Court Rules Brother Who Held Haifa Duplex for 27 Years Can Keep It
Translated & summarized from N12 by baba
An Israeli court has ruled that a brother who has possessed a duplex apartment in Haifa for 27 years can keep it, rejecting his sibling's appeal. The court found the signature on the sales agreement to be authentic, though dated incorrectly, and noted the plaintiff had previously failed to declare the property during bankruptcy proceedings. The ruling upholds a prior decision and orders the plaintiff to pay legal costs.
The story in 5 lines · by baba
- A brother who held a Haifa duplex for 27 years won his appeal, retaining ownership.
- The court ruled the signature on the sales agreement was authentic, despite an incorrect date.
- The plaintiff brother had previously failed to declare the duplex during bankruptcy proceedings.
- The judges noted a serious error by the lawyer in dating the sales agreement.
- The ruling orders the plaintiff brother to pay 15,000 shekels in legal expenses.
An Israeli court has ruled in favor of a brother who has held a duplex apartment in Haifa for 27 years, rejecting an appeal by his sibling who claimed his half of the property was stolen through a forged signature. The District Court in Haifa upheld a previous Family Court decision, confirming the brother who possessed the apartment since 1994 could retain it.
The dispute centered on a sales agreement. The plaintiff brother claimed he signed over his share in October 2018, but evidence showed he was not in the country that day. The judges agreed the date on the document was incorrect but determined the signature was authentic, ruling that the brother had actually signed nine years earlier, in 2009, while in prison.
The court found that while the date discrepancy was a serious error by the lawyer handling the registration, it did not prove fraud against the plaintiff. The judges noted that a handwriting expert confirmed the signature on the sales agreement was genuine and matched other documents signed by the plaintiff. The court also pointed out that the plaintiff had previously declared bankruptcy and failed to list the Haifa duplex as an asset, contradicting his current claim of ownership.
The brothers' dispute originated in the late 1980s when their family's construction company built 24 apartments, including the duplex, which were registered under the father and two sons. Following a falling out in 1994, they allegedly agreed to a separation agreement where the plaintiff would receive the apartments and the other brother would take over family businesses. The plaintiff has been living in and collecting rent from the duplex ever since.
The court dismissed the appeal and ordered the plaintiff brother to pay 15,000 shekels in expenses. However, the judges suggested the plaintiff might have a claim against the lawyer for using a nine-year-old signature without updating the document, though this does not affect the apartment's ownership. The court also ordered the ruling to be transferred to the Israel Tax Authority due to potential discrepancies regarding how the property transfer was reported.
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