Rice Field as Dowry: How to Transfer the Land Title if the Owner Has Died?

In several regions across Indonesia, dowries are not always in the form of money or jewellery. Some families also give a paddy field as a dowry. The agricultural land is regarded as having long-term economic value as well as symbolising the couple’s responsibility.

However, a new problem arises when the paddy field used as a dowry is still registered in the name of someone who has already died.

In such a case, the recipient of the dowry cannot immediately transfer the name on the land certificate.

Legally, land whose owner has died becomes an estate to be settled by the heirs.

“Determining the heirs, of course, is the prerogative and consensus of the heirs,” said Shamy.

If the heirs wish to process registration of the land, they must be able to prove their inheritance rights by attaching relevant documents.

In Article 42 of the regulation it is stated that the transfer of land rights due to inheritance must be registered at the land office, attaching documents such as the original land certificate, the owner’s death certificate, and proof of heirs.

That means, before the land is transferred to another party, including as dowry, the land certificate must first be re-registered in the name of the heirs.

The initial step is to establish who the legitimate heirs are. This is usually evidenced by a Surat Keterangan Ahli Waris (SKW).

The provisions on this document are also regulated in the Minister of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) Regulation No. 16 of 2021 concerning the Third Amendment to the Minister of State for Agrarian Affairs/Head of the BPN Regulation No. 3 of 1997.

After the heirs’ documents are available, the heirs can apply to re-name the certificate from the deceased owner to the heirs at the land office.

If there are more than one heir, they typically prepare an Akta Pembagian Hak Bersama (APHB) before a Land Deed Official (PPAT) to determine who is entitled to the land.