Land Dispute over sale of family state land by father
Based on receipts her name was on it as buying the property. During her sickness and in the process of getting a land title, she has verbally communicated to her sister and my wife that this land will be mine and my 3 sisters
After her death in 2023, my father has progressed in getting the title under his name and sold it without me and my sisters knowledge or approval.
Do we has her children have grounds to stop this sale?
คำตอบจากทนายความ
Ascendance International Consulting (A-I-C)
Thank you for your inquiry. Based on the information provided, there may be legal grounds for you and your sisters to challenge the sale. Although the land was later transferred into your father’s name, your late mother appears to have been the original purchaser, and her intention for the land to benefit you and your sisters is relevant. Under PNG law, property acquired during marriage and property held by a deceased person may form part of the deceased estate, particularly where there is evidence of beneficial ownership or intention, even if a formal title was not completed before death.
If your mother did not leave a written will, her estate should be dealt with under the rules of intestacy, and her children would generally have an interest in her property. A unilateral transfer of the land into your father’s name and its subsequent sale, without the knowledge or consent of the children, may be open to legal challenge, especially if the estate was never properly administered. You may be able to seek legal remedies such as an injunction to stop or reverse the sale, or a claim for your beneficial interest. A detailed review of the receipts, land records, and any succession documents would be necessary to properly advise on next steps.
Sincerely,
Ascendance International Consulting
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