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Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10525
Experience:  Barrister 17 years experience
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my father passed away in 1996 .I purchased the house and my

Customer Question

my father passed away in 1996 .I purchased the house and my mother resided in it .my mother passed away in may this year .I have now had a letter from a solicitor acting for my 2 brothers .which says they want to sell the house and split the proceeds 3 ways .I have the deeds and the land registry in my name and also the paper work from the mortgage companys I have used.do they have any claim
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
Customer:

1. If you purchased the house after your father died, then your two brothers have no claim. They and their solicitor appear to be labouring under a misapprehension that your mother owned the house because she was living in it. However, if you purchased the house and the title deeds are in your name, then your two brother can have no claim. In the UK, the title register is proof of ownership. Accordingly, I would advise you to simply send a copy of the land Registry deeds to the solicitor for the two brothers and point out that you own the house as your purchased it. Not your mother. The house did not form part of your mother's estate when she died. Inform them that accordingly, they have no share or interest in the house and have no right to ask for a sale or a share in the proceeds. In law they have no claim.

JACUSTOMER-7wwamhm4- :

hi this is the I recieved

Customer:

2. Do you require further clarification?

JACUSTOMER-7wwamhm4- :

they are saying .that if the original deeds were not in both my parents names .my mother would not have had the right to sell .unfortunately I am unable to locate the deeds as it is so long ago

Customer:

3. You need to get up the title register, whether from the Land Registry or if unregistered land the Registry of Deeds. This will tell you whether or not your mother had title to sell. If the property was properly registered in your name after the transfer from your mother, then she had title to sell. So there is no substance to their argument. Get a solicitor to look up the title for you and clear the matter up.