Court Rules Brother Who Held Haifa Duplex Since 1994 Can Keep It

A Haifa court has ruled that one brother can retain ownership of a duplex apartment in the city, a property he has held since 1994. The ruling came after his sibling sued, claiming the apartment was stolen from him through a forged signature on a deed transfer dated October 14, 2018. The court acknowledged that the date on the deed was incorrect, as the suing brother was not in Israel on that day. However, the judges, Sari Giuseppi, Ofra Attias, and Nitzan Silman, determined that the signature itself was authentic, dating back to 2009, nine years prior to the deed's stated date.

The dispute originated from a family involved in construction in Haifa. Two apartments, including the duplex, were initially registered to the father and two sons. Following a falling out in 1994, the brothers allegedly agreed that one would take the apartments while the other would receive family businesses. The brother who kept the apartments has been collecting rent ever since.

The court found no evidence of fraud against the suing brother, concluding that any deception, if present, was directed at the Land Registry (Tabu). A handwriting expert confirmed the authenticity of the brother's signature on the deed and other documents. The court also noted that the suing brother had previously failed to declare the apartment as an asset during bankruptcy proceedings, stating it was worthless due to a mortgage, and had initiated numerous unsuccessful legal actions against his sibling.

While the appeal was dismissed and the suing brother ordered to pay 15,000 shekels in expenses, the court suggested he might have a claim against the lawyer who handled the deed for using a nine-year-old signature without updating it. The ruling also noted a potential tax implication regarding the apartment's transfer, which was registered as a gift but may have been part of the separation agreement, and ordered the judgment to be forwarded to the tax authorities.