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Your Questions Answered

Our team answers your questions abour Greek legal matters.

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. Davari Tripidakis Law Group in the U.S. can properly advise you. Their 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 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 mine?

A: Among other options, you may have the right to claim compensation of usage of the property due to the fact that your brother denies you 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 20years 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. Davari-Tripidakis Law Group in the U.S. 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 Authorities, 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. We 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 own a property with a house in it in Sparta. 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 our many years of experience, we 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 jeopardized.

Q: I have land in Greece 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:

  1. The Deed to the property and its certificate of registration from the Land Registry;
  2. a recent topographic diagram with the GPS system,
  3. Passport copy;
  4. Official document depicting the Greek tax registration number of the property/right owner; and
  5. 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.

Now, if the time limit has expired, there could be other remedies to rectify this
(administrative or court procedure, etc)

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 at our offices.

Q: My late father had real estate property in Greece, but I am not sure what exactly he owned. How can I find out what real estate I may have inherited? Can I also know its value?

A: We will promptly perform a thorough title search before the competent Land Registry (wherever that might be in Greece) and send you a full report on our findings usually within one week. Should you wish so, we may also perform an on-site visit at the property; find out its actual status and send you pictures. Finally, upon your relevant request, we can always locate a local appraiser/realtor and have it evaluated. In doing so, we let our clients know at an early stage whether their Estate matter in Greece is indeed worth pursuing.

Q: I found a property on the island of Crete that I would like to buy. Can you assist me? Where do I start?

A: As Greek lawyers, we have handled thousands of purchases and sales of Real Estate in Greece for U.S. and U.K. citizens, Greeks abroad, Greek Americans, Greek Australians and other Greek or non-Greek people from practically every English-speaking community throughout the world, without the individuals having to travel to Greece. This includes title investigations, procuring all necessary documentation required by Greek Real Estate law, representations before Land Registries, Municipalities, Tax Authorities and Estate Courts in Greece; drafting the Conveyance Deed and executing it before a Notary Public.

 

Q: i have property in greece that needs to be managed, developed, rented or tenants that need to be evicted in greece. I am also constructing commercial or summer property in greece. What do i do?

A: Our Law Offices manages hundreds of real estate properties and construction projects in Greece for clients whether they are Greeks abroad or foreign citizens. We provide instant action and response and updates on any such matters. We, as specialized Greek lawyers, can handle Court representation and litigate against the tenants as appropriate (if they are in breach of any agreement, should the lease be terminated and they still remain in the property); we can also secure our clients by preparing and placing into effect leasing agreements which best represent our clients’ interests.

 

GREEK TERMINOLOGY

Αποδοχή Κληρονομιάς (apodohi klironomias): Acceptance of Inheritance
Κληρονομιάς (klironomias): Inheritance
Συμβολαιογράφος (simvoleografos): Greek notary public
Υποθηκοφυλακείο (Ypothikofylakeio): Land Registry
Κτηματολόγιο (ktimatologio): Land Registry Bureau
Συμβόλαια ιδιοκτησίας (simvolea idioktisias): property aquisition agreement
Τίτλος ιδιοκτησίας (titlos idioktisias): Deed
Πιστοποιητικό πλησιέστερων συγγενών (pistopiitiko plisiesteron sigenon): certificate of closest relatives
Φόρος κληρονομίας (foros klironomias): inheritance tax
Φόρος ακίνητης περιουσίας (foros akinitis periousias): property taxes
Πιστοποιητικό ΕΝΦΙΑ (pistopoiitiko ENFIA): property tax clearance certificate
Γονική Παροχή (Goniki Parohi): Greek parental gifts
Νόμιμη μοίρα (nomimi moira): “forced share” inheritance right by law
Διαθήκη (diathiki): Will
Χρησικτησία (chrisiktisia): adverse possession

Ελληνική υπηκοότητα (elliniki ipikootita): Greek citizenship
Ομογενής (omogenis): person of Greek background
Πολιτογράφηση ομογενούς (politographisi omogenous): naturalization of person of Greek background
Δήμος (dimos): municipality
Πιστοποιητικό (pistopoiitiko): certificate
Οικογενειακή κατάσταση (ikogeniaki katastasi): registration with a Greek municipality
Ληξιαρχική πράξη (lixiarxiki praxi): registrar act
Γέννηση (genisi): birth
Γάμος (gamos): marriage
Διαζύγιο (dizigio): divorce
Θάνατος (thanatos): death
Αναγνώριση τέκνου(anagnorisis teknou): acknowledgment of paternity
Υιοθεσία (iothesia): adoption
Δήλωση (dilosi): declaration

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USA: 720 Howe Avenue, Suite 110, Sacramento, 95826
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