• Farmland and property heir in Europe

Hi all - 
my husband and I, we were supposed to inherit for sure a farm (there were no other heirs).
Isn’t it correct these things below? Help us with the truth about such a matter please. See below. 
- an owner of a farm can not do certain things. He would go against himself for future luck in future lives should he for instance give the farm to a relative of the heir. Or sell off land to just anyone. Without at least the agreement of the heir (in this case an only daughter)? 
- an heir should make clear that he or she wants to get out of the agreement to inherit should he or she make a trouble against the so called ”farmers code of honour”? (This did not happen and was never even a topic for discussion. The heir was past 50 years old when the second parent and only owner of the farm [the parents had different wills so to speak as the first parent who was not a co-owner had a family from before. There was a legal document for that.} passed away a little over two years ago.) 
- the associations and organizations that are upkeepers of the law for inheritance of farms should keep an eye on these matters and open a debate, as soon as the estate papers after the dead are handed in. 
- it is common that people who are not made indeed heirs who were heirs have a loss in income and status in the society where they live. And even elsewhere? 
Thanks.

Have a wonderful day! 
Best 
Jane Jarmo
Asked 3 years ago in Business Law

4 answers received in 1 hour.

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17 Answers

In case owner died intestate ie without a will his daughter would be legal heir 

 

2) in event deceased father left a will  land would devolve on his beneficiary as per will 

 

3) during his lifetime father was at liberty to sell land without consent of other legal heirs

Ajay Sethi
Advocate, Mumbai
96983 Answers
7831 Consultations

It is necessary to peruse the will to advice 

 

if you feel deceased was not mentally fit you can challenge the will 

 

you have to prove deceased was not mentally fit 

Ajay Sethi
Advocate, Mumbai
96983 Answers
7831 Consultations

You need to contact a local lawyer where the land is situated 

 

only after perusal of will and other documents can we guide you whether you can win or not 

Ajay Sethi
Advocate, Mumbai
96983 Answers
7831 Consultations

Contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
96983 Answers
7831 Consultations

1. if the owner died before making a will, the daughter would be the legal heir. 

2. in case a will had been drafted, the respective property would go to the beneficiary mentioned in the will. 

3. whenever the owner was alive, he could have sold it without anybody's consent. 

4. it is advisable to contact a lawyer, who can verify the documents and will, help you proceed further. 

Thank You

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Anik Miu
Advocate, Bangalore
10186 Answers
120 Consultations

- As per law, after the death of parents intestate  , his property whether movable or immovable would be devolved upon legal heirs, and other having no right to claims .

- Further, if there is WILL , then the beneficiary can claims respective right 

- Further , this WILL can be challenged from the court of law , in case of dispute . 

- Better to contact a local lawyer for sound suggestion . 

Mohammed Shahzad
Advocate, Delhi
14529 Answers
222 Consultations

Firstly understand the meaning of inheritance which is given below before going into your question:

Inheritance is the practice of transferring property, titles, debts, rights, and obligations to the legal heir of a person upon the death of that person either by way of 'Will' or through the prevalent laws of succession

 

Therefore to your question:

The legal heirs of the deceased owner are entitled to inherit the property as successors in interest in the manner known to law.

 

If the  eligible legal heirs of the deceased are deprived of their rights then they can approach  a proper court of law with a lawsuit making a claim to inherit the property and for possession  of the same as per prevailing law of the land. 

T Kalaiselvan
Advocate, Vellore
87185 Answers
2341 Consultations

Your query pertains to the law of that country probably Egypt.

It would be better that you engage the services of an attorney in Egypt to know more better about the law inheritance prevailing in Egypt and get all your doubts clarified by producing all the relevant papers/documents in your possession and can get a relief through Egyptian court of law if at all you are entitled for any relief as per your contention. 

T Kalaiselvan
Advocate, Vellore
87185 Answers
2341 Consultations

If your Sweden lawyer had advised you based on the Swedish ;laws  especially without having  a knowledge about the law of the land where this farm land situates, you may better ignore his opinion/advise and  consult a lawyer of that country and proceed as suggested by that lawyer. 

T Kalaiselvan
Advocate, Vellore
87185 Answers
2341 Consultations

What are the documents you possess?

If you possess document to prove your rights in the proeprty as well as for continuous possession and enjoyment of the property , you may ask your lawyer that if these would be sufficient or you may procure the additional documents that might be sought by the attorney for this purpose. 

T Kalaiselvan
Advocate, Vellore
87185 Answers
2341 Consultations

You can win in the above case dont worry. if you want any legal assistance approach me on linkedin

Prashant Nayak
Advocate, Mumbai
32493 Answers
201 Consultations

1.  The title holder of a property can deal with his property in any way he feels like and his future legal heirs (after his demise) can lay no claim on it during his lifetime.

 

2. There need not be an agreement to be legal heir.  The Statute determines the legal heirs after the demise of the owner. 

 

3. The question of legal heir of a person arises after his demise. Till he dies  he is entitled to deal with his properties any legal way he feels like.

 

4. As per Muslim Law, there are restrictions in case of gifting of properties which shall have to be as per Sharia.    

Krishna Kishore Ganguly
Advocate, Kolkata
27461 Answers
726 Consultations

1. File a declaratory Suit praying for the declaration that you are the legal heir of the owner, since deceased.

 

 

2.Omce you are declared the legal heir and the present owner, your problem gets solved.

 

3. Engage a local lawyer to pursue your case.

Krishna Kishore Ganguly
Advocate, Kolkata
27461 Answers
726 Consultations

1. Yes, there is the risk involved in incurring huge expenditure on this account.

 

2. Examine all the angled before you proceed on the matter legally.

Krishna Kishore Ganguly
Advocate, Kolkata
27461 Answers
726 Consultations

You can go directly as per the paper work of deceased person that how the land were acquired and later on transferred to current owner's name and on what condition the land get transfer easily on the organization name.

 

Who is the lady handling the organization without legal heirs permission (If you are the legal heirs.) Can you forward the history of deceased Family members tree.

 

And the Farm land details, pre and post agreement of deceased person, and the organization, his four friends and the lady details.

 

If you are the legal heirs of the deceased owner of the farm land then sure you can win the case.

 

Kindly do let me now the case stand in which city of the country and property too.

Ganesh Kadam
Advocate, Pune
12987 Answers
262 Consultations

I agree to your feedback sir

Prashant Nayak
Advocate, Mumbai
32493 Answers
201 Consultations

You can arrange consultation call. So we can have talk on this case properly. The link which you have provided I am not able to find any relavent documents for review. 

 

 

Ganesh Kadam
Advocate, Pune
12987 Answers
262 Consultations

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