Posted by
Joeshing
15 yrs ago
This has happened to the village house which my father has two thirds ownership. The remaining third ownersip, originally belong to my late grandmother, was given to her two daughters by way of gift 3 years ago before she died this year. However, the referred name change/ addition to the ownership was made through a solicitor without my father knowledge and without the original deeds which has always been in my father's possession.
I appreciate very much advice on the following questions: -
1. Does the law in Hong Kong allow such name change/ addition without possession of original deeds? If so, what is the use of the original deeds?
2. As my two aunties have now partial ownership, does it mean they have a right to live at the property whenever they desire to without the consent of my father?
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Interesting! I cannot answer your specific question re whether the original deeds need to be produced and noted re any change in ownership. My guess is that should be subject to that sort of requirement, but 'my guess' does not equal the law. Regardless of that issue, though, your late grandmother should have had the right to transfer her share however she wished to...and such a transfer to her two daughters wouldn't seem unreasonable (although perhaps to avoid potential issues arising she could have informed your father and given him the first right to buy out that third part so that your grandmother still had the monetary value to distribute to her daughters). Assuming that your aunts are now legal owners of one third of the property then they would have certain rights, but I wouldn't think that extends to just arriving ont he doorstep and announcing their intention to reside there. For a start they ONLY own one third between them, whereas your father owns two thirds. But they do need to come to some arrangement, even if it is a financial agreement that sees your father paying one third of the fair rental value to them on a regular basis. I think the best option, though, would be for your father to make an offer to buy them out of the arrangement.
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