court (freepik photo)
A lawsuit between brothers against the background of the sale of the parents’ farm in Moshav, ended in the plaintiff’s loss after the family court in Kiryat Shmona ruled that he had no property rights in the property.
The website “Paskadin” published that the plaintiff lived abroad and returned to Israel after many years. He discovered that the farm that belonged to his parents was sold by his brother, and he demanded 500 thousand shekels from him, part of which he claimed was an inheritance.
The defendant brother purchased the rights to the farm in 1985, and sold it in 2011. In 1992, while he was in divorce proceedings, the defendant made a will in which he bequeathed the farm to his parents, stating that “the farm was purchased with their money and belongs to them only.”
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In 2003, the defendant signed a gift affidavit in support of the request to transfer the rights in the farm to his parents. The father passed away in 2006 and five years later the defendant sold the farm and purchased a plot of land for his mother in her name. The mother passed away in 2020.
According to the plaintiff, the farm that belonged to his parents was sold without his knowledge and without receiving his share. According to him, they took advantage of his residence abroad to expropriate his rights. The plaintiff claimed that the farm was registered in the defendant’s name due to the relatively advanced age of the parents, and the fear that the moshav committee would not agree to admit them to the moshav.
On the other hand, the defendant claimed that the farm was purchased mainly with his money and his parents had no rights to the property. Judge Ran Arnon dismissed the claim and ruled that the parents helped the son in purchasing the farm and did not purchase it for them, and in any case even if the defendant purchased the farm in trust for his parents, that the trust never arose towards the plaintiff. It was determined that the plaintiff had no rights in the farm and does not deserve compensation for its sale. The plaintiff was billed for an attorney’s fee of NIS 30,000 and expenses in the amount of NIS 3,000.
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