rights and obligations of the testator and the heir, possible difficulties in applying within the framework of inheritance of agricultural land. In fact, the parties to the inheritance agreement, based on the right regulation of their status, have unequal opportunities to protect their interests, the testator is endowed with greater will and freedom when making and implementing this transaction. Nevertheless, the formation of new norms in legislation, especially in the civil law sphere, has a direct significant impact on the sustainable development of the agro-industrial complex in particular and, in general, on the self-determination of Russian statehood and its integration into the world system. The author analyzes the results of the legal regulation of this institution in foreign legislation, as well as examines historical experience. A study of the inheritance system in other states, as well as a comparative legal analysis of the legislations of various countries, has been conducted. In the course of the study, the author comes to the conclusion that there is a need for more detailed regulation and legislative regulation of this institution, working out clear criteria for distinguishing an inheritance contract from inheritance by will, as well as eliminating practical difficulties for using it in the agro-industrial complex, including when inheriting agricultural land.

Agricultural land succession rules in the Visegrád countries and the relevant case-law of national constitutional courts

This study aims to review and compare the agricultural land succession rules in four countries of the Central European region, namely Slovakia, the Czech Republic, Poland, and Hungary (the Visegrád countries), using a comparative method. The results show that, in the case of Slovakia and the Czech Republic, there are no specific rules on the inheritance of agricultural land; the general succession rules of civil law shall be applied. The same is true in Poland, where there are no specific regulations that differentiate the inheritance of agricultural property or farms from other types of property. However, some specific rules can be found in the Act of April 11, 2003, on the Shaping of the Agricultural System. On the contrary, in the case of acquiring ownership of agricultural land by inheritance, in addition to acquiring it by testamentary disposition, the Hungarian legislator introduced several special rules for acquiring it by intestate succession. Furthermore, in connection with the research topic, the inheritance tax issues, and the relevant case-law of the national constitutional courts are examined in detail.

Indigenous Rhythms in Mamang Dai’s The Black Hill

Indigenous rhythms are new genre which mainly focuses on tribal literature. Indigenous people are referred as tribal in India, are ethnic group of people whose members share a cultural identity that has been shaped by their geographical region and they generally regarded as the original inhabitants of a territory or region. Indigeneity displays a strong association between people and their rootedness to their surroundings, material or emotional connection to the land. The bioregionalist thinkers and practitioners help human beings to reconnect themselves with the land and places because they are part of them and without them survival is not possible. Mamang Dai belongs to Arunachal Pradesh, a state inhabiting Northeast India. Her novel The Black Hill captures the forgotten tales and terror of history in the Abor and Mishmi hills. The novel covers the time and space of both the pre-colonial and the post-colonial world. By this she gives a glimpse of the changing situations and atmosphere of the places which is an interesting part of the study. Land is considered as a precious asset, sacred and revered among the tribal people of Northeast India. The land is not simply a surface but it is a home and pride of the tribal people. Even before the period of colonization, different tribes were at war with each other because of land inheritance, fishing and hunting. The love for their native land which they called home is the first thing the people protected when the British troops migluns tried to take possession as unused underused or empty-areas of rational deficit. This study focuses on the land, folklore, language, presence of evil, status of women and resistance of foreign rules.

Akibat Hukum Jual Beli Tanah Warisan Tanpa Persetujuan Ahli Waris

Islamic inheritance law is one of the rules that regulates humans and humans in matters of inheritance (inheritance). This law regulates the transfer of assets from deceased people to living people with detailed calculations and distribution. The aim of this research is to determine the legal consequences of buying and selling inherited land without the consent of the heirs. In this research the author uses Normative Law research, which is carried out by examining and analyzing legal regulations with legal issues in their consistency with existing principles. This type of research is a type of library research, which relies on the study and study of texts. The research results show that in Islamic law, land inheritance does not yet exist has been circulated and is prohibited from being sold because it still belongs to other heirs. If all heirs agree to the sale and purchase, it can be traded, if not it is considered illegal and revoked. Legal protection for buyers of inherited land that is not distributed is that they can file a civil lawsuit against the seller and the Notary/PPAT (official with the authority to make deeds) who has made the sales agreement.

PERLINDUNGAN HUKUM BAGI AHLI WARIS ATAS WASIAT YANG DIBATALKAN OLEH PENGADILAN TERKAIT PENYELESAIAN PENGEMBALIAN BEA PEROLEHAN HAK ATAS TANAH DAN BANGUNAN

