Declaration of Sole Heir, Definition and Examples
Inheritance is the transfer of ownership rights from a person who dies to his heirs who are still alive, whether what is left behind is in the form of assets (money), land, or anything in the form of legal property rights according to Shari'a.
In managing the rights of heirs, you also need a letter of declaration of heirs. The Declaration of Heirs is required as proof of granting authority to one of the heirs to sell the house or land as a result of the inheritance.
Then what about the sole heir statement? For those of you who want to know more about the sole heir statement, here's a detailed explanation that you can find in this article:
- Statement of Sole Heir
- Legal Basis for Statement of Sole Heir
- Sample Letter of Statement of Sole Heir
- Important Points Required in the Single Heir Statement
- Function of Single Heir Declaration Letter
The following is a detailed explanation of the single heir statement letter and an example that you can see below.
Sole Heir Declaration Letter
The sole heir statement is a document containing a statement that a person is the only legal heir of someone who has died. This letter is usually used for administrative purposes such as to administer inheritance or rights to property left by the deceased/deceased.
The contents of a single heir statement generally include information about the identity of the heir, family relationship with the deceased/deceased, as well as a statement that no other heir has rights over the property left behind.
This letter is also often attached with other documents such as birth certificates, death certificates, and statements of heirs from other families to strengthen the validity of the statement.
This single beneficiary statement letter needs to be prepared carefully and accurately to avoid problems in the future. Therefore, it is best if this letter is prepared by a legal expert or attorney who is experienced in matters of inheritance law.
Legal Basis for Statement of Sole Heir
The legal basis for a single heir statement regarding Islamic law is stated in Article 49 letter b of Law no. 3 of 2006 concerning Amendments to Law no. 7 of 1989 concerning Religious Courts. Meanwhile, the determination of heirs whose religion is other than Islam is made by the District Court. The legal basis is Article 833 of the Civil Code.
This law states that heirs are people who have the right to receive all or part of the inheritance of someone who dies. Therefore, if someone claims to be the sole heir and wants to take care of the rights to the property left by the deceased/deceased, then he needs to draw up a statement as sole heir as proof that he is the only legal heir.
In addition, to avoid disputes between heirs that have the potential to occur in the future, the statement letter for single heirs also needs to meet the formal requirements stipulated in civil law, such as having to be written in written form and signed by the heir concerned in the presence of witnesses. legitimate.
Example of Sole Heir Declaration Letter
DECLARATION OF INHERITANCE
I am the undersigned:
Number :
Age :
Work :
Address :
:
It is true that he is the only heir (single heir) of an inter-marriage
………………………………………………………. with …………………………………………………
This is how I made this affidavit truthfully so that it can be used as it should be.
Tangerang, 2023
Knower, Who declares,
Village head ………………………
( ) ( )
Important Points Required in the Single Heir Statement
Here are some important points that must be in the single heir statement that you need to pay attention to:
- Identity of the heir: Full name, address, telephone number, and resident identification number (NIK).
- Identity of the deceased/deceased: Full name, last address, date of birth and date of death.
- Family relationship: Statement that the heirs concerned are children, husband/wife, or parents of the deceased/deceased.
- Single acknowledgment: Statement that the heir in question is the only legal heir and no other heir has the right to the property left behind.
- Property left behind: Explanation of the types of property left behind by the deceased/deceased.
- Signing: The statement letter must be signed by the heir concerned and witnessed by two legal witnesses.
- Legality: A statement that this statement was made voluntarily and is recognized as valid evidence before the law.
- Attachments: Supporting documents, such as birth certificates, death certificates, and statements of inheritance from other families.
That is an important point that must be in a single heir statement. If you are looking for a house to inherit, here is a list of the best houses in the Malang area, East Java for your reference!
Function of Statement of Sole Heir
The function of the sole heir declaration letter is as follows:
- Proving that the heir concerned is the only legal heir and has the right to all property left by the deceased/deceased.
- Maintaining the security of property: With a single heir statement, it will make it easier for the authorities to take care of the heirs' rights to the property left by the deceased/deceased.
- Avoiding disputes between heirs: In some cases, disputes between heirs often occur because there are differences of opinion regarding the distribution of property. With the existence of a single heir statement, the possibility of this dispute can be avoided.
- Facilitate the inheritance process: A single heir statement can speed up the process of completing inheritance rights without having to wait for a decision from the court.
- Protecting the rights of heirs: In the event that there are other heirs who claim that they are also entitled to the property left by the deceased/deceased, then the statement of sole heir can be used as legal evidence before the law.
Thus, a single heir statement has an important function in terms of inheritance law, especially in maintaining security and speeding up the process of settling inheritance rights.
