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Property Rights

Property Rights

Agricultural

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Can a grandchild of farm owners on a moshav be nominated as their “continuing son” ?

Property Rights Other Real Estate

Yes. The Co-operative Organization (Companies) Regulations of 1973 state specifically that a grandchild of an owner can qualify as a “continuing son” on a moshav.

Can a son who is adopted by farm owners who have their own biological children be nominated as their “continuing son” ?

Property Rights

Yes. The Co-operative Organization (Companies) Regulations of 1973 state specifically that an adopted child can qualify as a “continuing son” on a moshav.

Farm owners on our village (moshav) have the right to buy a plot of land for a member of their family – parent or child- and build a house on it . We would like to buy a plot for our child so he can have a home near us when he grows up. He is at primary school now. Can we still register it in a child’s name and are there any problems with this ?

Property Rights

It is possible to register real estate in a minor’s name. However, if the parents decide that they wish to sell the property before the child in whose name it is registered reaches the age of 18 the deal will have to receive court authorisation. The sale of real estate, its transfer and change in ownership registration are some of the deeds for which, according to the Legal Capacity & Guardianship Act of 1962 , parents cannot represent their minor children without prior court permission and supervision.

If one of the children is nominated as the farm’s continuing son does that mean that the property is excluded from the estate and is his solely ?

Property Rights

No! Even if there is a declaration by court that one of the deceased’s children is to be the ‘continuing son’ this does not mean that the others should lose out financially. The farm is to be included as part of the estate and he must pay the other heirs compensation according to the real value of the property.

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