Heirs in civil inheritance there are two divisions, namely heirs because of the law and the heirs because of the will. According To Article 875 The civil code states that a Will is a deed that contains a person's statement of what he wants to happen after he died, and by which it can be revoked, but the phenomenon which occurred deed of will canceled by the court resulted in return BPHTB, for the formulation of the problem in this study how is the implementation of the settlement of bphtb returns on grants testaments annulled by the court and how the legal protection for canceled heirs related to the settlement of bphtb returns already paid. The theory used in this study is legal protection theory and absolute tax liability theory. The method used in this study with this type of research juridical normative legal research literature or secondary data with sources of legal materials primary, secondary, tertiary and supported interview. The research approach used is legal approach, case approach, conceptual approach and analytical approach. Legal material collection techniques performed by identifying and intervening in the rule of Law positive, literature books, journals and other sources of legal materials. For technical analysis legal material is carried out by the interpretation of grammatical laws and methods construction of a legal analogy. The results of this study concluded that BPHTB imposed on the inheritance of land and/or buildings since the signing of the deed of testament grant, in accordance with law No. 21 of 1997 and No. 20 of 2000. After the conversion of BPHTB into local taxes, Article 90 paragraph 1 letter d in law No. 28 of 2009 regulates this. Local regulations, such as Perda DKI Jakarta No. 18 of 2010, reflects this principle. However, its practical application is complicated. If the tax payment is made at the signing of the Testamentary deed of grant, the recipient of the inheritance cannot transfer ownership of the land until the tax is paid, causing obstacles to the implementation of the rule and and the Civil Code provides legal protection for heirs who receive an inheritance through a will grant deed. Article 875 describes a will as a revocable statement of will. Revocation of a will, in accordance with Article 992, can only be made through a new Will with a notarial deed confirming partial or complete revocation. Article 944 describes the tacit revocation by means of a new Will as opposed to the old one. However, if the new Will is void, it is only as a notarial deed. The principle of Pacta Sunt Servanda states that a valid agreement binds the party that makes it with sanctions if it is violated in order to maintain justice

Sociocultural and Economic Barriers to Land Ownership Among Widows in Rural Western Kenya

Background Widows still face immense barriers in owning land and get inferior reliable rights to land than males across most Kenyan communities. The objective of this study, therefore, was to establish the sociocultural and economic factors that continue to bar widows from owning land in rural Western Kenya. Methods A cross-sectional study employing qualitative data collection methods was adopted in this study where six widows participated in Case Narratives (CN), and two Focus Group Discussions (FGDs) each with five widows and one FGD comprising eight men were conducted. In addition, six widows were identified from the FGD participants for in-depth interviews (IDIs) and 10 key informant interviews with stakeholders were carried out. Data from the qualitative interviews were transcribed for coding and analysis. The thematic content analysis method was used to identify themes related to sociocultural and economic factors hindering women from land ownership. Results Economic marginalisation, traditional land ownership structures, and practices such as the skewed land inheritance that disfavour women due to the deep-rooted patriarchy, low level of education and lack of awareness of existing land laws were found to be the major hindrances to land ownership by widows. In addition, the tedious process of accessing land documents and widow inheritance is also to blame. Conclusion The study concludes that the existence of a legal regime that accords women and widows the right to own land may not be sufficient in realising the intended gains for women if it is not backed up with an effective implementation and awareness creation on the laws as well as economic empowerment of the widows through targeted social protection schemes.

A Fair Comparison: Women's and Men's Farms at Seven Scales in the United States☆

AbstractSuccessful farms—in the public imagination, agricultural policy, and more—tend to be highly profitable and operate at extremely large scales. Research has shown that women are less likely to operate these types of farms, possibly due to their preferences and lifestyle choices. There is evidence, however, that these gaps are additionally the result of differences in access to resources due to gender discrimination. Patterns of inequity in land inheritance and other resources limit women's farm size and choice of crops, and thus their opportunities to farm at larger, more profitable scales. Nonetheless, women farmers also employ creative strategies to make farming work for them. Our study uses 2017 Census of Agriculture data to compare women and men farmers at 7 different farm scales, revealing gendered strategies and comparing men and women farmers on equal footing. This presents a more nuanced picture of women's participation in farming at various scales. Overall, we find that within farm scales, women are often doing just as well as men—usually with fewer or different resources and approaches. Women's unbalanced representation at each farm scale, however, helps to explain why women are not always envisioned as “real farmers” in the popular conscience.

Contribution of Land Tenure Changes in Empowering Maasai Women Pastoralists in Resources Management: A Case Study of Elangatwuas Ward, Kajiado County, Kenya

This research explores the contribution of land tenure changes in empowering Maasai women pastoralists in resource management. The study focuses on understanding the benefits and challenges of land subdivision for Maasai women, examining changes in decision-making processes at the household and community levels, exploring shifts in gender roles and resource access, and assessing the overall empowerment of Maasai women through land tenure changes. A mixed-methods approach was employed, combining qualitative data collection methods such as interviews and focus group discussions with quantitative surveys. The study findings reveal significant positive impacts of the land subdivision on Maasai women's empowerment. The benefits identified include reduced cases of husbands being polygamous, increased chances of women's involvement in business and employment, equal chances for male and female children to inherit and own family land, increased ability to undertake projects on the land, and the freedom for women to own their own livestock. These changes have provided women with increased decision-making power within households and communities, allowing them to participate in determining land use, livestock management, education for children, and building family houses. Despite the progress, challenges remain, including conflicts over land inheritance, limited knowledge of legal rights among illiterate girls, and smaller grazing areas for livestock. However, the research concludes that overall, land tenure changes have empowered Maasai women by enabling them to engage in business, acquire education, own livestock, and own land. The results highlight the importance of recognizing and strengthening women's rights in land and resource management to achieve gender equity and sustainable development in pastoralist communities. This research contributes to the understanding of the transformative potential of land tenure changes in empowering Maasai women pastoralists and informs strategies for promoting gender equity and sustainable resource management in similar contexts.

