Hi i am new to this, but i need some advice concerning an inherited house and lands in sardinia. we have a 1/8 th share of a house in settimo san pietro and afew pieces of land.
Thanks for for the advice. It is a scrittura privata which my father signed in 1974 , when my grandmother was alive. She had the usofrutto of both the lands and the house but the scrittura privata gave the sisters the il diritto d,abitazione unless they married which then meant they lost that right.. My grandmother died in 2001 and my father in 2002. After my fathers death we naturally hired an italian lawyer to see to our affairs. We have all the paperrs from the court and thats when we found out about the improvements made to the house. they were all done during my grandmothers lifetime so surely the resposibility fell upon her. Also in 1974 , lots were drawn and the land was then assigned to eight siblings and the rest was left undivided to the eight. With the consent of all eight siblings the right to live in the house was given to three unmarried sisters and one brother who died in 19992 who left his share to his three sisters. My father also signed a procura generale giving his brother the right to deal with matters on his behalf.. In the court case for the house, the judge ruled in our favour because the they were only given the right to live there and not of full ownership. They were using the uscapione card which did not work and the judge ordered the sisters to assign us the 1/8th we wee entitled to.
Thanks to everyone for the advice given. however i must explain things further so perhaps they can be a better understanding of the situation. When my father died and we filled in the declaration of succession the lands went throudh ok but we discovered that the sisters had taken my fathers name off the deeds. We had already engaged a lawyer and we pursued the matter through the italian courts and the judge looked at all the evidence and ordered the sisters to return the share of the house to us as although they had been given the right to live there, by a scrittura privata ,they had no right to sole ownership of the property. They had all of the court costs to pay since they lost. Since then they offered to buy our share of the house and the undiveded lands that remained. We did get a valuation for the house and the lands but the sisters insist that they are entitled to take the cost of rennovating the house off the maket value off the house. At no time was my father informed or asked for a contribution and in fact we knew nothing of the work till it came to light till after his death. Surely since the sisters lived there whatever they did it was for their own comfort and since they lived there without paying any rent to my father we are entiteled to the full market value. They also had rented and worked the lands over the years and from that received an income which my father did not receive any portion of. Any thoughts on this would be welcome.
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Thanks for for the advice. It is a scrittura privata which my father signed in 1974 , when my grandmother was alive. She had the usofrutto of both the lands and the house but the scrittura privata gave the sisters the il diritto d,abitazione unless they married which then meant they lost that right.. My grandmother died in 2001 and my father in 2002. After my fathers death we naturally hired an italian lawyer to see to our affairs. We have all the paperrs from the court and thats when we found out about the improvements made to the house. they were all done during my grandmothers lifetime so surely the resposibility fell upon her. Also in 1974 , lots were drawn and the land was then assigned to eight siblings and the rest was left undivided to the eight. With the consent of all eight siblings the right to live in the house was given to three unmarried sisters and one brother who died in 19992 who left his share to his three sisters. My father also signed a procura generale giving his brother the right to deal with matters on his behalf.. In the court case for the house, the judge ruled in our favour because the they were only given the right to live there and not of full ownership. They were using the uscapione card which did not work and the judge ordered the sisters to assign us the 1/8th we wee entitled to.
Thanks to everyone for the advice given. however i must explain things further so perhaps they can be a better understanding of the situation. When my father died and we filled in the declaration of succession the lands went throudh ok but we discovered that the sisters had taken my fathers name off the deeds. We had already engaged a lawyer and we pursued the matter through the italian courts and the judge looked at all the evidence and ordered the sisters to return the share of the house to us as although they had been given the right to live there, by a scrittura privata ,they had no right to sole ownership of the property. They had all of the court costs to pay since they lost. Since then they offered to buy our share of the house and the undiveded lands that remained. We did get a valuation for the house and the lands but the sisters insist that they are entitled to take the cost of rennovating the house off the maket value off the house. At no time was my father informed or asked for a contribution and in fact we knew nothing of the work till it came to light till after his death. Surely since the sisters lived there whatever they did it was for their own comfort and since they lived there without paying any rent to my father we are entiteled to the full market value. They also had rented and worked the lands over the years and from that received an income which my father did not receive any portion of. Any thoughts on this would be welcome.