As of today, the repeal of Article 28 that prevented the transfer of these properties for two years comes into effect
EDITING |
The wording of Article 28 of the Mortgage Law referred to cases of inheritance where the deceased had no children and their home passed to their siblings or other indirect heirs, this article limited their transaction until 24 months had passed. In the hypothetical case that an illegitimate child appeared, a handwritten will was found, or an unknown direct heir reappeared, that heir would have the right to claim.
Until now, the sale of properties in this situation was recorded in the Property Registry, but there was a preventive annotation that it was subject to the clause of Article 28 in case any illegitimate child appeared who claimed it within the two years following the death, after which the property was free and could be sold.
