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Please help i need assistance

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1 Please help i need assistance on Mon Feb 11, 2013 10:51 pm

jeffablang


Arresto Menor
Hi Atty. My wife past away 2009, she has a pag-ibig loan but during that time her friend talked her in paying for the unit she loaned andher friend just continue the payment, when she past away pag-ibig gave me the original certificate of title (named after my wife) as the legal heir. Now I went to the unit and talk to woman who pays for the pag-ibig loan because it is already fully paid, she said it is sold to them by my wife's friend, so i just asked her if she can continue payment to me give her title when she is fully paid. But she doesn't want to, she said they are not paying me anymore because they own the unit because they are the one paying for it. Do i have any rights on this unit granting that they are paying it? If i will not give them the original certificate of title will they able to own it? Please give me advice on what to do. Shall i give them the certificate or can i just sell it and give them the amount they already paid for? Thank you so much.

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2 Re: Please help i need assistance on Mon Feb 11, 2013 11:38 pm

jd888


moderator
This is another case of them not exercising "Caveat Emptor" or buyer beware; PagibigFund awarded the Property in the name of your late wife, now you are the one holding the Original TCT, by LAW you are entitle to half of the property in question.

You may actually exercise your right under Title IV. SUCCESSION

CHAPTER 3 > LEGAL OR INTESTATE SUCCESSION

SECTION 1. General Provisions

Art. 960. Legal or intestate succession takes place:

(1) If a person dies without a will, or with a void will, or one which has subsequently lost its validity;

(2) When the will does not institute an heir to, or dispose of all the property belonging to the testator. In such case, legal succession shall take place only with respect to the property of which the testator has not disposed;

(3) If the suspensive condition attached to the institution of heir does not happen or is not fulfilled, or if the heir dies before the testator, or repudiates the inheritance, there being no substitution, and no right of accretion takes place;

(4) When the heir instituted is incapable of succeeding, except in cases provided in this Code. (912a)

Art. 961. In default of testamentary heirs, the law vests the inheritance, in accordance with the rules hereinafter set forth, in the legitimate and illegitimate relatives of the deceased, in the surviving spouse, and in the State. (913a)

Art. 962. In every inheritance, the relative nearest in degree excludes the more distant ones, saving the right of representation when it properly takes place.

Relatives in the same degree shall inherit in equal shares, subject to the provisions of article 1006 with respect to relatives of the full and half blood, and of Article 987, paragraph 2, concerning division between the paternal and maternal lines. (912a)


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Please be reminded that this advice is based solely on the facts you have narrated and my appreciation of the same. My opinion may vary when other facts are changed or elaborated.
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3 Re: Please help i need assistance on Tue Feb 12, 2013 12:54 am

jeffablang


Arresto Menor
jd888 wrote:This is another case of them not exercising "Caveat Emptor" or buyer beware; PagibigFund awarded the Property in the name of your late wife, now you are the one holding the Original TCT, by LAW you are entitle to half of the property in question.

You may actually exercise your right under Title IV. � SUCCESSION

CHAPTER 3 > LEGAL OR INTESTATE SUCCESSION

SECTION 1. � General Provisions

Art. 960. Legal or intestate succession takes place:

(1) If a person dies without a will, or with a void will, or one which has subsequently lost its validity;

(2) When the will does not institute an heir to, or dispose of all the property belonging to the testator. In such case, legal succession shall take place only with respect to the property of which the testator has not disposed;

(3) If the suspensive condition attached to the institution of heir does not happen or is not fulfilled, or if the heir dies before the testator, or repudiates the inheritance, there being no substitution, and no right of accretion takes place;

(4) When the heir instituted is incapable of succeeding, except in cases provided in this Code. (912a)

Art. 961. In default of testamentary heirs, the law vests the inheritance, in accordance with the rules hereinafter set forth, in the legitimate and illegitimate relatives of the deceased, in the surviving spouse, and in the State. (913a)

Art. 962. In every inheritance, the relative nearest in degree excludes the more distant ones, saving the right of representation when it properly takes place.

Relatives in the same degree shall inherit in equal shares, subject to the provisions of article 1006 with respect to relatives of the full and half blood, and of Article 987, paragraph 2, concerning division between the paternal and maternal lines. (912a)

oh i see.... this article will be a great help for me, she also said that she has a document that my wife made and it is stated there that my wife will give full right to them (we are married during this time) but i asked her for the document she said she will not be able to show it because she already gave it to her attorney. If this is true will this document support their claim? can they ask for another CTC on registry of deeds and sell the house? is it better if i to transfer to my name instead?

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