Property Dispute - Seeking Legal Advice Property Dispute - Seeking Legal Advice

9 months ago

Subject: Seeking Legal Advice Regarding Property Dispute

DearI hope this message finds you well. I am writing to seek your professional advice and assistance concerning a complex property matter that my family and I find ourselves entangled in.

The situation arose after the passing of my mother, and as her four children, my three sisters, and I decided to divide her property amongst ourselves. Due to my mentally challenged brother, we proceeded with the division, and the process took place with everyone's presence, where all parties mutually agreed on the arrangement. My eldest sister, who is also mentally challenged, sold the house to an individual, as per our decision during the division. However, it has come to our attention that her husband seemingly pressured her into this decision.

Now, after a period of 1-2 years, the buyer of the house is causing trouble for my family by encroaching upon my side of the property. He claims that his area is less than agreed upon during the division and asserts that the division was carried out incorrectly. To make matters worse, he is preventing us from selling our share of the property and is attempting to coerce us into selling it to him at a significantly lower rate. This has resulted in immense mental anguish and distress for my family as he continues to torment us.

In light of this situation, we are seeking your expert legal advice on the best course of action to protect our rights and interests. Our main concerns are as follows:

1. Validity of the property division: We need to determine if the initial division of the property was legally sound and properly documented, ensuring that all parties' rights were duly considered.

2. Buyer's encroachment: We require guidance on how to address the buyer's encroachment onto our property and how to legally compel him to cease his actions.

3. Forced selling and coercion: We need to understand our rights in the face of the buyer's attempts to force us into selling our share of the property at a lower price against our will.

4. Remedies and litigation: If necessary, we would like to explore possible legal actions we can take against the buyer for his harassment and disturbance of our family's peace. Given the complexity of this matter and the sensitive nature of our family's circumstances, we are hopeful that your expertise and experience can provide us with valuable insights and legal solutions.

Anik

Responded 9 months ago

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A.Dear client,

Property Division Agreement: Review the documentation related to the initial division of the property among your siblings. If the division was properly documented and agreed upon by all parties, it can serve as evidence of the agreed-upon arrangement.

Survey and Boundary Dispute: Consider hiring a professional surveyor to determine the accurate boundaries of the property. If the buyer is encroaching on your share of the property, a survey can help establish the correct boundary lines. If there is a boundary dispute, you may need to engage in discussions with the buyer, backed by the survey report.

Coercion and Forced Selling: If you believe that the buyer is coercing your family members into selling their shares at an unfair price, consult with a lawyer to understand your rights and options. Coercion and manipulation may be illegal, and your lawyer can advise you on how to protect your interests.

Mediation and Negotiation: If possible, consider engaging in mediation or negotiation to resolve the dispute amicably. This approach can be less adversarial and may help find a mutually agreeable solution.

Legal Remedies: If all attempts at resolution fail, your lawyer can advise you on potential legal actions to protect your rights and interests. This may include seeking court intervention to enforce the initial division agreement, stop the encroachment, or address any coercion or harassment.

Family Support: Given the sensitive nature of the situation and the involvement of family members with mental challenges, it may be essential to seek support from relevant organizations or professionals who can help advocate for the well-being and rights of your vulnerable family members.

Preservation of Evidence: Ensure that you maintain all relevant documents, communication, and evidence related to the property division and the current dispute. These records can be valuable in any legal proceedings.
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