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How to make a legal document acknowledging the rightful owner of land title

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melandie


Arresto Menor
Hi, I hope someone could help me.  My grandmother (father side) have 2 lots in QC to be inherited by 4 children.  She assigned 2 sibling per lot.  My father is the youngest and was supposedly assigned to the ancestral home but her eldest sister was the one who lived there ever since and had her family lived there already. So, verbally my father swapped his part to the lot supposedly assigned to my aunt.  When my Lola died, they where able to transfer the two titles but none was named after my father.  The ancestral house and the other lot was both named under my aunt's name.  It was fine at first and we never want to involve ourselves.  But now that my father passed away this June 2016 and no legal documents has been signed.  My aunt is also in her late years so we (my dad children) are worried that the right and entitlement of my father to the lot will have a problem.  We still have no money for the transfer and we are thinking of making a legal document to be signed by my aunt affirming that she and her family has no right over the lot and we (heirs) of my dad are the rightful owner of the lot.

Any suggestion if such document will be a strong hold in case things go bad and can anyone help in drafting the said document?  Should it be notarized as well?  Thanks much in advance....



Last edited by melandie on Tue Oct 18, 2016 11:46 am; edited 1 time in total (Reason for editing : deleted redundant words)

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payoneer


Arresto Menor
melandie wrote:Hi, I hope someone could help me.  My grandmother (father side) have 2 lots in QC to be inherited by 4 children.  She assigned 2 sibling per lot.  My father is the youngest and was supposedly assigned to the ancestral home but her eldest sister was the one who lived there ever since and had her family lived there already. So, verbally my father swapped his part to the lot supposedly assigned to my aunt.  When my Lola died, they where able to transfer the two titles but none was named after my father.  The ancestral house and the other lot was both named under my aunt's name.  It was fine at first and we never want to involve ourselves.  But now that my father passed away this June 2016 and no legal documents has been signed.  My aunt is also in her late years so we (my dad children) are worried that the right and entitlement of my father to the lot will have a problem.  We still have no money for the transfer and we are thinking of making a legal document to be signed by my aunt affirming that she and her family has no right over the lot and we (heirs) of my dad are the rightful owner of the lot.

Any suggestion if such document will be a strong hold in case things go bad and can anyone help in drafting the said document?  Should it be notarized as well?  Thanks much in advance....


Two documents come to mind:

1. Deed of Sale in so far as your Dad's portion is concerned;
2. Deed of Donation in so far as your Dad's portion is concerned

Whichever you choose, you'd be incurring taxes. Notarization is also necessary. These two documents would work, assuming if (that is with a BIG IF) your aunt would agree, much less sign either document. You dad should have claimed his share from the very start my friend. You could have avoided all this trouble of securing your rights over these properties.

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