VIC Property overseas and how to manage conflict

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curious12

Member
21 March 2023
2
0
1
Hi,
I am not sure if this is a good place to post my concern but I am desperate for some information on my options. I received an apartment in my name as an inheritance (was in my father's name initially but he passed away) in 2010 in India. It is split between two uncles and myself and thirteen years on, there is no sign of it being sold. It is completely empty and has never been rented out or lived in. Fair to say the condition is pretty basic and constantly needs repairing. Over the years, I have been paying my share of the maintenance fees and repairs, etc needed. Now, 13 years on the building requires major maintenance and repairs and is costing a fortune for myself from here. After mortgage rises (in Aus), bills and inflation, I hardly have enough to suffice for maintenance and fixes for another house that I get nothing in return from. I have attempted not to pay for these in the past but have been constantly told that lawsuits will be looming if I don't pay for my share. Considering I will not get anything back from this and I have paid over $10K over the years, I don't find it any use to continue to pay for it. What are my options and if I stop making payments, can I be sued by the building Association and my family members (in India) who have a share in this apartment?
Note: There is very high friction and anger among the family members so talking this through is not an option. We would not be in contact if it wasn't for the apartment.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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1. Please clarify how, if the apartment is "in your name",
what you mean by "split between two uncles and myself"?
Is it yours in whole, or in part?

2. Start by asking for a full accounting of where all the money has gone so far.
Not summaries, not words - receipts, bills, quotes, payment records, details in writing of any work done.
You get the idea.

3. Ask for full formal quotes and reports before you agree to anything.
Pay the providers directly - don't give money to the rellos.
Remember, you have the hand here. They need your money.

4. Reply to threats of legal action (from whom?) with
"Well, go on then!"

 
Last edited:

curious12

Member
21 March 2023
2
0
1
1. Please clarify how, if the apartment is "in your name",
what you mean by "split between two uncles and myself"?
Is it yours in whole, or in part?

2. Start by asking for a full accounting of where all the money has gone so far.
Not summaries, not words - receipts, bills, quotes, payment records, details in writing of any work done.
You get the idea.

3. Ask for full formal quotes and reports before you agree to anything.
Pay the providers directly - don't give money to the rellos.
Remember, you have the hand here. They need your money.

4. Reply to threats of legal action (from whom?) with
"Well, go on then!"
Thank you for your reply.
1. In the original deed, the apartment was to be shared between my father, his uncle and his brother. With my father passing away, his share was passed into my name (with changes made to the deed legally) and now I have a share in the apartment along with my two uncles.
2. All the money paid over the years towards repairs and maintenance fees (through body corporate) has been recorded with receipts, regular accounts and ledgers sent to me via email.
3. I have been paying the building maintenance fees direct to the body corporate. My uncle sends me invoices/quotes for payments he makes for repairs and bills. There is always some form of record.
4. My concern is if the threat does progress to legal action, how will I be affected being in Australia while the lawsuit is from India. In the past, I have been taunted via email from the Owners Corp Association as well as my uncle about being sued if payments are not made. What will be the legal procedure while living in Australia if this happens?