How to Divide Inherited Land: Rules and Procedures

Dividing an inheritance is a difficult matter that many people face. Disputes often arise because each party feels entitled to the property. That is why it is so important to understand how to divide inherited land in a way that feels fair.

Inherited property comes in many forms, from cash and vehicles to jewelry, land and buildings. When it comes to dividing an inheritance, it is best to settle matters amicably so that they do not trigger conflict among family members.

How to Divide Inherited Land

The property left by the deceased can take many forms, and one of them is land. Inherited land is also divided into two types: land without buildings and land with buildings. Dividing inherited land is clearly not easy.

This is especially true if the deceased still has both parents living. The property must be divided according to each person's respective share. To make it easier to divide inherited land, whether with or without buildings, first offer it to relatives who wish to buy it.

If no one wants to buy it, the property should be sold. Once it is in the form of money, the division becomes much easier. The division of inheritance also refers to the Compilation of Islamic Law (KHI) or HKI. The rules set under HKI are as follows.

Important

• If there is only one daughter, she is entitled to ½ of the share. If there are two or more daughters, their share is 2/3.
• When daughters are together with sons, the son's share is 2:1 compared with the daughter's.
• A father receives 1/3 of the inheritance if the deceased has no children. If there are children, the father's share is only 1/6.
• A mother receives 1/3 if the deceased has no children or fewer than two siblings. If there are children or two or more siblings, the mother receives only 1/6.
• A mother receives 1/3 of the remaining estate after the widow or widower has taken their share, when she is together with the father.
• A widower receives ¼ if the deceased had children. If the deceased had no children, the widower's share is ½.
• A widow receives ¼ if the deceased had no children. If there are children, the widow's share is 1/8.
• If the deceased leaves no children and no father, a brother and sister of the same mother each receive 1/6.
• If the deceased leaves no children and no father, but has one full sister, her share is ½. If there are more than two full sisters, they together receive 2/3. If the sisters are together with brothers, the ratio of division is 2:1.

Each heir has their own share. Naturally, the shares of one heir and another affect each other. That is why it is wise to sell inherited land first, so that it does not complicate the division later.

Who Is Entitled to Be an Heir

Who is entitled to be an heir has already been set out in law. Under Article 832 of the Civil Code (KUH Perdata), those entitled to inherit are family members who are related by blood, whether through marriage or not.

In addition, the surviving spouse, whether wife or husband, is also entitled to be an heir. Put simply, heirs fall into two groups:

1. Based on Blood Relation

Those related by blood to the deceased are entitled to the inheritance. Male members of this group include the father, son, brother, uncle and grandfather. Female members include the mother, daughter, sister and aunt.

2. Based on Marriage

Those in this group are widows or widowers. If the deceased is the husband, the wife is entitled to be an heir. Likewise, if the wife dies, the husband is also entitled to be an heir, provided the two were still married and not divorced.

Under civil law, the order of priority for receiving an inheritance is divided into 4 classes of heirs. The first class has the strongest claim to the inheritance. This class consists of the surviving spouse and the descendants.

The second class consists of the deceased's parents and siblings. The third class consists of the deceased's grandparents. The fourth class consists of the deceased's uncles and aunts up to the sixth degree, as well as the grandparents' siblings up to the sixth degree of descent.

So, how is inherited land divided, and who has the stronger right to it? The first class is given priority in receiving the inheritance. If the deceased has no children or spouse, the inheritance passes to the second class, and so on.

4 Circumstances That Can Cause an Heir to Lose the Right to Inherit

The way inherited land is divided is indeed set out in the Civil Code and HKI. However, there are some circumstances that can cause an heir to lose the right to receive any part of the inheritance.

The following 4 circumstances can result in the cancellation of an heir's right:

1. Forging a Will

A principal heir, whether a biological child or a parent of the deceased, can have their right to a share of the inheritance cancelled if they are proven to have forged a will. For whatever reason, a will must not be altered from its original form, as this can harm the other heirs.

2. Killing or Attempting to Kill the Deceased

A person named as an heir must be a person of good character who has not committed any kind of crime. If an heir is proven to have attempted to kill, or even killed, the deceased, their right to receive the inheritance will be cancelled.

Even if that heir is listed in a will, an interested party may remove the heir's name, since the right has been revoked by law.

3. Preventing the Deceased from Making a Will

A will can be made at any time according to the wishes of the deceased. If, during the drafting of a will, an heir tries to obstruct it or provokes changes to the document, that heir's right may be cancelled because it is considered a criminal act.

A will may be changed by the deceased under certain circumstances, for example if an heir has died or the deceased has divorced. A will must be made with full awareness and without pressure from anyone.

4. Falsely Accusing the Deceased of a Crime

One circumstance that can lead to the cancellation of an inheritance right is having falsely accused the deceased. In this case, the heir accused the deceased of a crime, and under the law that accusation is found to be untrue.

An heir who has committed such an act may have their name removed from the list of persons entitled to receive the inheritance.

It is also advisable to first convert the value of inherited land into rupiah. The aim is to make the calculation of the division simpler, so that heirs can receive their inheritance according to the shares set under HKI and the Criminal Code (KUHP).

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