Heritage is an extremely valuable asset, as it provides protection and security to thousands of people. But when the matriarch or patriarch of the family dies, it can become a huge headache, causing several disputes and legal battles. That’s because not all HEIRS have the same interest. For example, some want to sell a property, while others prefer to keep their parents’ property. But when this conflict arises, what should be done?
According to the coordinator of the Law course of Cruzeiro do Sul University, Prof. Me. Wellington Ferreira de Amorim, when death occurs, the assets of the inheritance are considered indivisible, until the division is made as a result of an inventory, which can be judicial or extrajudicial. “If there is an interest in selling a part, one wants to sell his part and the other does not, the one who intends to sell has the obligation to first offer it to the other co-heirs (brothers, nephews), with a fine. ineffective sales to third parties. To avoid problems, the ideal is to make the offer to others in writing. It is difficult to sell a share (part of the seller’s right) of a property in practice, but it is legally possible.“, he explains.
The specialist clarifies that if one of the heirs refuses to sell, a judicial meeting of an action of extinguishing co-ownership (common function between people) can be carried out, in which the judicial power decrees the termination of the property and the judicial alienation. (sale) by auction.
“For the conduct of the auction, the judge appoints an expert to assess the property. It is a situation that can bring harm to all the heirs, since the dynamics of (square) auctions are as follows: The judge sets two dates in the square (the name of the court auction of real estate). In the first square, the minimum value for sale is that of the assessment made by the Court Expert, updated up to the date of the square. Secondly, the Code of Civil Procedure authorizes the goods to be sold for a value greater than 50% of the appraisal value. If the auction takes place in the second place, it will certainly be for a lower value than the estimate, which can cause headaches for all the heirs.“, explains the teacher.
Apart from the fact that one of the brothers does not agree with the sale, there is another factor that can prevent the realization. “What can prevent it is the fact that there is no inheritance, so we can only say that there is a good after determining the obligations of the deceased, which is when the analysis of all the debits and credits of the person who died takes. place, in general; Remaining a positive balance, this balance will be inherited“, he comments.
The coordinator of the Law course of Cruzeiro do Sul University adds: what happens is that many people do not make the inventory because of the debts, for fear of losing the property, since the value of the debts of the deceased is greater than the value of the assets of remaining. “It is important to remember that creditors have the legitimacy to request the opening of the probate process, otherwise the sale will be complicated in the future..”
Can siblings who invest or build on their parents’ land get a bigger share of the sale?
If one of the heirs makes the renovation of the property in good faith, i.e. improvements for the purpose of improvement, he has the right to compensation for the mergers made, in accordance with the rules of the Civil Code. They can be useful, such as facilitating the use of goods, necessary, such as conservation, and voluptuous, considered luxuries. “It is not a question of earning more, but of compensating the amount spent on the property or land“, he explains.
But in the case of construction on the mother’s or father’s land, the name given is accession, not to be confused with improvement, which is the improvement of an existing construction. “If one of the heirs builds on the property and exercises exclusive possession, i.e. does not allow others to live in the same property, the others have the right of realization, which derives from the property and ensures the owners enjoy the thing. , so, , take advantage of it, for example, rent”, says Wellington.
The specialist says that by preventing the exercise of possession against others, compensation corresponding to the infringement of the right of realization can be requested. “The rental value of the property is calculated and divided by the number of heirs, who will be able to pay their share from the one who exercises exclusive possession.“.
In the end, the professor emphasizes that the agreement is always the best way for the heirs. “As much as there is some animosity between the heirs, it is always good to remember the old saying: a bad deal is always better than a good fight. As we have seen, if there is an action to extinguish the co-ownership resulting in a judicial sale of the assets, the sale can take place up to 50% of the value, which will cause damages to all.“, Ends.
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