My mother who was born in Italy but is an Australian citizen has just transferred ownership of her Italian property to her daughter who was born in Australia but obtained dual citizenship. However, the other siblings were left out and wish to have equal share ownership of this Italian family property. How can this be achieved while the mother is still living?
Just found out so no action taken yet.
Dear customer,Thank you for your inquiry.Could you please specify if your mother transferred to her daughter the whole property or if she kept a share for herself?Also is it possible that she just gave her the usufruct without transferring the property?I look forward to hearing from you.Best,Tiziana
My mother owned half share of the property with her brother who is an Italian citizen living in Australia. We believe her title share has been transferred fully to her daughter due to changes in ownership laws for non-citizens.
Dear Louisa,Thank you for clarifying your situation.Italian inheritance law provides that parents should give the same portions of their patrimony to all the children. This rule is effective even during life. This means that donations given just to one child can be annulled if the other children do not get their part of patrimony.As a consequence, unless the property has been sold through a legitimate estate sale, you and the other children have the right to claim your portion of property against the other daughter.You can do this now through an action called "azione di restituzione" (ex articles 563 ss. of the Civil code) or after your mother's death through an action called "azione di riduzione" (ex article 809 of the Civil code).To be able to do this you should contact an Italian lawyer who would best take care of your rights.If you tell me where the estate is located, I can give you a list of Italian lawyers practicing in that area.I hope my answer is helpful. If you are happy with my service, I kindly ask you to rate it positively so that I can be compensated for my time and my service without any extra charge for you with the amount you have already deposited.Otherwise, please feel completely free to ask any follow-up question.A bonus is very much appreciated.Best,Tiziana
Solicitor - Ph.D. Doctor Europaeus in EU law
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