Q: Can you transfer possession rights of a home on untitled property upon your death?
We were in middle of a contractual purchase agreement when seller died. Sellers family was not aware of the agreement, and believe they have the right to inherent the property and home. Do the descendants have any legal right to the untitled property? Do they have right of possession of the home on the property?
A:
When dealing with untitled property in Puerto Rico, transferring possession rights can become complicated, especially when the original owner dies. If there was a valid purchase agreement in place before the seller passed away, this agreement may still be enforceable, but it would depend on the specific terms of the contract and local laws. You may need to establish proof of this agreement and show that both parties had agreed to its terms before the seller's death.
The seller's descendants may believe they have inherited rights to the property, but these rights could be challenged if there is evidence of a legitimate sale in progress. In Puerto Rico, inheritance laws apply to both titled and untitled properties, but the process can differ depending on whether there was a will or not, and if the property was properly documented. The key factor here is whether the seller had the legal ability to sell the property in the first place and whether all legal procedures were followed.
You might need to explore whether the home itself is considered part of the untitled property or if it's treated separately under local regulations. Possession rights to the home could be disputed if it was included in the agreement to purchase the property. It's important to gather all relevant documentation, such as the purchase agreement, proof of payments, and any correspondence with the seller, to support your case.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.