LEGAL PROBLEMS AND OBSTACLES CONCERNING THE LAND WHICH BENEFICIARY ACQUIRED INTEREST FROM THE AGRICULTURAL LAND REFORM: A CASE STUDY OF LAND LEASING AND HIRE-PURCHASING BENEFICIARY

Abstract

                The objective of this research is to study the right of a person who are entitled to acquire the right from the agricultural land reform from leasing and hire-purchasing according to the Agricultural Land Reform Act B.E. 2518 and the Regulations of the Board for the Agricultural Land Reform; Re: Rules and Methods Concerning the Hire-purchasing of Land B.E. 2548.

                From the research, the purpose of the Agricultural Land Reform Act B.E. 2518 and the Regulations of the Board for the Agricultural Land Reform; Re: Rules and Methods Concerning the Hire-purchasing of Land B.E. 2548, Section 30 and Section 39. It is not to permit the farmers who possessed the agricultural lands to sell or transfer the lands, as the inheritance, to the heirs who are not farmers. However, the right is given to farmers to lease out or hire-purchasing out the reformed lands. After having been leased out or hire purchased out, the lands cannot be transferred to the third person and the heirs who are not farmers. Therefore, as required by the land reform law, there is the problem for the beneficiary from the reformed lands because after the final installment for the hire-purchasing of land was paid, the land cannot be transfers to the beneficiary, causing the farmers to lose their rights to own the land acquired from the hire-purchasing and it is not conformed to the land reform objective since the reformed land is the land that the Agricultural Land Reform Office has received the budget from the Government for the purchase of the uncultivated lands from the private sector and distributed to the farmers so that they are not forbidden to be transferred and sold and that shall be benefited by the Agricultural Land Reform Office who takes control of the agricultural land transfer. In part of the heirs who are entitled to the land reform that must be the farmer only will, of course, be contradicted to the change of society principle in the present time since majoring of people are working as farmers in the way of supplement occupation, less number of people are working as farmers only. Thus, this has caused the Regulations of the Board of Directors for the Agricultural Land Reform on the Rules and Methods concerning the hire-purchasing of Land B.E. 2548 not to be conformed to the change of society and occupation of the Thai people in the present time.

                From the research, the advice is given that it is deemed expedient for the Agricultural Land Reform Act B.E. 2518, Section 30 and Section 39 and the Regulations of the Board of Directors for the Agricultural land Reform on the Rules and Method concerning the hire-purchasing of land B.E. 2548, issued according to Section 30 and Section 39, should be revised for the land ownership can be transferred after 10 years from the date the hire-purchasing has been completed and the qualifications of the heir, as legatee, must be revised as unlimited occupation and as legal heir or heir as mentioned in the will that is enough for receiving the land hereditament from the land reform.