What is Inherited Land Power of Attorney?

Heir certificate or Certificate of Inheritance is crucial to complete administrative requirements in various matters, including property

inherited land,
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4 mins

Published

25.11.2021

Making a land letter of attorney is not a simple deal, moreover if the land is an inherited asset. This is due to the different content between a regular land letter of attorney and a land letter of attorney for inherited land. From the points made and the power it allows to the owner. Without this letter, the person who inherited the land would not be able to have full authority over the land and the building on it.

In a regular land letter of attorney, the seller acts as the owner of the property, which their name is written on the land certificate. However, in inherited property, the name that is on the land certificate is not of the person inheriting. Therefore, a letter of attorney is crucial for the case of selling a property that is inherited.

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What is Power of Attorney for inherited land?

Power of Attorney for a Land Inheritance letter is needed when one or more of the heirs live far away from the land or house that is traded, which causes difficulty in the process of making a Sale and Purchase Deed (Akta Jual Beli). This power of attorney is made in formal and clear language, this power of attorney must contain the correct and clear identity and signature of the power of attorney and the recipient of the power of attorney.

In the process of obtaining a deed for the sale and purchase of land or inherited houses, not all heir members must be present to witness this process. This process can be represented by one of the heirs who is appointed and given the power to manage it. Usually, before making a power of attorney, the heirs will gather and determine who is entitled to receive the inheritance left behind. Then record this evidence in the form of an heir certificate and there are all the names of the heirs who are entitled.

Certificate of Inheritance for original Indonesian citizens (WNI), signed by two witnesses, legalized by the local Head of Sub-District, and strengthened by the local District Head. For Indonesian citizens of Chinese, European, Arabic, and Indian descent, a notary deed is needed.

How to make power of attorney for inherited land?

Taking care of an heir certificate or certificate of inheritance (Surat Keterangan Warisan or SKW) is very important. This letter is needed to complete administrative requirements in various matters. For example, if you want to apply for a loan from a bank, and take goods or money on behalf of a deceased family, you will be asked to show the SKW.

There is no need to be confused, although the examples of land power of attorney may vary, the methods for submitting them are relatively the same, for example, such as:

Prepare the Supporting Documents

The statement of inheritance is a legal requirement if you want to get an inheritance from the inheritor. For this reason, it is important for you to know the various information, requirements for the Inheritance Statement based on the official website of the Ministry of Administrative and Bureaucratic Reform.

  1. Original Land Certificate with 6000 stamp duty and photocopy (duplicate 1)
  2. Death certificate from the hospital
  3. Photocopy of 1 (one) duplicate of land title, such as Letter of Sale, Letter of Land Handover, Deed of Sale and Purchase, Certificate of Ownership (SHM).
  4. Burial certificate
  5. Photocopy of ID Card and family registration (Kartu Keluarga) of the landowner (1 duplicate).
  6. Civil records of death
  7. Photocopy of land and building tax (PBB) payment in full (1 duplicate).
  8. KK (Family registration) that includes the name of the heir. At this stage, you also need to prepare an Heir Statement Letter as one of the preparation files.
  9. Heir Certificate with 6000 stamp duty and photocopy (duplicate 1)
  10. Photocopy of ID Card of all heirs.

Make Cover Letter & Certificate of Inheritance

After all the required documents are completed, then you need to submit a cover letter and power of attorney to the local RT/RW. Later, the RT / RW will make a cover letter signed by the heirs and with a minimum stamp of 6,000, and witnessed by the RT / RW head. 

Submit Application to District Office

After making the required licenses, you will need to submit the application to the public service department at the local District office. There, you will be asked to fill out all the required forms. However, if there are requirements that cannot be completed, the form can be taken home for completion.

Obtain Inheritance Fatwa or Legalization

When the power of attorney for the land and the statements of two witnesses (Head of District & Head of Sub-District) have been completed, then what remains is to wait for the issuance of the inheritance fatwa from the government or the authorized service.

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There are several things that are essential and must be considered in making this power of attorney. Basically, this power of attorney must contain some true and real information and identities of all the heirs concerned without any manipulation. Here’s an example:

  • Complete identity of the grantor
  • Authorized complete identity of the granted
  • Clear and firm inclusion regarding the power given, such as selling, giving, and so on
  • The assets in question must be provided with a clear description. For example, if the assets are land, then the location, area, certificate of ownership rights (SHM), land boundaries, and so on must be stated.
  • Date and place where the power of attorney is signed
  • Original signatures of the grantor and the authorized

By holding power of attorney in this written form, the heir whose name is listed as the recipient of power of attorney can represent the other heirs for all purposes of managing the sale of the inheritance or inheritance in the form of land or house, including signing the Sale and Purchase Deed (AJB). Don’t forget to sign the power of attorney above on stamp duty and legalized by a notary.