House in agreement with reducing litigation period over inherited property

Heirs caught in a dispute over the selling of inherited property will have to reach a decision in three years, or the majority wins

An amendment to the Civil Code that will allow the facilitation of the sale of co-owned property has been approved through its second reading in parliament.

Proposed in the Budget for 2016, the amendment will allow the drop of the litigation period of heirs caught in a dispute over the selling of inherited property from 10 to three years.

This means that, if 51% of the heirs are in agreement, the property can be sold after three years.

Justice Minister Owen Bonnici said such “a courageous” decision would alleviate the pressure created by property demand.

“One has to be truly courageous to tell heirs that, if they fail to agree on an inherited property in three years, the majority’s decision will win and the property will be sold,” the minister said.

“Malta is small and it’s unjust that people want to buy new houses while thousands remain vacant.”

Citing Valletta as an example, Bonnici said there were countless abandoned properties.

Shadow justice minister Jason Azzopardi said the opposition supported the amendment but warned that this was no measure to fully address the over 40,000 vacant properties on the island.

On the contrary, Azzopardi added, it might create further problems amongst heirs.

Many of the vacant properties on the island are a result of fighting heirs who fail to reach an agreement over the sale of an inherited property.

Azzopardi went on to suggest that both sides of the House should meet with civil rights experts and discuss ways to address problems created amongst successors by last wills and testaments.