Property deeds transfered into my partners name

[bevans5803]

Thanks for your response. You guys are great. Let me throw this at you. My grandfather transfered the property previously mentioned into my partners name for a low rent in return. My Aunt is protesting about the arrangement as  mentioned but i just remembered something. My grandfather had savings in 1998 of around �8500 but also claimed benefits for help with council tax and also claimed from social security for help towards interest payments on the mortgage that was previously in his name. I  wondered if Social (DSS) would persue a potentially fraudulant claim against an 82 year old which happened around 7 years ago. Just need to throw a few spanners in the works of my Aunts claim. Devious i know but i have a rather large grevence with my grandfather about something that happened to my my Mother when she was a child. I will bring this other matter up later with a different question. Nicola.

[Didwot]

How would such a matter throw a spanner in your Aunt's claim? Her allegation that the transaction was unfair on your grandfather is just as valid (or invalid) whether or not he was claiming benefits to which he was not entitled.

[bevans5803]

I just want them to have something else to think about. You may recall that my Aunt stated my grandfather was of limited intelligence and that he did not know what he was doing when he transfered the property into my partners name. If he was clever enough to open a bank account, collect svaings and decieve the various benefit agencies he could'nt possibly have been of limited intelligence. Nicola

[Didwot]

Or he was so confued that he claimed benefits he was not entitled to not releasing that he should not. Just being Devil's advocate. Keep smiling.

[bevans5803]

I was also thinking (danger), my grandfather employed solicitiors to do this transfer. I have a copy of the solicitors receipt.   If my Aunt does claim that my grandfather was of limited intelligence and he did not know what he was doing at the time of the transfer, she should be making a claim aginst the solicitors who represented my granfather. They gave him bad advise?She has also overlooked the fact that he did not give up the property for nothing, my partner took on the mortgage debt of �12500. My partner paid for the property!. Nicola

[Didwot]

Here is the dilemna. If your father was incapable of making rational decisions, then the transfer is invalid, and youir aunt has no need to complian about the solicitors (irrespective of whether or not there is a cliam to be made as a matter of law). If he was OK then the transfer is valid, so the soilictors are in the clear either way.

[bevans5803]

Before retirement my grandfather worked most of his life, brought up five children, until recently managed his own affairs without the help of social services or his family, catches the bus to go shopping and regularly walks to his local public house. He also visits his local news agents where he purchases newspapers to read.  I wrote to social services in 1993 and asked them to visit my grandfather. They reported he turned down their offer of assistance and that he appeared capable of managing his own affairs. How will my Aunt prove that at the time of the transfer in 1998, he was incapable of making rational decisions, and where are they going with their statment that he is of limited intelligence. Nicola

[Didwot]

I don't think she has got a prayer. Stop worrying, and have a good life.

[bevans5803]

Didwot i pressed the wrong rating button. Please forgive me i meant to press the 3 star button. Dont sue me!. By the way, you are right, i should get on with my life. I have had a difficult time with my family the last 18 months. I just cant believe how low people including family can go to cause trouble. You have helped me with a lot of questions for which i am very greatful. No doubt i will have a few more for you.

Nicola

[Didwot]

It is so true that you can choose your friends, but you can not choose your family. Have fun.

[bevans5803]

Back again. Just heard from my solicitor that my Aunt is going to make an application to set aside the transfer which took place in 1998 on the grounds of undue influence and unconscionability. She has demanded the the property is transfered back to my grandfarther within 28 days or she will commence proceedings. She does not seem aware that my partner has paid of the mortgage and carried out improvments to the property over the last 7 years so the property now owes him in the region of �28000. Has she gone mad or does she honestly believe she has a chance. Nicola

[jaycee401]

Hi Bevans not sure if you will get this post or not. I have just read your question and I am going thru a similar thing at the moment, but mine is an ex wanting to set aside the transfer he did 2 yrs ago. I am just wondering what the out come of yours was.

Jay