The Role of Land Inheritance in Youth Migration and Employment Choices: Evidence from Rural Nigeria

The Role of Land Inheritance in Youth Migration and Employment Choices: Evidence from Rural Nigeria

A Descriptive Study on the Performance of Beti Bachao Beti Padhao (BBBP) and Mahila Shakti Kendra (MSK) Schemes in Nagaland

"Nagaland is a state where 48.21% of the total populations are women. Naga society is a patriarchal society and it is believed that women must be respected but Naga society clearly distinguishes gender roles and gender responsibilities. Naga women are in charge of domestic issues such as family while men deal with society and village councils and administration. Women are excluded from the decision making and inheritance of land whether it’s ancestral or self equipped land. Women centric schemes like BBBP and MSK support women and girl child with education and health, encourage them to be more independent, participate in decision making,gives awareness of different day to day activities and importance of girl child. The study highlights the status of Beti Bachao Beti Padhao (BBBP) and Mahila Shakti Kendra (MSK) and achievement of this two schemes in Nagaland."

Legalizing illegalities? Land titling and land tenure security in informal settlements

This study investigated how land rights formalization had affected land tenure security among landowners in two informal settlements of Lusaka and Chongwe districts, Zambia. It explored how social norms on land inheritance, decision making over land, marital trust and land related conflicts had been affected by the changed nature of land rights. Data was collected through a questionnaire survey of all the 302 households that had obtained title deeds at the time of the survey, two 3-in-1 focus group discussions and four key informant interviews. Results suggest that land tenure security is now a reality for residents that hitherto lived under constant threat of eviction. Landowners have benefitted from the formalization initiative through land laws and local norms that allow equitable access to land. Land rights formalization has curtailed land rights for secondary claimants such as extended family members, in preference for man, spouse and biological children. A sense of ownership undisputedly increased for men and women in the two study sites. About 50% of the respondents in both study sites indicated that formalization of land rights had not resulted in family conflicts. At least one-third from both sites reported an increase in love and trust between spouses after land rights formalization. About half of the respondents reported that no change in decision-making authority had occurred for men while 42% reported an increase. Formalizing land rights in informal settlements has entailed legalizing illegalities as regulations on plot boundaries are set aside by the state to achieve its aspirations of providing land tenure security to poor urbanites who would not otherwise have recourse to legal or regularized land. We recommend that caution be taken in promoting what is unarguably a pro-poor initiative to ensure that such initiatives should not incentivize future land encroachments.

ACCOUNTABILITY PROCEDURE FOR HEIRS IN THE REGISTRATION SYSTEM OF WAKAF ASSETS LAND IN INDONESIA

Research Objectives - This study aims to examine the legal aspects of the procedure for accountability of heirs as surrogate wakifs in the registration system of waqf land inheritance in Indonesia.
 Methodology - This study uses descriptive qualitative research, namely uncovering certain social situations by describing reality correctly, formed by words based on relevant collection and analysis techniques and obtained from natural situations and entered into journals.
 Findings - The results of this study indicate that the legal basis for the responsibility of heirs as a surrogate waqf in the registration of waqf inherited land is regulated in Article 24 to Article 27 of Law Number 41 of 2004 concerning Waqf.
 Originality - This study can be concluded that the waqf pledge deed and waqf land certificate provide legal certainty for the wakif, the wakif's heirs and other related parties, and can be authentic evidence in the event of a dispute.

The Difference between The Inheritance of Common Heritage and Customary Heritage in The Practice of Adat Perpatih

The old Malay community practises two main forms of custom; Adat Perpatih in Negeri Sembilan and Adat Temenggung in other states in Malaysia. The principle of patrilineal practice that prioritises male heirs in the distribution of inheritance, which is practised in the norms of the Adat Temenggung community, is seen to be in accordance with the provisions of Islamic law in the Quran regarding the distribution of inheritance. Meanwhile, the Adat Perpatih community tends to practice the matrilineal principle in their customary practices by prioritising female heirs in inheritance. The objective of this article is to examine the differences between the inheritance practices of common heritage and customary heritage in Adat Perpatih, as observed in Negeri Sembilan. This research is importance to provide understanding to the public regarding the difference between these two practice patterns. The methodology of this research is qualitative. Collection of research data used document analysis and the results of interviews with several individuals directly involved in customary land inheritance. Data obtained was thematically and comparatively analysed. Research results find that there are differences between the common heritage and customary heritage of inheritance practiced in Negeri Sembilan. The differences namely, in the type of property, determination of the rate of acquisition of property, method of dividing property and the right of adoption. This article concludes by proposing further research on the management and administration of inheritance in Negeri Sembilan, pertaining to both common heritage and customary heritage to enhance the understanding of the Muslim community and to improve the quality of services provided by the administrators.