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1 inheritance on Sun Sep 30, 2012 4:00 pm


Arresto Menor
My father was a widower with 11 children on his first wife.
When he married my mother (second wife), 1959, my mother has a pending inheritance from my grandmother.. pending since the "mother title" was only sub-divided and transferred to her name 10 years after my father died (1972). I am planning to sell the land my mother inherited, but the children of my father on his first wife are claiming their share on the proceeds of the transaction.

Do they have a claim?

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2 Re: inheritance on Tue Oct 02, 2012 12:48 pm


Arresto Mayor
Based on the presented facts No, the property regime has already ceased at the time your father died. The title was given after the death. Even if the property was transferred to your mother during the marriage it is still her paraphernal property due to the fact that their property regime was Conjugal Partnership of Gains(before August 3, 1988( Effectivity of Family Code)) unless the inheritance was both for your mother and father, therefore making the property not conjugal but separate property of each spouse 1/2 for your father and 1/2 for your mother.

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3 Re: inheritance on Mon Sep 09, 2013 3:33 am


Arresto Menor
My parents own this piece of land. Mum died several years ago. I understand that with no will left, my father owns 60% of the property and my 3 siblings and I own 10% each. Now my father decides to sell his 60% share to us. What legal form do we use? We can't use the deed of absolute sale, is that right, since we are also considered as "Vendor". How do we go about it. The original land title hasn't been transfered in our names. It's still my father's name married to my mother's name.

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