This Agreement granting the right of usufruct is made at ______ on the___ day of ___, 20__.

BY AND BETWEEN

1. Mrs. _______ ________, of Thai nationality, ___ years of age, holding a Thai ID-card with No.__________, residing at _______ ________ Province, hereinafter referred to as the “Owner” of the one part (as detailed in Attachment 1 attached hereto and deemed as a part hereof).

AND

2. Mr. _______ ________, a national of _____, __ years of age , holding a passport of the _______ with number _________, residing at _______ ________ Province, hereinafter referred to as the “Usufructuary” of the other part (as detailed in Attachment 2 attached hereto and deemed as a part hereof).

Click to download complete (th-en) document

WHEREAS

(1) The Owner is the sole lawful owner of a parcel of land with details and particulars as shown in the copy of the land title deed attached hereto as Attachment 3 (the “Land”)

(2) The Owner is the sole lawful owner of a house built on the Land with details and particulars as shown in the copy of the house registration book attached hereto as Attachment 4 (the “House”).

(3) The Land and the House including any future alteration, modification, addition and/or improvement (if any), hereinafter collectively referred to as the “Property”

(4) The Usufructuary hereby acknowledges that unless permitted by the Thai government he is unable to own any parcel of land in this Kingdom and further declares that this agreement is made with the true intention, by which the Usufructuary expects only acquisition to the rights of possession, use, enjoyment and sole right of management of the Property (to the extent permissible under the Thai law).

(5) The Owner has received the money as a gift from the Usufructuary and expended this personal property on the Property.

(6) It is the Owner’s wish to grant the Usufructuary in return the Right of Usufruct for the Property without consideration for the period of the life of the Usufructuary, to be continued in the event of separation, disappearance or death of the Owner.

NOW THEREFORE, the Parties hereby agree as follows:

Clause 1

The Owner agrees to grant to the Usufructuary and the Usufructuary agrees to take from the Owner the Right of Usufruct of the Property. By virtue of the usufruct the Usufructuary shall have the rights of possession, use, enjoyment and sole right of management of the Property (to the extent permissible under the Thai law).

Clause 2

The Right of Usufruct of this Agreement shall be created for the lifetime and exist throughout the life of the Usufructuary (the “Term”) without any consideration or remuneration.

The Parties agree to complete with the registration of the right of usufruct by making a written memorandum of statement in accordance with this Agreement with the relevant land office within 30 (thirty) days from the signing date of this agreement.

The Usufructuary shall pay for the registration fees including stamp duties and other expenses related to the registration of this right of usufruct interest.

Clause 3

In case of the death of the Usufructuary, the Parties agree and acknowledge that the usufruct shall be extinguished and shall in no case devolve on the heirs of the Usufructuary.

Clause 4

.... .......... ... .......... .... .......... ... .......... .... .......... ... .......... .... .......... ... .......... .... .......... ... .......... .... .......... ... .......... .... .......... ... .......... .... .......... ... .......... .... .......... ... .......... .... .......... ... .......... .... .......... ... .......... .... .......... ... ..........

Clause 5

.... .......... ... .......... .... .......... ... .......... .... .......... ... .......... .... .......... ... .......... .... .......... ... .......... .... .......... ... .......... .... .......... ... .......... .... .......... ... .......... .... .......... ... .......... .... .......... ... .......... .... .......... ... .......... .... .......... ... ..........

Clause 6

.... .......... ... .......... .... .......... ... .......... .... .......... ... .......... .... .......... ... .......... .... .......... ... .......... .... .......... ... .......... .... .......... ... .......... .... .......... ... .......... .... .......... ... .......... .... .......... ... .......... .... .......... ... .......... .... .......... ... ..........

Clause 7

.... .......... ... .......... .... .......... ... .......... .... .......... ... .......... .... .......... ... .......... .... .......... ... .......... .... .......... ... .......... .... .......... ... .......... .... .......... ... .......... .... .......... ... .......... .... .......... ... .......... .... .......... ... .......... .... .......... ... ..........

Clause 8

Any provision in this agreement which is void, invalid or unenforceable shall be ineffective only to the extent of such void, invalid or unenforceable provision, without invalidating the remaining provisions and without affecting the validity and enforceability of such provisions in any other jurisdiction. If one of the Parties fails to comply with this agreement the other party shall have the right to claim damages from the defaulting party (if any).

IN WITNESS WHEREOF, the Owner and the Usufructuary have hereunto executed this Agreement in the presence of witnesses on the day, month and year first written above.

ลายมือชื่อ ................... ................. (Owner)

Mrs. ...name in writing...

ลายมือชื่อ ................... ................. (Usufructuary)

Mr. ...name in writing...

ลงชื่อ ................... ................. (Witness) (ID-card number ............ ............ )

ลงชื่อ ................... ................. (Witness) (ID-card number ............ ............ )

Click to download complete (th-en) document