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LEGAL PARTITION ISSUE

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1 LEGAL PARTITION ISSUE on Tue Jan 31, 2012 2:07 pm

mazelynabad


Arresto Menor
My husbands father died 11 years ago so he's the one who represent the right of his father. Both of his grandparents are deceased and they left their 6 children with a 240 square meters compound house and lot but there is no last will of testament who will owns the said lot. When his father was still living pinaglaban nya yung bahay were his father, his step mom and my grandparents live, na dun pa din sila tumira khit patay n ang mga lola...pero hindi nag agree ang eldest nila which gusto nya na sa kanya mapunta yung malaking bahay but as i said my father-in-law fought for it...when my father-in-law died they decided to give the big house to his aunt para tigilan na sila and they made an arrangement na ibibigay yung big house but palit sila ng bahay ksi yung bahay ng tita nya ay may 3 pinto so he asked only for the 2 doors para isa sa step mom nya at sa mga anak nito and isang door para sa knilang magkakapatid. Right now his aunt occupy almost half of the 240sqm land and now she still wants to get the house where my husband's madrasta and step brothers and sister lives...his auntie talked to his madrasta to find somewhere they can live because kukunin n daw nya yung bahay...if ayaw nmn daw nyang umalis magbayad daw sila ng rent sa knila...yung 2 doors n nasa asawa ko and his madrasta ay tama lng sa legal part ng father-in-law ko na 40sqm (240sqm/6=40sqm per anak ng grandparents nya),but ang ini-insist ng tita nya na she is the rightful owner of the said lot ksi sya ang nagbayad ng utang sa amilyar ng lupa and humati na lng daw sila dun sa isang pinto na nasa amin which only 20sqm land. ang gusto lng naman ng husband ko at his madrasta is yung tamang sukat for my father-in-law, not more and not less.
Just wanna ask if what is his aunt doing is legally right (which i doubt na hindi?
What are we gonna do and tell her based on the Philippine Law?
ksi eversince na mamatay ang father-in-law ko gusto nyang tangalan ng parte si papa at sinabihan p nga nya ang asawa ko n wala syang karapatan dun ksi apo lng daw sya ng mga magulang nila. right now nasa barangay n ang case. thanks a lot and GOD bless .

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