What are the Legal Risks of Undeivided Inherited Land?
JAKARTA - Inherited land that has not yet been divided among the rightful heirs has the potential to cause various legal issues if not resolved promptly.
In practice, inherited land still registered in the name of the deceased and not officially divided often becomes a source of disputes later on, especially when there is no clear agreement among the heirs.
According to Shamy Ardian, Head of Public Relations and Protocol Bureau at the Ministry of Agraria and Spatial Planning/National Land Agency (ATR/BPN), determining the heirs is the authority and agreement of the heirs themselves.
Undivided land means all heirs have joint rights without clear boundaries.
This situation can trigger conflicts, particularly if there are differing opinions regarding the utilisation, sale, or division of the land.
Administrative processes such as transferring the certificate’s name become more complicated because they require the approval of all heirs.
If one party disagrees or cannot be contacted, the process can be delayed.
- Risk of Unilateral Sale
Without a valid division, there is a possibility that one heir sells the property without the consent of the others.
Such transactions risk being declared invalid legally and can lead to disputes in court.
Undeivided inherited land is generally difficult to use as collateral with financial institutions or to sell legally because the ownership status is unclear and not yet separated.
Obligations such as land and building tax (PBB) may not be managed properly if there is no clarity on the responsible party, potentially leading to arrears.
To minimise these risks, heirs are advised to promptly carry out the division of the inheritance through deliberation or through legal channels if necessary.
Legal formalities can be handled through relevant agencies such as BPN so that the land ownership status becomes clear and has legal certainty.
With a valid division, potential conflicts can be avoided and the utilisation of inherited land can be carried out optimally.