Legal right to sell a property?

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TABOT235
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Legal right to sell a property?

#1 Post by TABOT235 » 02 Jul 2017 20:49

My Father was a Greek Cypriot who lived in Cyprus. He died 2 years ago without leaving a will. He leaves two siblings: myself and my brother (we both live in the uk) and our Russian stepmother who still lives in my fathers property in Larnaca.

I believe in Greek law that if no will has been left, the property would be divided equally between spouse and children.

Our question is this: Can we insist the property be sold once our names are on the deeds or does my stepmother have a right to continue living there? If we can insist on a sale, how do we proceed with this?



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Re: Legal right to sell a property?

#2 Post by Nigel Howarth » 03 Jul 2017 09:16

TABOT235 wrote:
02 Jul 2017 20:49
Can we insist the property be sold once our names are on the deeds or does my stepmother have a right to continue living there? If we can insist on a sale, how do we proceed with this?
No - you cannot insist that the property is sold once your names are on the deeds and your stepmother has a right to continue living there. If you wish to sell you will have to come to an arrangement with your stepmother, perhaps by buying her share.

Regards,


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Pantheman
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Re: Legal right to sell a property?

#3 Post by Pantheman » 03 Jul 2017 09:32

Nigel Howarth wrote:
03 Jul 2017 09:16
TABOT235 wrote:
02 Jul 2017 20:49
Can we insist the property be sold once our names are on the deeds or does my stepmother have a right to continue living there? If we can insist on a sale, how do we proceed with this?
No - you cannot insist that the property is sold once your names are on the deeds and your stepmother has a right to continue living there. If you wish to sell you will have to come to an arrangement with your stepmother, perhaps by buying her share.

Regards,
Actually Nigel, my understanding is that whoever has the majority share can get a forced sale. previously they would take it to auction. This was the method for getting land sold when one member would prevent the majority share from developing it. (might also be valid for property as well)

The best approach would be to seek legal advice on this or better if you come to Cyprus ask at the Land Registry.


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Re: Legal right to sell a property?

#4 Post by Nigel Howarth » 03 Jul 2017 14:42

Thanks Pan

My concern would be that their stepmother would be left homeless?

Regards,


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Re: Legal right to sell a property?

#5 Post by Pantheman » 03 Jul 2017 16:08

Nigel Howarth wrote:
03 Jul 2017 14:42
Thanks Pan

My concern would be that their stepmother would be left homeless?

Regards,
Sure and i understand, but such is life. Another thing, the step mother would only be eligible if she was actually married to the father.

Nowithstanding this, if she is also non EU she may even have trouble getting any title to her name!!


For all your property needs, we offer Trust, Integrity, Honesty.
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Re: Legal right to sell a property?

#6 Post by Nigel Howarth » 05 Jul 2017 18:14

Hi TABOT235 and Pan

I've been doing a bit of searching. I think this is the way to go about selling the property:

SALE OF PROPERTIES HELD IN UNDIVIDED SHARES

Any co-owner in a property held in undivided shares must first obtain a certificate of indivisibility to be entitled to file an application for the sale of his property. Such certificate may be obtained from the Director of the Department of Lands & Surveys stating that the property in question cannot be partitioned or divided amongst the co-owners without contravening the provisions of the law (e.g. with respect to the minimum extent applying for the division of properties).

The application to obtain a certificate of indivisibility shall be deposited with one of the District Lands Office regardless of the District where the property is situated (there is no specific application form for this purpose).

Documents attached to the application
  • Certificate of registration (if any).
    Search certificate on which all co-owners of the property are shown.
    Certificate signed by the President of the Community/Mukhtar which must specify:
    • The names and addresses of all registered co-owners or their heirs where any of the co- owners is deceased.
      That the property is in the same condition as described in the title.
      That the property is held in undivided shares by all co-owners.
      Whether the property is irrigated or is capable of being irrigated by a perennial or seasonal source of water.
Where no registration for the property exists a local enquiry shall carried out before issuing the certificate of indivisibility.

