Cease And Desist Order Between The Heirs
Cease and Desist means that the shareholder in the immovable property subject to shared ownership; in the inheritance partnership subject to joint inheritance, the other heir / shareholder who occupies more than the right of the heirs in the inheritance partnership subject to the joint inheritance means to free the other heir / shareholder from the occupation of the place that he is not entitled to, and to prohibit its use. In order to realize the occupation, the shareholder or heir must notify the other shareholder or heirs of his/her intention to benefit before the ecrimisil process. Although this information does not depend on any form, it will provide convenience in terms of the law of proof if it is made through a notary public by way of a notice.
Sample Cease and Desist Notice
NOTARY
NOTICE
NOTICE GIVER :
AGENT :
NOTIFIED :
ADDRESS :
SUBJECT : It is related to the request for the prohibition of intifada between the heirs.
EXPLANATIONS :
1-) Our client, … Province, …. District, … block … parcel numbered immovable property together with you. The immovable property was inherited to our client on …/ …/ …/ … date from the common heir …….
2-) However, since you inherited the immovable property, you have been using the right of disposition on the immovable property and you have not paid any ecrimisil to our client. There is no consensual division agreement for the immovable property made by all stakeholders until now.
3-) We are obliged to notify you to remove the usufruct right you have used on the above-mentioned immovable property, which our client owns unanimously. We hereby notify you that the immovable cannot be used and that the use of the immovable must be terminated within … days, otherwise we will take legal remedies, and that you will be liable for the legal expenses and attorney’s fees in future lawsuits.
WARNING AGENT
Av
DEAR NOTARY;
We respectfully request that one copy of this notice, which consists of three copies, be kept in your office, one copy be served to the addressee through the officer and a copy of the notice to the addressee be given to us as the attorney of the notifier. …/ …/ …
WARNING AGENT
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