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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33283
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Madam, Me and my sister bought this one bed house

Customer Question

Dear Sir/Madam,
Me and my sister bought this one bed house in 1992 as a joint tenancy and my sister stayed in this house as hse wanted to move out of the nursing home. I could not move in with my sister as my father passed away and I was looking after my mother. Then in 1997 my sister got married and lived at this house for about 2 years with her husband. then they bought the house in around 2000 and moved out of this house. in the mean time out house was rented out as I could not move there as it was too far for me to move. she had always told me and to her husdband that this house is mine and always will be mine as she has her own house now.Then my sister felt ill and was very ill and she passed way in May 2014. There was no will left by my sister. so as sole survivor of this tenancy I would become the sole propriertorship of this property. But now my brother in law is saying that as he is the adminitor of my sisters assets he says that he owns half of this property now. He is also saying that the tenancy was servered but can not prove that when I know I have not signed any documents to change the tenancy. I have also checked with the land registry and there is no evidence of the change of the tenancy. He is also saying that as my deceased sister was paying the mortgage and I did not make any contribution towards the mortgage I have no rights on it. Also my brother who gave me $10,000 as a gift which I put down as a deposite towards that house he is saying that I did not pay that money but my brother did. I have letter from my brother saying that he did give me this money as a gift so that i could used it as a deposit towards the house.
My question is if I am the sole proprietor/sourvivor of the joint tenancy of this property and he is just an administrator for my sisters assets does he have a right on this property?? Please help me as this is stressing me out so much. I can not sell the property as he keep changing the lock of the house. I did try to get an injunction but we got court order that he can not got to the property until he gives us 48 hrs notice and he can not sell it. in the mean time i have also got the court order that I can not sale this property and get an inusrance while the property is empty. this property has been empty since May 16th 2015. I almost sold this property but the management company took time to provide the information that we needed. I still have the buyer who is interested in this propertyas all the paper work is done and ready to sign. they have mortgage extented too. I have also got the official copy of the register of title that says I am the sole proprietor of this property. Please help what can I do. Your help and support in this matter is much appreciated.
Kind regards
Gita Panchal
Submitted: 10 months ago.
Category: Law
Expert:  Clare replied 10 months ago.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information firstWhat Court applictaion has been made?
Customer: replied 10 months ago.
Hi Clare,Thank you so for your response. can you please use this email (*****@******.***)instead of***@******.*** because i am having some problems with that email.
I applied for the court for the injunction and the date was 21October 2015. I did not get the injunction but the court ordered both the parties to come with the list and then he approved it which was. He can not go to the house unless he gives me 48 hours notice, he can not rent the house out, he had to give me set of keys to the house as he had changed the locks numerous times.
And I can not sell the house and get the house insured as it is left empty since May 16 2015 and also have weekly visit to the house.
Then both parties have given their questionair application in and I am waiting on court to give Case Management Conference lists.
It seems I am not getting anywhere even though this house is mine. My bother in law is interested in the because he used to get the rent from the house as mortgage was already paid before my sister passed away. he is very lazy and don't want to work. he want to keep this house as his income and so far I have never received a penny from it. He has never kept job down for long. as my sister use to help him out as when he wanted it. My sister use to work very hard to keep both the mortgages going and I use to help her and give the money to her so that she can pay the bills.
Hope this helps
Kind regards
Gita Panchal
Expert:  Clare replied 10 months ago.
HI
Has your brother in law made a TOLATA applictaion?
Clare
Customer: replied 10 months ago.
Hi Clare,I don't understand Lata has nothing to do with this case. She is my another sister who is helping me out in this case. If you are saying that if my brother in law has made an application to me? I iniciated this court injunction and he then followed what was requered by the court. hope this make sence to you.
Kind regards
Gita Panchal
Expert:  Clare replied 10 months ago.
HI
A Trusts of Land and Appointment of Trustees Act applictaion (TOLATA) would deal with the issue of who actually owns the property.
Can you confirm the legislation that your applictaion is base don
Clare
Customer: replied 10 months ago.
If you mean as I am the owner of the property am I dealing with this issue. Yes I am (Gita Panchal) is dealing with this issues. My sister only helps me as an when I can not respond to the emails as soon as possible because I am working full time.
Should you need to talk to my sister Lata Panchal her numbr is *********** and she can give you the full details as I have mentioned in my emails. Again many thanks for your help in this matter. I need to know that as my brother in law is and administrator for my deased sisters estate, does he have a right on this property even though I am the sole survivor of this joint tenancy?
Kind regards
Gita Panchal
Expert:  Clare replied 10 months ago.
Hi Gita
I am trying to find out what the court is meant to be deciding - do you have a copy of the application
Clare
Customer: replied 10 months ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 10 months ago.
Sorry Clare I press the button by mistake to call me.
Sorry. I am trying to find the documents that I have which I am trying to copy but it would not let me. as soon a i get it done I will send it to you.
Kind regards
Gita
Customer: replied 10 months ago.
Hi Clare,
I think the judge should grant me the sole propriertorship of this property as I am the sole survivor of this joint tenancy. I have attached the two defence counter claims that has been sent to the judge. Please find attached copies. I also have the official copy of the register of title that states that I am the title sole propriertor of this house. many thanks for your help in this matter.i need to know if my Brother in law has any right on this property as I am the sole owner of this property,#
Kind regards
Gita
Expert:  Clare replied 10 months ago.
Hi
You are clearly well advised and your claim on the property is well set out.
The fact that your brother in law has made so many erroneous claims and statements should help ensure that the Court confirms that you are the owner of the property
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 10 months ago.
Hi Clare,
This is why I don't understand that why the court is not ensuring that I am the sole owner of the property. he has shown no proofs so far and just statements after statements. So does have a right on this property. and do you think the court with confirm that I am the owner of this property?/
many thanks again for your help and support in this matter.
kind regards
Gita Panchal
Customer: replied 10 months ago.
Hi Clare,
Please see attached copy of the original official copy of register of title. this might help.
Kind regards
Gita Panchal
Expert:  Clare replied 10 months ago.
There has not yet been a hearing at which the Court looks at the evidence and makes a decision.Your brother in law is trying to argue that there were agreements that mean the house belongs to the estate - and the court will at least have to consider that.however from what you have said - you would seem to have an excellent chance of success - and the solicitor dealing with your case certainly appears very competent indeed
Customer: replied 10 months ago.
Hi Clare,Thank you so much for your help in this matter. Its just its taking so long and its fustrating.
Kind regards
Lata
Expert:  Clare replied 10 months ago.
Hi Gita
I do understand that it is taking a long time - but I expect the outcome to be the one you want
Clare
Customer: replied 10 months ago.
Hi Clare,
Thank you so much for your shelp in this matter. I just hope that the judge sees they way you se it.
Again many thanks
Kind regards
Gita Panchal
Expert:  Clare replied 10 months ago.
You are most welcome Gita
Clare

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