We are four co-owners of a property. The fifth died and his inheritance was renounced by the other co-owner brothers and their children and grandchildren. Can we sell the property?
Let’s first say that it would be appropriate to identify the current owner of the share Brother passed away (it seems to be legitimate successioni.e. in the absence of a will).
In fact, when those called toinheritance (in his case these were the four brothers with respect to the deceased brother’s share) renounce the inheritance, the institution of representation (Article 467 et seq. of the Civil Code) on the basis of which his/her successors take over from the renouncer descendants.
In his case, where in turn the descendants of the renouncers (children and grandchildren of the renouncers) have renounced and it does not appear that the increase can be applied (article 522 of the Civil Code), the law (article 677 of the Civil Code) establishes that the portion of the missing heir devolves to the legitimate heirs.
Legitimate heirs are family members up to the sixth degree so it would be appropriate to be certain that there are no relatives up to the sixth degree of his brother because, if instead there were, they would be the ones called to inherit with respect to the quote ownership of the property that belonged to him Brother.
For example: the so-called fourth degree relatives in the collateral line great-grandchildren (i.e. the children of brothers’ children), cousins (children of uncles) and great-uncles (grandparents’ brothers); on the other hand, the children of are relatives in the collateral line of the fifth degree cousins and the cousins of the parents and the children of the children of cousins and the children of cousins of the sixth degree are relatives in the collateral line parents.
If the existence of sixth degree relatives of his brother can be excluded, then according to article 586 of Civil Code the share of ownership of the property is devolved to the State (which becomes owner without the need for acceptance, but after a complex procedure which however presupposes that the deadline for the possible revocation of the consent has passed renunciation by the heirs who had already renounced previously and which involves a bureaucratic process regulated by ministerial decree no. 128 of 22 June 2022).
Finding the current owner of the ownership share of the property that belonged to his brother is important because without the consent of all the co-owners of the property it is practically impossible to sell it.
It is therefore necessary first of all to identify (with the help of a notary would be preferable) the current owner of the share that belonged to his brother.
And once identified, contact him to see if he intends to sell or not (if he does not want to sell, the company will have to be dissolved Communiontaking a case in Court for the judicial division of the property, the outcome of which may be the material division of the property, if possible, or the assignment of it in exclusive ownership to only one of the heirs with adjustments to others etc.)
In the event that the share was instead donated to the State (in the absence of other relatives up to the sixth degree), it would be necessary to proceed further with the bureaucratic process necessary to have the State acquire ownership of the share (which, however, can only happen after the expiry of the term for a possible revocation of the renunciation of the inheritance already made by the so-called renouncers).
I therefore advise you to proceed first identification of the owner of the share that belonged to his brother.
Article taken from the consultancy provided by the lawyer. Angelo Forte
