When does possession become ownership

nicknoodle | 09:35 Thu 26th Feb 2009 | Law

7 Answers

My grandmother gifted my mother an antique approximately 30 years ago. We are not sure of the value (if it has any) which we are looking into. My mother's sister is now saying she she have item as it was originally from her uncle and not my mothers (they have different father). My grandmother died 10 years ago and wanted my mother to have this hence it has been sitting in my mother's house for 30 years. My aunt has also suggested her son should have it as he is the oldest grandchild and is quite passionate about owning it... despite never seeing it! My mother has suggested that if it is worth anything she will split the money with her sister to keep the peace. But the sister is now getting nasty. Does she have any claim at all?

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beso

Personally I would tell your aunt and her grasping son to go and f@ck themselves. Splitting the money won't keep the peace.

I suspect that it is a bit late for them to contest ownership.

sandmaster

They say possession is nine tenths of the law. Your mother has 'owned' the piece for 30 years - I think that should be the end of the matter.

nicknoodle

Question Author

Mmm personally so would I, but mum is strangely sentimental about her one sister. I actually think it is worthless but I grew up with it my house and I am loath to let my mum just give it to her. I wanted to speak to the sister myself and tell her to stop upsetting my mother but wanted to be able to throw a bit of legal jargon and say she has no right to it at all as it my mothers and has been for 30 years. Funnily enough the reason my nan gave it to my mum is because the sister kept stealing from her...

LoftyLottie2

It was a gift from your grandmother who to your mother and, as such, belongs to your mother. It doesn't matter who it belonged to before your grandmother - it was hers to give. There is no question about it.

Some people are so grabbing and nasty.