PROSES PEMBATALAN AKTA HIBAH DALAM SENGKETA WARIS (Studi Putusan Register Perkara No. 655/PDT/2023/PT. SBY)

This study examines the cancellation of grant deeds in the inheritance in the Surabaya High Court Decision Number 655/PDT/2023/PT SBY which originated from the inheritance case of the family of the deceased P.S. and the late K. in Malang City. The purpose of this study is to analyze the legal force of the grant deed carried out by some heirs of inherited property that has not been divided and assess the judge's consideration in deciding the case. The research method used is normative juridical law research with a case approach and a statute approach, and supported by an analysis of court decisions from the first level to cassation. The results of the study show that the deed of grant made by the heirs against the undivided inheritance is contrary to the principle of ownership and the principle of nemo plus juris, so it is legally invalid and can be canceled. The Surabaya High Court and the Supreme Court have consistently affirmed that such grants violate the inheritance rights of other parties and must be returned as joint property to be distributed fairly to all heirs. The conclusion of this study states that the validity of grant deeds should be assessed based on the substance of legal ownership, not just its formal form. The suggestion from this study is that the distribution of inheritance is carried out in deliberation with a clear legal basis and notaries are more careful in making grant deeds so as not to cause disputes in the future.