Juridical Analysis Of Inheritance Disputes Over Land Subject To Mortgage Rights Study Of Supreme Court Decision Number 466 K/Pdt/2021

Abstract

Inheritance disputes over land subject to mortgage rights frequently create conflicts of interest between heirs and creditors. Biological grandchildren are entitled to inherit as ab intestato heirs based on blood relation, whereas stepgrandchildren may only inherit through a testamentary bequest (legaat). Creditors as mortgage holders receive legal protection under Law No. 4 of 1996 and Supreme Court Circular Letter No. 7 of 2012, provided that the collateral binding was executed in accordance with applicable legal provisions. The Supreme Court Decision Number 466 K/Pdt/2021 revoking the judex facti ruling was correct, as inheritance disputes must not prejudice creditors as third parties acting in good faith.