•Subject: Restitution •Author: Gerhard Dannemann •Date: 24/5/2000
This is a complicated case, and there is no clear answer to your question. It is not even obvious whether there is anybody from whom you can claim your money back. In particular, the following issues are likely to have a bearing on the case. - Did you agree with your mother that she should pay you back one day, or was this hers to keep? Or did you expect or agree with your mother that she would leave this amount to you in her will? - I presume the property cost more than DM 45,000 - who paid for the rest? In particular, did your aunt pay for some or all of the rest? Did your sister pay for some of it? - Did your mother live at the property, and does she still do so? - Does she have a property right (entered into the land register) to live at that place? - Did your aunt give the property to your sister for free, or did your sister pay for it? This looks like a case where the best thing would be to find an amicable solution, and the second best thing to get professional help. Or perhaps both.