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unauthorised lease- pls assist

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1 unauthorised lease- pls assist on Fri May 18, 2012 12:54 pm

cherrymegan


Arresto Menor
I was outside the country when my stepson leased my property (without my consent). It's a conjugal property of me and my husband [deceased already]. I am about to secure physically the unit. What can I do kung manggulo (mag eskandalo, manuntok etc) ang step son ko when i get back the property? I'm already a senior citizen.

Salamat. Hoping to get reply soon.

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2 Re: unauthorised lease- pls assist on Sat May 19, 2012 10:25 pm

shely24


Arresto Menor
Illegal po talaga yung ginawa ng stepson niyo. Sana po magsama po kayo ng otoridad like taga brgy at police para po maiwasan na masaktan kayo.

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cherrymegan


Arresto Menor
Ano po ba yung pwedeng possible charges sa step son ko na who has been sending me messages na indecent like asal hayop daw ako, abusado etc na walang basis? I feel like verbally abused and stressed because of his maligned messages. I don't deserved this as ako na ang victim dito at sya pa matapang na may kasalanan ( by leasing my property without my consent).

What actions can I take and what can inform him just in case we meet personally re this?

Maraming salamat po ulit.

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4 Re: unauthorised lease- pls assist on Mon May 21, 2012 1:18 pm

ibonidarna


Reclusion Perpetua
Clarificatory questions lang po:
1. Yung stepson mo ba ay anak sa unang asawa ng yumao mong asawa?
2. Kelan kayo ikinasal?
3. May anak ba kayo ng yumao mong asawa?
4. Kelan na-acquire yung property?
5. Kanino nakapangalan yung property?

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cherrymegan


Arresto Menor
Here are my responses (beside the questions).
Thank you for the time and reply.


Clarificatory questions lang po:
1. Yung stepson mo ba ay anak sa unang asawa ng yumao mong asawa? Opo. Matagal nang patay yung biological mother ng step son ko. She died before my husband and I got married (1976).
2. Kelan kayo ikinasal? We got married in 1976
3. May anak ba kayo ng yumao mong asawa? Yes. Only one.
4. Kelan na-acquire yung property?My husband and I acquired the property in 1990.
5. Kanino nakapangalan yung property? My husband (deceased) and sa akin.


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6 Re: unauthorised lease- pls assist on Wed May 23, 2012 12:03 am

ibonidarna


Reclusion Perpetua
Your stepson is a co-wner of the property because he still inherited from his deceased father. He owns 1/6, Your child 1/6, and the 4/6 is yours.

You better execute extra-judicial settlement of estate, give him his share, that way he cannot have control over your and your child's share.

You can also file criminal cases like unjust vexation, slander or grave threats depending on what are his utterances and acts.

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7 Reply re unauthorised lease on Wed May 23, 2012 11:34 am

cherrymegan


Arresto Menor
Thank you for the reply.

Got some questions though-
My stepson got all the full proceeds when he leased my property and if I sum it all- it is almost the equivalent amount of his share if I should pay him.
1.What is it then from my end re my stepson's full receipt of the lease?

2. Should I call the barangay or police before I go to my house to avoid harassment? That is my home and I am a senior citizen.

3. Kung manggulo sya anytime from the time I got in my house- what can I do?

4. Kung masaktan ako physically- what is the proper procedure?

5. Kung magsasampa ako ng criminal case on harassment etc- what are the legal procedures? What will be my steps to do that?




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8 Re: unauthorised lease- pls assist on Wed May 23, 2012 12:19 pm

ibonidarna


Reclusion Perpetua
1. You should claim for your share on the lease payment. Your share is only being held in trust by your co-owner.

2. You cannot just barge in there and eject the lessee. You must have the contract of lease voided first. They are innocent third party.

3. Have him reported to the barangay. (Chances are, the lessee will file a complaint as well if you eject them.)

4. Same answer as above

5. Report it to the Barangay;
Get a medical certificate.
If no settlement has been made, get a certification to file action, then hire a lawyer or go to the prosecutors office.

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9 addtl query- un authorised lease on Mon May 28, 2012 10:48 am

cherrymegan


Arresto Menor
For additional queries please-
I got threats already from my step son saved in my cellphone.

1. Tama po ba na magpa blotter muna kami sa pulis and barangay?
2. What is the use of the blotter?
3. What is the role of the barangay after we complained?
4. Kelan sya pwedeng hulihin ng pulis- kapag nakapanakit lang or kung nanggulo sya after namin magpa blotter? What are the instances na pwede syang damputin ng pulis at ano ang mga procedures just in case?
5. Any other suggestions how to solve this threats and secure physically my house?


Hoping to get a reply asap. Marami pong salamat.

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