Q:
My grandmother has passed away recently and she has left by will her house in Greece to my cousin and me.
What should I do to bring Title under our name?
A: You need to proceed with the "acceptance of inheritance" (apodohi klironomias) of your real estate in Greece and the registration of the deed with the competent Land Registry (Ypothikofilakeion) and/or the Land Registry Cadastral (Ktimatologio) in order to bring the Title under your name. This includes probating the Will before the competent Courts, procuring certificates of closest relatives, filing inheritance tax statements, taking care of all tax obligations and payment of land tax, drafting and executing the Acceptance Deed and registering same, etc. John Tripidakis in Australia can properly advise you. His Associates in Greece, through their huge experience in Estate law matters in Greece, can represent you before all competent authorities in order to procure all the necessary documents and of course, can efficiently assist you in every step of this procedure, so as to bring the Title of your Greek real estate property under your name.
Q:
My parents, who have passed away 6 years ago, have left me and my two older brothers an apartment in Athens.
My oldest brother, who actually lives in the apartment with his wife and his two children, gives me nothing
all these years and he denies even my access to the property. What can I do to take whatever it's mine?
A: Among others, you may have the right to claim compensation of usage of the property due to the fact that your brother denies the access to a property that partly belongs to you. You also may have the right to proceed with a partition lawsuit.
Q:
I want to convey to my children a part of my property in Greece. Can I proceed with that through a parental
gift, while they are 15 and 17 years old today?
A: Yes, you can proceed through a "parental gift" to your children, even though they have not reached the age of 18. The parents, on behalf of their under age children, can execute the relevant Notarial Deed.
Q:
Is it possible that I convey my house in Peloponnesos to my 20 years old grandson, without the interfering
of my children?
A: Yes. You can proceed through a gift deed for the conveyance of your real estate property in Greece. According to Greek real estate law, the execution of a Notarial Deed is required as well as its registration with the archives of the competent Land Registry and/ or Land Registry Cadastral of the property's location.
Q:
My dad, who has passed away, had been born in Greece from Greek parents and had a Greek Passport. Can I get
Greek passport too? Do I really need it?
A: Yes, you can obtain a Greek passport under the condition that you acquire the Greek citizenship first. Generally, in order for a person to have his/her nationality recognised, he/she must prove uninterrupted sequence of Greek origin. I can advise you on the entire procedure for the recognition of your Greek Nationality before the Greek Authorities which includes various steps such as the issuance of a Decision by the competent Administrative Authority in Greece, the registration of your birth certificate with the Athens Special Registry, the registration with a Greek Municipality, etc. With a Greek passport you may travel, live and work not only to Greece, but also to all member States of the European Union.
Q:
I have missed the first recent deadline to register my property to the Greek Ktimatologio. What can I do? Do I
risk losing it?
A: If the procedure of registration to the Greek Ktimatologio has not been officially terminated by the final suspension, you may still be able to claim ownership. Taking into consideration that you are behind schedule, maybe you can file the statement for the registration of your property before the competent Land Registry Cadastral, or other remedies. Potentially, you will have to pay a fine, for this delay. I can advise you on the relevant procedures and documentation required.
Q:
Three years ago I had given to my sister-in-law a general Power of Attorney, so that she would sell my property
in Kalamata, deposit the money to my bank account and send me every month a certain amount of money. I wish I
could cancel the POA today, but I have been told that I can't. Is that right?
A: No. Should you wish so, you may revoke this Power of Attorney at any time. I can advise you on all relevant actions, from the Revocation Document that revokes the powers given to the grantee, up to serving on the grantee its revocation, according to the provisions of Greek Law.
Q:
I need to do a Power of Attorney to my daughter who is leaving to Greece with her family for holidays in a couple
of days. I need this POA to be settled within a week. Is there any chance that you can help me?
A: I will be happy to assist, even on a short notice. I am very familiar with drafting a Power of Attorney, including the proper range of orders, varying upon each individual case's particulars and needs.
Q:
I own a property with a house in it in Rhodes. My mother had left me the property after she had passed away. The
last seven years I have given permission to my cousin and his family to use my property and stay in the house for
a period of two months approximately every year. Do I risk losing it one day? How can I be sure that my cousin
won't do anything to take my own property?
A: Had your permission be given orally, you must be cautious with relatives, residing in and making use of your real estate property in Greece. With my many years of experience, I can advise you how to preserve your ownership rights and avoid any possible adverse possession claims, by executing the proper agreement, so that it is beyond doubt that your cousin and its family have only the right of "free use" of the property and that your ownership rights are not jeopardised.
Q:
I have land in Kythera and learned that I should declare it to the "Ktimatologio". What should I do?
A: The registration starts with the submission of property statements to the Greek Cadastral Survey Offices (grafeio Ktimatografisis). Every person who is a Greek real estate property owner, or has relevant rights on real estate property in Greece, is obliged to declare such property/rights at the relevant Cadastral Survey Offices. Such documents usually include:
- The Deed to the property and its certificate of registration from the Land Registry;
- a recent topographic diagram with the GPS system,
- Passport copy;
- Official document depicting the Greek tax registration number of the property/right owner; and
- Receipt of payment of the Ktimatologio fees (approx 35 Euros per each property right), must be submitted before the relevant Ktimatologio authorities.
Until the Greek Government's further notice of the date when this submission begins, owners of real Estate in Greece should consider to take care of any delayed or pending legal actions regarding their property rights, so that they don't face complications and delays during the submission period which, following its commencement announcement expires usually in 6 – 9 months.
Where the acquisition of property rights derives from an Inheritance of real estate in Greece, the right holders are advised to proceed first with the Inheritance Acceptance, according to which they "accept" the Greek Inheritance (bequeathed to them either by Will or Intestate [no Will] succession). This Acceptance should afterwards be registered at the relevant Greek Land registry (Ypothikofulakeio) of the area where the property is located. This way, the heirs become legally the property owners/right holders and acquire the Title Deed in Greece (the title "passes" to their name), which proves such ownership.
Of course each case is different and proper legal advice should be promptly sought in advance from qualified and specialised lawyers.
The entire transaction and registration of ownership rights at the relevant Ktimatologio authorities, as well as the Inheritance Acceptance procedure, can be effected through a Special (Limited) Power of Attorney, by qualified and experienced Greek lawyers.
April 2020
