Property: sale, transfer, mortgage and lease mandates

A general mandate lets the attorney-in-fact act across a broad range of matters; a specific mandate names one transaction or a narrow set, such as selling one plot identified by title deed number. In practice almost every Thai and foreign authority wants the specific form because the scope is auditable and disputes are fewer. Agency law sits in the Thai Civil and Commercial Code from section 797 onwards.

Yes. A power of attorney is a dutiable instrument under instrument 7 of the stamp duty schedule to the Revenue Code, with different rates depending on whether one person is authorised for a single act, for more than one act, or several persons act separately. Check the current rate at rd.go.th before affixing stamps: an under-stamped instrument cannot be used as evidence in civil proceedings until the duty and surcharge are paid.

Follow the receiving authority. For a Thai land office, district office or court, draft in Thai. For use abroad, draft in the destination language or produce a bilingual document. In a bilingual document, state which language version prevails if the two conflict, so nothing turns on translation choices later.

Yes. Land offices generally require the Department of Lands mandate form (T.D.21 for land, the condominium equivalent for units), fully completed: type of juristic act, title deed or unit number, area, and agreed price, with ID cards and house registrations of both parties attached. Check the current form on dol.go.th before completing it.

Usually you sign the Department of Lands mandate before an officer of the Royal Thai Embassy or Consulate-General where you live, so your signature is certified, then courier the original to your attorney-in-fact to file at the land office. If you sign before a local notary instead, the document must be legalised in the chain used by that country, translated into Thai, and the translation certified by the Department of Consular Affairs. Ask the specific land office in advance — practice varies.

The Department of Lands warns against signing an incomplete mandate and instructs applicants to strike through unused spaces. Blanks can be filled in afterwards, and that is behind a large share of land-transfer disputes. Any correction must be initialled by the principal at every amended point.

Yes, but the juristic act must be named exactly — mortgage, discharge of mortgage, sale with right of redemption, or receipt of inherited property — with the key figures or conditions stated. The land office will not go beyond what is written. For several acts, list them as separate numbered items rather than writing something broad like "deal with everything concerning the land".

Yes. A lease of immovable property longer than three years must be registered with the competent official to be enforceable for its full term, so the mandate should grant both the power to sign the lease and the power to register it at the land office, stating the term and the agreed rent.

Yes. The Revenue Department accepts an agent acting under a properly stamped mandate with certified copies of both parties' identity documents. If the refund is paid by cheque or transfer, state the account name and number in the mandate so payment cannot be misdirected.

Yes. Once the court has appointed an administrator, the administrator may authorise someone else to register the inheritance transfer using the Department of Lands mandate, attaching the court order and the certificate that the case is final. The land office checks that the stated scope actually covers that registration type.

Sign before a notary public in the country of residence, then follow that country's chain — an Apostille if it is a convention party, otherwise foreign-ministry legalisation followed by Royal Thai Embassy certification — then have the document translated into Thai with the translation certified by the Department of Consular Affairs before filing in Thailand.

The non-travelling parent should state the child's name, passport number, destination, travel dates, who will accompany the child, and contact details, and sign before a Notarial Services Attorney in Thailand or a Royal Thai Embassy officer abroad. Some destinations also want the letter translated into their language and legalised.

Thailand has no common-law notary public. The equivalent function is performed by a Notarial Services Attorney registered with the Lawyers Council of Thailand. In addition, consular officers of the destination country's embassy in Thailand can certify signatures for documents to be used in their own country.

Thai law sets no general witness requirement for a mandate, but the Department of Lands form and most bank forms provide for two, and destinations such as the United Kingdom and Australia commonly require witnesses who are neither relatives nor interested parties. Prepare two witnesses with copies of their identity documents.

Usually four: signing before a Notarial Services Attorney, translation into the destination language where needed, certification by the Legalisation Division of the Department of Consular Affairs, and legalisation at the destination country's embassy in Thailand. The chain shortens for convention parties once the Apostille Convention enters into force for Thailand on 28 February 2027.

From 28 February 2027, documents for use in another convention party will end at the Apostille certificate issued by Thailand's competent authority, with no destination-embassy step. Non-party states, including some Gulf countries, keep the existing chain. Before that date the current chain still applies to everything.

Generally no. It must be legalised in the country of origin, certified by the Royal Thai Embassy there, then translated into Thai with the translation certified by the Department of Consular Affairs before a land office, bank, court or other Thai authority will accept it. Allow several weeks overall, depending on each queue.

Issue a written revocation, notify the attorney-in-fact, notify the authorities where the document might be used — the local land office and the bank in particular — and recover the original. Keep proof of notification: a third party who acted in good faith before learning of the revocation may still bind you.

No general statutory limit — the receiving authority decides. In practice land offices, banks and many embassies want a mandate signed within the last three to six months, and older documents are usually sent back to be redone, so sign as close to the intended use as you can.

