Exploitation of Undivided Inheritance: A Penal Offense in Tunisia
Lawyer Ziad El Kaabi reminded that exploiting an undivided inheritance property before its partition is a criminal offense in Tunisia. According to Article 277 of the Penal Code, the perpetrator of this act risks a sentence of up to six months in prison.
Frequency of the Offense
According to Lawyer El Kaabi, this type of offense is particularly frequent, especially in succession cases involving real estate. "It is not uncommon for an heir or a co-owner to take sole possession of the property, exploit it, or profit from it without informing or benefiting the rest of the rightful owners," he stated during his appearance on Diwan FM on Monday.
Consequences of the Offense
The lawyer also specified that this behavior amounts to appropriating a common property "through exclusive use," generating revenue for the benefit of one person while all heirs or co-owners have the same rights to the undivided property. The perpetrator of this irregular exploitation is not only exposed to criminal prosecution but also to a civil action requiring them to restitution of the sums received illicitly to the detriment of the other rightful owners.
Importance of Legal Procedures
This warning, according to Lawyer El Kaabi, aims to remind people of the importance of respecting legal partition procedures to avoid family disputes and sanctions provided by law.
