Judgment reserved in woman's action against stepchildren over sale of family home

Judgment has been reserved in an action brought by a woman over the sale of a property by her stepchildren after they allegedly obtained a death certificate in her name.

Maureen Moore (aged 71), Laburnum Square, North Road, Drogheda, Co Louth, has sued the two children of the late John Gabriel Moore, who died intestate in February 1996, over the sale in 2002 for €254,000 of the property at Mount Tallant Avenue, Harold's Cross, Dublin.

Today following the conclusion of legal submissions in the case Mr Justice Roderick Murphy told the court that he hoped to be in a position to deliver judgment in the matter before the end of July when then current legal term concludes.

In her action Mrs Moore claims that her stepchildren had unjustly and fraudulently enriched themselves by selling the property. However they deny her claims and said that they genuinely believed that she was dead as they heard nothing from her after she left the family home in 1982.

Mrs Moore alleges, following the death of Mr Moore, she was entitled to be the registered full owner of the property. Her proceedings are against John Moore (aged 43), Woodstock Park, Knocklyon, Dublin 16, and his sister Maria Byrne (aged 41), Oakdale Crescent, Ballycullen, Co Dublin, over the sale of the property.

Mrs Moore is also seeking an order requiring Nadine Chetty, who purchased the property in October 2002 and who is living in the Middle East, to deliver up the property to her. The defendants have denied Mrs Moore's claims.

Maureen and John G. Moore married in 1971. The house was acquired in 1975 and they were the joint tenants. It is claimed. Mrs Moore claims she had to leave because of threats from her husband and moved to Belgium. She returned to Ireland after many years when she discovered her husband had died and the house had been sold.

The court heard a death certificate for Maureen Moore, obtained by the defendant stepchildren in 2000, was for a Maureen Moore, Kilmacud, Dublin, who died in January 1995. Mrs Moore claims that certificate was obtained to defeat her title to the house.

Mrs Moore claims her husband's children wrongfully converted the title deeds of the property for their own use and benefit and did not pass good title to Ms Chetty. She is seeking various declarations and damages.

In their defence, John and Maria Moore deny fraud and also deny they knew or ought to have known the death certificate was not that of the plaintiff. They said they searched for Maureen, but were unable to locate her, and genuinely believed she was dead.

They also plead the plaintiff's claim is statute barred and contend her rights to an interest in the property have been extinguished.

They claim she left the house in 1982 but was not forced out, and their stepmother had discontinued her possession of it and was out of occupation for more than 12 years. Prior to his death, John G Moore was in sole and beneficial occupation of the property, it is also pleaded.

In her defence, Ms Chetty denies the sale of the property to her was wrongful.