Proceedings of the International Conference on Law, Public Policy, and Human Rights (ICLaPH 2023)

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Legal Protection of Heirs Over The Sale and Purchase of Undivided Inherited Property (Case Study in Ciambar Parungkuda Sub-District)

Authors
Mannallizein1, *, Ressa Khoreunnisa1, Elsy Elsera Erlyanti1, Endah Pertiwi1
1Law Study Program, Faculty Of Business And Humanities, Nusa Putra University, Sukabumi, West Java, Indonesia
*Corresponding author. Email: mannallizein_hk20@nusaputra.ac.id
Corresponding Author
Mannallizein
Available Online 30 August 2024.
DOI
10.2991/978-2-38476-279-8_9How to use a DOI?
Keywords
Sale and Purchase; Inherited Land; Right of inheritance
Abstract

The results show that in Islamic law, inherited land that has not been distributed is prohibited from being traded because it is still owned by other heirs. If all heirs agree to the sale, then the sale can be done, otherwise it is considered illegal and revoked. The legal protection for the buyer of the undistributed inherited land is that he can file a civil lawsuit against the seller of the land and the notary or PPAT (Official Authorized to Make Deeds) who has made the sale and purchase agreement. Also can file a complaint in a criminal case by reporting fraud as stipulated in article 378 of the Criminal Code “Anyone who with the intention of unlawfully benefiting himself or others by using a false name or false dignity, by deception or a series of toys, moves others to hand over something to him, or to give debts or write off receivables, shall be punished, for fraud, with a maximum imprisonment of four years”.

Copyright
© 2024 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the International Conference on Law, Public Policy, and Human Rights (ICLaPH 2023)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
30 August 2024
ISBN
978-2-38476-279-8
ISSN
2352-5398
DOI
10.2991/978-2-38476-279-8_9How to use a DOI?
Copyright
© 2024 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Mannallizein
AU  - Ressa Khoreunnisa
AU  - Elsy Elsera Erlyanti
AU  - Endah Pertiwi
PY  - 2024
DA  - 2024/08/30
TI  - Legal Protection of Heirs Over The Sale and Purchase of Undivided Inherited Property (Case Study in Ciambar Parungkuda Sub-District)
BT  - Proceedings of the International Conference on Law, Public Policy, and Human Rights (ICLaPH 2023)
PB  - Atlantis Press
SP  - 68
EP  - 74
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-279-8_9
DO  - 10.2991/978-2-38476-279-8_9
ID  - 2024
ER  -