Adding siblings to title

Legal questions answered by Cyprus property lawyer Louise Zambartas

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Clueless
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Joined: 13 May 2015 06:15

Adding siblings to title

#1 Post by Clueless » 13 May 2015 09:11

Hi, I’m new to this forum and wondering whether someone is able to give me any information available.

I live in Australia with my 2 siblings. My brother was ‘gifted’ property in Cyprus from our father (who was a former Cypriot refugee) approximately 1 or 2 years ago but has since passed away. The idea is to now travel to Cyprus and place the property under all 3 of our names.

I’m hoping to get some advice on possible fees applicable and how much time the legalities will take while we’re in Cyprus?

Thanks.



Nigel Howarth
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Joined: 24 Oct 2007 14:38
Location: Erimi, Limassol, Cyprus
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Re: Adding siblings to title

#2 Post by Nigel Howarth » 13 May 2015 18:09

Hi Clueless and welcome to the forum.

I assume that the property is in the area of Cyprus under the control of the Cypriot Government (i.e it is NOT in the northern occupied area of the country).

Do you know if the 'gift' to your brother resulted in the deed to the property being registered in his name - or was it gifted by word of mouth or by letter signed by your later father?

If the gift was processed and the Land Registry issued a deed for the property in your brother's name, he can now 'gift' one third of it to you and another to your other sibling. That should be relatively straightforward. The Land Registry charge for this is 0.4% of the property's 1980 value (which will be shown on its deed).

If the deed is not in your brother's name, things will be complicated. Firstly, if your late father made a will that included the gift to your brother, that Will will have to go through probate in the Cyprus court before anything can be done - the grant of probate can take a year.

If your late father didn't make a Will, things get even more complicated and you will need to take legal advice on how to proceed. (Sadly, due to her workload, Louise rarely gets to visit the forum these days. But she can be contacted via her firms website at http://www.zambartaslawoffices.com/defa ... cleID=2360 ).

Regards,


Nigel Howarth
Independent information & advice for Cyprus property buyers
Contact Nigel Howarth
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Clueless
Posts: 2
Joined: 13 May 2015 06:15

Re: Adding siblings to title

#3 Post by Clueless » 19 May 2015 08:55

Hi Nigel,

Thank you for such a speedy and informative reply.

The property is in Limassol and the deed for the property is under my brothers name. We have planned a trip to Limassol for next month (mid-June). Are you able to advise on who I can contact to get the ball rolling, and make sure we have all the correct paperwork for when we arrive? We will have several weeks and hope this will be enough time.

Thanks



Nigel Howarth
Site Admin
Posts: 2175
Joined: 24 Oct 2007 14:38
Location: Erimi, Limassol, Cyprus
Contact:

Re: Adding siblings to title

#4 Post by Nigel Howarth » 19 May 2015 19:27

Hi Clueless

I suggest you contact Louise Zambartas in Limassol (link in earlier reply).

As the deed is in your brother's name, it's quite straightforward. The Land Registry charge will be 0.4% of the property to be transferred 1980 value (times two).

I think the form your brother will need to complete is a N.251A (but I'm not absolutely sure). Please see section 2.4.1 (page 14) of the Department of Lands & Surveys Citizens Charter.

Regards,


Nigel Howarth
Independent information & advice for Cyprus property buyers
Contact Nigel Howarth
Read the latest Cyprus property news

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