The sequence Thai authorities expect is: sign before a notary public or a Thai consular officer abroad, have the competent authority of that country certify the notary's signature, then have the Thai embassy or consulate legalise it. Once in Thailand the document is translated into Thai by a translator who states their name and contact details, and the translation is certified by the Legalisation Division of the Department of Consular Affairs before it is shown to the land registrar. When the Apostille Convention enters into force for Thailand on 28 February 2027, an apostille from a member state replaces the embassy step, but the translation and translation-certification steps remain.

Yes, using Department of Lands form T.D.21 completed in full: title deed number, parcel and survey numbers, sub-district, district and province, and a scope that expressly covers signing the sale contract and receiving the price. Never leave blank spaces to be filled in later, which is the most common route to fraud; strike through blanks and initial them. Attach passport copies certified as true copies, including every page bearing an immigration stamp.

It ends on the stated expiry date, on completion of the authorised business, on revocation by the principal, on renunciation by the attorney-in-fact, or on the death, incapacity or bankruptcy of either party under the agency provisions of the Civil and Commercial Code. Safe revocation means a written revocation delivered to the attorney-in-fact and, more importantly, notice to the third parties who rely on it — the land office, the bank, the counterparty — because a good-faith third party without notice may still be protected.

A petition to appoint an estate administrator must come from an heir or an interested person, but an heir abroad can authorise a lawyer to file and conduct the proceedings, together with consent letters from the other heirs. Documents signed abroad follow the usual legalisation and translation route. Transfers after the court order are then carried out by the court-appointed administrator.

No statutory expiry exists, but receiving bodies set internal limits. Land offices and many banks want an instrument signed within the last three to six months. The safe approach is to state an expiry date in the document itself and confirm the receiving body's rule before sending papers across borders, because re-executing abroad takes weeks.

A minor needs the consent of the legal representative for significant transactions, and disposing of a minor's immovable property requires court permission. A person adjudged incompetent cannot give a mandate; the guardian acts within the limits set by law and, in some cases, with court approval. The land registrar will ask to see the court order.

The Electronic Transactions Act recognises reliable electronic signatures, but in practice land offices, district offices and many embassies still ask for the paper original with a wet signature and certification seals. Ask the receiving body first; where only paper is accepted, allow time for international courier.

Not immediately in most cases. The signature is normally certified by a notary public or a Thai consular officer abroad, then the document is translated into Thai and legalized by the Legalization Division of the Department of Consular Affairs before it is presented to the Land Office. For sale or mortgage transactions officers usually expect wording that matches the official Tor Dor 21 form and an exact title deed number. Confirm the document list with the specific district Land Office before shipping papers internationally, because local practice varies.

The Apostille Convention enters into force for Thailand on 28 February 2027. After that date documents issued in member states carry a single Apostille certificate instead of multiple embassy legalization layers, which shortens the chain and makes timing more predictable. Thai translation and wording review remain necessary because the receiving authority still reads the Thai text. For documents prepared before that date, ask the receiving office whether the earlier format is still accepted.

As specific as possible. Broad wording such as to do anything on my behalf is often rejected and creates real risk of misuse. Name the exact transaction, the title deed or vehicle registration number, the counterparty, any maximum amount, and an end date. Acts beyond the stated scope generally do not bind the principal unless later ratified, so a narrow scope protects both sides and speeds up counter checks.

Yes. Instrument 7 of the Stamp Duty Schedule administered by the Revenue Department applies to powers of attorney, with different small fixed amounts depending on whether one person is appointed for a single act, one person for repeated acts, or several persons. Check the current rate before filing, because insufficient stamping can force on-the-spot payment plus a surcharge and delay a scheduled transfer appointment.

Prepare a written revocation, deliver it to the attorney-in-fact by a method that proves receipt such as registered mail, and keep the evidence. Then notify every organization that might rely on the old document, for example the Land Office, your bank, or the Department of Business Development, so a third party acting in good faith does not continue to treat the appointment as valid. If you suspect misuse, consult a Thai lawyer about filing a police report as a record.

Yes. State clearly which return, which tax year, and whether the attorney may also receive a refund. You will normally need the power of attorney with stamp duty affixed under the Revenue Code stamp duty schedule, certified copies of both parties' identification, and the supporting filing documents. If the authority to collect a refund is omitted, officials will not release it to the attorney, and insufficient stamp duty weakens the document's evidential value.

Evidence that the signatory can bind the company: a recent certificate of incorporation or company extract, the board resolution or minutes approving the appointment, and specimen signatures. The signature is notarized in the issuing country, authenticated by the local authority and the Royal Thai Embassy, then translated into Thai and legalized in Bangkok. Ensure the company name and registration number match on every document, and that the resolution is dated no later than the power of attorney itself.

Revoke in writing, identifying the document and date, notify the attorney, and also notify third parties such as the Land Office, banks or counterparties, because acts done with a good-faith third party may still bind the principal under the agency rules of the Civil and Commercial Code. Send the notice with proof of receipt, keep the acknowledgement, and ask for the original document back. Verbal revocation is very hard to prove if a dispute follows.

