5/2549 Thailand Supreme
Court Opinion 56 (No. 3651) 2006
Sangvol et al. vs. Darawong et al.
Re: Land Ownership; Cancellation of Land Transaction
The plaintiff filed a complaint that she was the owner of a piece of disputed the Thailand land. The plaintiff authorized the first defendant, who is the plaintiff's mother, to withdraw a mortgage on the disputed land. However the first defendant did more than she was authorized and legally registered the land in her name. The first defendant later sold the land to the second defendant and the second defendant mortgaged the land to the third defendant.
The plaintiff has requested to have the legal action between herself and the first defendant, and between the first defendant and the second defendant, and the mortgage between the second defendant and the third defendant, canceled. This is to exercise the right to take back property from persons who do not have the right to hold the thailand community property according to Section 1334 of the Civil and Commercial Code.
The three defendants dispute the right of the plaintiff according to Section 55 of the Civil Procedure Code. Although the plaintiff does not have the right to sue the first defendant because suing a parent is prohibited according to Section 1542 of the Civil and Commercial Code, this is a factor only between the plaintiff and the first defendant. The plaintiff has the right to sue and bring legal proceedings against the second and third defendant.