Torres Legal achieves favorable outcome in real estate dispute

Abril 01, 2024

TTorres Legal obtained an important achievement in a case that dragged on since 2017, involving a property located in San Salvador that was in an inheritance process. , involving a property located in San Salvador that was tied up in an inheritance process. Our partner and head of the Conflict Resolution Department, Rubén Rivas, shared essential details about the case and the challenges they faced in achieving a favorable outcome.

According to Rivas, the case began when it was discovered that, before the issue of succession was even discussed, a deed had been falsified in 2010, allowing the property to change hands without proper authorization. Surprisingly, the property was sold repeatedly, eventually ending up in the hands of minors who were unaware of the problem.

The complexity of the case lay in the need to reconstruct the facts, understand the dynamics of the inheritance, and trace all individuals involved in the acquisition of the property. Additionally, they faced practical obstacles such as locating the defendants, the documents, and dealing with the bureaucracy of the Supreme Court of Justice.

Rivas and his team took the case to court, where they encountered a challenging litigation process. One of the defendants did not appear, leading to the appointment of a guardian. However, despite the difficulties, they managed to gather evidence proving the falsity of the deed.

The turning point came in a preparatory hearing, where they convinced the judge to admit the evidence and demonstrate that the previous owner was not in the country at the time the deed was granted. Furthermore, it was revealed that the property deed had never been registered in the protocol book, casting serious doubts on its authenticity.

At a subsequent hearing, the opposing party did not appear, and the judge ruled in favor of nullifying the fake deed, invalidating all related property transfers. As a result, the property reverted to the rightful heir.

According to Rivas, the key to achieving this favorable outcome was “obtaining the nullity of the property transfers and presenting solid evidence of the falsity of the deed. Additionally, the evidence obtained from the Supreme Court of Justice and the National Directorate of Migration and Immigration strengthened the client’s position.”

The judge’s ruling is final, as the opposing party has exhausted the appeal period, thus securing a significant victory for the client and Torres Legal.

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