According to HCCH, the 1961 Apostille Convention enters into force for Thailand on 28 February 2027, which will let documents moving between member states rely on a single apostille certificate instead of a multi-layer chain in many cases. Until then the existing route applies: certification at source, embassy authentication, then legalization in Thailand. Non-member countries will keep the old chain, and Thai receiving offices will still normally require a certified Thai translation. Confirm current practice with the Department of Consular Affairs before you start.

Yes, and that review is where most delays are avoided. We compare your actual objective with the form the receiving office uses, calibrate the scope so it is neither dangerously broad nor unusable, check stamp duty, the number of originals, witnesses and translation requirements, then sequence the cross-border certification so it completes in one round. Our team has more than 15 years of experience with land, corporate, litigation and consular files. Send us the draft or simply describe your goal and we will map the steps before you sign.

Land Office registrations use the Department of Lands' own power of attorney form, not a general POA. Prepare the completed form with no blank spaces, the original title deed, ID or passport and house registration of both principal and attorney, with certified copies. State exactly what is delegated — sale, mortgage or transfer of a specific plot — sign before two witnesses, and if signed abroad, have it notarised, legalised by the Thai embassy and certified by the Department of Consular Affairs. The most common causes of rejection are blank spaces left in the form, a wrong title deed number, or a name spelt differently from the deed. We check the form and the certification chain before filing.

Yes — filing, claiming refunds, receiving correspondence and giving statements can all be delegated, but list the scope item by item: which tax year, whether the attorney may receive refund cheques, and how far they may give statements on your behalf. You will need the stamped power of attorney, certified copies of both parties' ID or passport, and the return's supporting documents. If a refund is involved, the authority to receive funds must be stated expressly or the officer will not release it. Keep the authority narrow and add an expiry date.

Only where the original document expressly grants the power to delegate; otherwise the attorney may not appoint a substitute except in the limited situations the law allows. Draft it with wording that permits appointing a substitute for the listed acts, and cap both scope and duration. When filing, submit the original or a certified copy of the first document, the substitute document, and identification for everyone involved. Land Offices and banks apply strict practice here, so confirm with the receiving office before signing.

The standard sequence is: draft to the receiving country's requirements, sign before a Notarial Services Attorney registered with the Lawyers Council of Thailand, obtain legalisation from the Department of Consular Affairs (Legalisation Division), then, if still required, certification by that country's embassy in Thailand. Countries in the Apostille Convention accept an apostille instead of embassy legalisation only when the issuing country is also a party; Thailand's accession is still in progress, so the two-step legalisation route remains the norm. Ask the receiving party for their requirements in writing before you start so nothing has to be redone.

It can be drafted that way, but receiving authorities usually prefer a document limited to one purpose. The Thai Land Department uses its own forms for transfers, banks use their internal templates, and courts expect wording that names the case and the court. Powers drafted too broadly are often rejected as unclear. The safer approach is a separate instrument per authority, or a master document listing each power as a numbered clause with scope, start date, end date, and whether delegation is allowed.

Prepare a written revocation identifying the original document by date or reference, the parties, and the effective date. Have it certified by a Notarial Services Attorney, then processed by the Department of Consular Affairs and the destination channel used for the original. Critically, notify every party holding the original, such as the bank, the foreign lawyer, or the land registry, because revocation affects third parties from the time they receive notice.

Sign before a notary public or a Thai embassy officer in that country. If the country is a Hague Apostille party, obtain an apostille from its competent authority; if not, obtain foreign ministry certification followed by Thai embassy legalization. Once in Thailand the document is translated into Thai and the translation certified by the Department of Consular Affairs before submission. Total time depends on each authority's queue.

The Land Department issues dedicated forms: T.D.21 for land and O.Ch.21 for condominium units. Complete every field without blanks, state the title deed or unit number, area, and the exact type of juristic act as recorded in the register, and attach certified copies of both parties' identity documents. A foreign grantor signing abroad must first complete international certification and Thai translation.

Evidence that the signatory can bind the company: a certificate of incorporation recent enough for the receiving authority, board minutes approving the appointment, and specimen signatures of the directors. The whole set must be certified in the country of origin and translated into Thai. The most common rejection is a company name transliterated differently from the spelling already registered with Thai authorities.

Thai law sets no fixed expiry when the document itself is silent, but receiving authorities apply their own limits, commonly three to six months from certification. Banks and foreign land registries are typically stricter. Confirm the accepted age before starting, and plan the chain so the document reaches its destination well inside that window.

Land Department forms require two witnesses. For documents used abroad the requirement follows the destination's law: some demand two disinterested witnesses with stated addresses, others accept notarial certification alone. The low-risk practice is to arrange two witnesses with identification available, because witnesses cannot be added later without re-executing the whole document.