another newbie to the cyprus property forum

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EuriJohn
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Joined: 30 Sep 2010 06:48

another newbie to the cyprus property forum

Post by EuriJohn » 02 Oct 2010 22:29

Hello everyone,

I live here in the usa, born and raised. My parents are of Greek Cypriot descent. My mother passed away some time ago, with no will, and I have learned that she had some properties in her name not only in the free part of Cyprus but also in the occuppied areas, My questions are how does Cyprus property law affect the offspring when one of the parents passes? Also in the occuppied areas can an offspring get a title . I know here in the usa if a parent dies with no will, then the properties go to the husband or wife not the kids.



Nigel Howarth
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Re: another newbie to the cyprus property forum

Post by Nigel Howarth » 03 Oct 2010 10:41

Hi EuriJohn and welcome to the forum.

This is quite a complex issue and I think it best if you contacted the Cyprus Embassy in Washington at http://www.cyprusembassy.net/home/ and ask their advice.

The laws of inheritance in Cyprus are different to those in the USA and if someone dies intestate (without making a Will), their estate is divided amongst their surviving family members. For example, if your father is still alive then he will take an equal share with the kids (including yourself). If any of the kids has died, leaving kids, then their kids will take their parents share.

I am not sure what happens with property in the occupied areas. I believe that your mother's heirs may be able to get Title, but they will be unable to sell the properties due to the current situation.

Generally speaking, under Cypriot law, kids cannot be disinherited.

The Cyprus Embassy will be able to advise you more on this.

Regards,


Nigel Howarth
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Pantheman
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Re: another newbie to the cyprus property forum

Post by Pantheman » 03 Oct 2010 15:27

John,

welcome to the forum.

As Nigel has stated, any property you mother had would be in equal shares (if she died after 1989) with your father and other siblings.

You can get title transferred to your name, but you will not be able to do much until the situation gets resolved in Cyprus.

The point is you will all have to visit the Cyprus High commission or visit Cyprus land registry to get the matter sorted.

If you wish for rstitution or compensation (depends on what the illegal occupier decides) you can go to the newly 'approved IPC' operated by Turkey for this, but they will offer you peanuts for its value. Really depends how mach land you are talking about here.

If you apply and refuse the compo offer you can then apply to the ECHR as a recourse.

You have until, I think, until end 2011 to apply to ther IPC or you will have to wait for a political settlement.

What area is your land located in???

Another added complication you may face (especially if you have no title deeds of your late mothers), is that if her land was not declared as hers immediately after the invasion, someone else may have declared it as there own (trying to steal it) and thats something else you need to contend with.

Whatever you do, do it now, don't lose you your or your childrens inheritance, its the unversal human right to own this property.

Good luck.

Milas ellinika???

Sorry, missed the bit about the free areas as well, all the more reason you should get this sorted now, you need to make claim to whats yours before someone else does. You never know, it could amount to a smal fortune. Let me know the areas they are in and what you have, perhaps I could advise further.


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EuriJohn
Posts: 4
Joined: 30 Sep 2010 06:48

Re: another newbie to the cyprus property forum

Post by EuriJohn » 03 Oct 2010 17:45

Pantheman wrote:John,

welcome to the forum.

As Nigel has stated, any property you mother had would be in equal shares (if she died after 1989) with your father and other siblings.

You can get title transferred to your name, but you will not be able to do much until the situation gets resolved in Cyprus.

The point is you will all have to visit the Cyprus High commission or visit Cyprus land registry to get the matter sorted.

If you wish for rstitution or compensation (depends on what the illegal occupier decides) you can go to the newly 'approved IPC' operated by Turkey for this, but they will offer you peanuts for its value. Really depends how mach land you are talking about here.

If you apply and refuse the compo offer you can then apply to the ECHR as a recourse.

You have until, I think, until end 2011 to apply to ther IPC or you will have to wait for a political settlement.

What area is your land located in???

Another added complication you may face (especially if you have no title deeds of your late mothers), is that if her land was not declared as hers immediately after the invasion, someone else may have declared it as there own (trying to steal it) and thats something else you need to contend with.

Whatever you do, do it now, don't lose you your or your childrens inheritance, its the unversal human right to own this property.

Good luck.

Milas ellinika???

Sorry, missed the bit about the free areas as well, all the more reason you should get this sorted now, you need to make claim to whats yours before someone else does. You never know, it could amount to a smal fortune. Let me know the areas they are in and what you have, perhaps I could advise further.
thank you for your response and yes i do speak greek, the problem is a bit more complicated actually if you can imagine. Is there a property lawyer that i could get in touch with that is trustworthy?



Nigel Howarth
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Re: another newbie to the cyprus property forum

Post by Nigel Howarth » 05 Oct 2010 09:27

EuriJohn wrote:Is there a property lawyer that i could get in touch with that is trustworthy?
The British High Commission in Nicosia publishes a list of lawyers that you can find by clicking here.

The US Embassy also publishes a list of lawyers that you can find by clicking here.

Regards,


Nigel Howarth
Independent information & advice for Cyprus property buyers
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