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October 17, 2014
Star Features



 

Property & possession

A dispute over a five-acre property has led to frequent quarrels between two brothers, both claiming ownership of the property.

According to one of the brothers, his father told him many times, the property was his when ever he died, and he should transfer the title into his name.

The other brother is saying his father would have never left the property for that brother, because he had not helped his father to purchase the property. He explained that he was the one who went to Canada and sent money to help his father purchase the property.

"I have no problem sharing the property with my brother, but I just don't like his attitude because he feels that he alone should get the property," he said.

"When I went to live in Canada, I sent money to my father to help him finish pay for the property. I have proof of the receipts for the money I sent regularly to my father. My brother helped my father to farm the land, but he made no financial contribution. My father died last year. Since that time, my brother's attitude changed towards me. My father did not leave a will and so we will have to take steps have the property transferred in our names.

"My father has a three-bedroom house on the land. I told my brother he could take the portion of the land which has the house. I am planning to build a house on the land. My brother will not listen to my suggestions and insists his father had said the property belonged to him.

"He cursed me, most disgracefully, when I came to Jamaica earlier this year and went to look for him. He said I was no longer his brother because I wanted to rob him of the land his father gave him."

"It really hurts to see the way my brother, who I used to help, is treating me. We are the only two children our parents had and we used to be so close.I used to hear people saying that 'dead lef' property can cause enemies, but I did not believe it could happen to me and my brother," he said.

"As far as I know, the land is big enough for both of us to share it. I even suggested to him that I would fence off my half of the property, get a title for it and help him to get a title for his portion, but he will not listen to me. Sometimes when I call him to see how he is doing, all he does is curse me.

"My wife has encouraged me to take legal steps to have the property divided because I have fathered four children and my brother is the father of five children."

Your father died intestate, without making a will. You and your brother are the beneficiaries to the estate. In order to get your share in the property, you will have to consult an attorney-at-law, or the Adminstrator General's Department, to assist in getting your entitlement to your father's estate.

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