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Nicola-mod
Nicola-mod, Moderator
Category: Law
Satisfied Customers: 21
Experience:  Moderator
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My father& mother in law owned the property in tenancy in common

Customer Question

My father& mother in law owned the property in tenancy in common with my brother in law. The deeds of the property stated in the Title absolute: Proprietor Mrs & Mrs but the 3rd RESTRICTION: Where my brother in law name appear No desposition without his consent. Is that mean when the father & mother in law dies, is my brother in law will automatically inherit the ownership of the property? my husband is the other beneficiary,what his legal right for the property?
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.
Yes, please. I will wait for an answer x
Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
Please note however, that I am unable to give you a definitive answer, and this may be the reason why you have not received an answer earlier.
As only your Parents in law names are ***** ***** Proprietorship Register, this means them, and only them are the legal owners of the property.
A Restriction is registered against a title where a non owner has some financial interest in the property. So, as the Restriction is in favour of your Brother in law, he does have some type of financial interest in the property, but I can't say whether this is for say 50% of the property value or 100% of the property value.
Normally, where there is a Restriction, the legal owners and the other party have entered into some agreement or Deed concerning what should happen as and when the property is sold. Unfortunately, this agreement/Deed does not need to be registered at the Land Registry and there is therefore no way of you knowing what it says, and hence what your brother in law is entitled to.
I can only therefore suggest that if at all possible, your husband just asks his parents what the position is.
This is as much information as I can provide, but hope I have assisted you.
Kind Regards
Al
Expert:  Aston Lawyer replied 2 years ago.
Hi,
Can I assist you any further?
If not, I would be grateful if you could rate my answer.
Thanks
Al
Customer: replied 2 years ago.
Yes, thanks for your reply. My mother in law passed away 9 years ago & my father in law passed away 1st July 2014. The probate gone through which his estate showing a quarter a million. The DWP is now investigating as for overpayment of Pension Credit for the last 11 years. My brother in law instructed his Solicitor to ask my husband to sign the Ascent transfer of property & threatening if refusal to sign they will file to the Court . But my husband wrote back that as per DWP letter stated that strongly advise not to sort out the estate until the outcome of the investigation. Is my husband has a legal right to refused based on DWP? OR can the court agree with my brother in law solicitor ?
Expert:  Aston Lawyer replied 2 years ago.
Hi,
This new question appears to be somewhat different to your original question, and I will therefore need to opt out as it is not my area of expertise.
Al
Expert:  Nicola-mod replied 2 years ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.
Yes, please . I will wait for an answer. Thank you
Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola