International Journal of Advanced Multidisciplinary Research and Studies
Volume 4, Issue 3, 2024
Notary's Responsibility in Making Grant Deeds Exceeding One-Third of Inheritance Property: Research at the Regional Supervisory Council Notary of Banda Aceh Municipality
Author(s): Childa Meuthia, Iman Jauhari, Darmawan
Abstract:
Grant deed is one type of authentic deed made by a notary that has perfect evidentiary power in court. Ideally, the making of a grant deed is carried out in a legal order, one of which is not exceeding 1/3 (one third) of the grantee's property as regulated in Article 210 Paragraph (1) of the Compilation of Islamic Law (KHI) and Article 726 of the Compilation of Sharia Economic Law (KHES). In practice, there are many lawsuits to cancel the grant deed at the Syar'iyah Court on the basis that the object of the grant property in the deed exceeds 1/3 (one third). For this reason, notaries who make grant deeds exceeding 1/3 of the assets certainly have their own reasons. The making of the grant deed will also have an impact on the status and position of the grant deed as well as the responsibilities and legal burdens that can be assigned to the notary.
Keywords: Notary's Responsibility, Grant Deeds, Inherited Assets
Pages: 794-802