Legal Liability Of Heirs For Tortious Acts In Grant Deeds Study Of Supreme Court Decision Number 3013 K/Pdt/2022

Abstract

Disputes over grants may arise when a party feels aggrieved, particularly regarding the validity of grant deeds concerning undivided inheritance assets. Using normative legal research methods with a qualitative descriptive approach, this study demonstrates that the validity of a grant requires full ownership by the grantor as a material requirement. Legal protection for aggrieved parties is provided through preventive and repressive mechanisms. Analysis of Supreme Court Decision Number 3013 K/Pdt/2022 concludes that the act of an heir granting undivided inheritance assets constitutes abuse of circumstances causing defect of consent, both classically (Article 1321 of the Civil Code) and nonclassically based on doctrine and jurisprudence.