All applicable fees are payable upon deposit of the application.

Service of certificate of indivisibility

Any co-owner in a property held in undivided shares may, upon receipt of the certificate of indivisibility, serve a copy thereof accompanied by a notice attached thereto to all co-owners resident in Cyprus stating that unless all owners do not, within a period of thirty (30) days, agree that the title of the property be transferred to one person, he shall apply to the Director of the Department of Lands & Surveys to proceed with the sale of the property by public auction. The service is made either by double registered post or per writ of summons served by a bailiff or personally in the presence of a witness.

Documents attached to the application of sale

After the lapse of the period of 30 days from the date of service of the notice and of receipt of the certificate of indivisibility, the applicant, his agent or attorney may file an application with the Lands Office of the District for sale of the property and attach thereto:
  • Copy of the certificate of indivisibility.
    Copy of the notice to co-owners.
    Sworn statement by the applicant with respect to the aforesaid service.
    Advice of receipt by the post where the service was made by double registered post.
    A certificate certifying the absence of any co-owner abroad.
    Certificate of registration (title) of the property.
All prescribed fees for acceptance of the application and all relevant expenses are payable by the applicant.

The Director may exercise his discretion and proceed with the sale of the property in accordance with the rules of sale and distribute the proceeds of sale amongst all co-owners in accordance with the size of their share after deduction from the proceeds of sale of all fees, taxes, charges and expenses. The Director shall take all factors affecting or concerning the property into account and in certain cases is entitled to refuse to proceed with such sale.

Time of completion of the procedure

This procedure does not take more than one year, and varies depending on the particularity of the case, the accumulated volume of work and the available personnel.

See pages 62 and 63 of the Department of Lands & Surveys Citizens' Charter.

Regards


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Re: Legal right to sell a property?

#7 Post by Pantheman » 06 Jul 2017 09:26

Sounds like that this applies to agricultural land Nigel.

I doubt the same process for a plot with a house on it.

The reason it in the part that says ' .... cannot be partitioned or divided amongst the co-owners without contravening the provisions of the law (e.g. with respect to the minimum extent applying for the division of properties).' and ' ... Whether the property is irrigated or is capable of being irrigated by a perennial or seasonal source of water.'

To me this would suggest that we are talking about an agricultural plot.

Of course in a co-owned property, filed, plot, house etc, you always need the co-owners permission to sell, in fact the reason is, he has first shout on it before it is offered for sale elsewhere (the correct thing to do IMHO), if he refuses then the forced sale process will take place. In case the co-owners are unobtainable then an ad in the paper for, I think it is 60 days, stating it's sale and if anyone has any objections. If no one comes forward then a sale could be had.

It is a complex process mainly to protect the owners of the the properties. Notwithstanding the property issues Cyprus is currently facing the land registration system in Cyprus is one of the most strictest worldwide.


For all your property needs, we offer Trust, Integrity, Honesty.
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TABOT235
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Joined: 02 Jul 2017 20:19

Re: Legal right to sell a property?

#8 Post by TABOT235 » 06 Jul 2017 21:18

Ummm... Confusing & complex. Thanks everyone for your time in replying. After two years trying to figure this out we're still confused :-(



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Re: Legal right to sell a property?

#9 Post by Pantheman » 07 Jul 2017 11:46

TABOT235 wrote:
06 Jul 2017 21:18
Ummm... Confusing & complex. Thanks everyone for your time in replying. After two years trying to figure this out we're still confused :-(
Property can be complex, but I doubt yours is a complex as this. What Nigel gave above is what one would need to do to resolve their issues, but I suspect your issue is not this.

My advice would be either.

1. Go to a lawyer and ask

2. Go to the Land Registry and enquire.

Either way it means some leg work for you, there are no easy routes when legal issues are at stake.

Good luck.


For all your property needs, we offer Trust, Integrity, Honesty.
FSB Properties Ltd
Registered and Licensed Real Estate Company Co. Reg. No. 795, Lic. No. 250/E
http://www.fsbproperties.com

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