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Rights of the Heir

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1 Rights of the Heir on Wed May 30, 2012 3:45 am

imember


Arresto Menor
Good Morning,

My in-laws sold one of their properties last year. This land portion was supposedly one of the properties my husband will inherit from my father-in-law. My husband is the eldest and he only has a younger sister. The division of the properties was only done verbally may years ago. Now, some were already under their names, others are not, including this land portion that was sold last year. My husband was not informed by his parents that they will sell this portion. His father is already incapacitated and could no longer speak clearly because of the strokes he had before so my mother-in-law does everything when it comes to decision-making and selling. But I remembered that when my mom sold a portion of our land, we, her children, as third-party heiress, were asked by our mom first and also signed the deed of sale as a proof that the we all agreed with the transaction. Now, since my husband did not sign any papers regarding the land portion that was sold, does he have the right to take legal action against his mother? My husband only wants what is due to him and not the entire amount that was paid to my mother-in-law. But everytime he talks to her mom, she will always say that my husband does not have the right to question her decisions and she only has the rights, being the wife, to sell whatever she wants to sell since it is a conjugal property. My mother-in-law only favors her daughter. And we feel that her sister is also benefiting from the money while my husband does not. Not only that, last March, my mother-in-law was able to transfer the title of the other 2 properties to her daughter's name. One of those properties was already sold. Please help.

Thanks

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2 Re: Rights of the Heir on Sun Jun 03, 2012 12:42 am

imember


Arresto Menor
Just re-posting:

My in-laws sold one of their properties last year. This land portion was supposedly one of the properties my husband will inherit from my father-in-law. My husband is the eldest and he only has a younger sister. The division of the properties was only done verbally may years ago. Now, some were already under their names, others are not, including this land portion that was sold last year. My husband was not informed by his parents that they will sell this portion. His father is already incapacitated and could no longer speak clearly because of the strokes he had before so my mother-in-law does everything when it comes to decision-making and selling. But I remembered that when my mom sold a portion of our land, we, her children, as third-party heiress, were asked by our mom first and also signed the deed of sale as a proof that the we all agreed with the transaction. Now, since my husband did not sign any papers regarding the land portion that was sold, does he have the right to take legal action against his mother? My husband only wants what is due to him and not the entire amount that was paid to my mother-in-law. But everytime he talks to her mom, she will always say that my husband does not have the right to question her decisions and she only has the rights, being the wife, to sell whatever she wants to sell since it is a conjugal property. My mother-in-law only favors her daughter. And we feel that her sister is also benefiting from the money while my husband does not. Not only that, last March, my mother-in-law was able to transfer the title of the other 2 properties to her daughter's name. One of those properties was already sold. Please help.

Thanks

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3 Re: Rights of the Heir on Sun Jun 03, 2012 12:29 pm

attyLLL


moderator
until one of his parents dies, your husband has no property rights over their conjugal property. the supposed partition has no binding effect because the law declares agreements on future inheritance as void.


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4 Re: Rights of the Heir on Wed Jun 06, 2012 3:37 pm

imember


Arresto Menor
Thanks for the reply, attyLLL.

One more question regarding conjugal properties, if a property is under the name of a husband/wife (meaning the property was bought or given to any of them when they are still single), does the spouse will have the same rights on that property automatically once married or should the owner declare it first (through some writing, etc.) to make it legal?

Sincerely

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5 Re: Rights of the Heir Today at 2:06 pm

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