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Division of inheritance

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1 Division of inheritance on Sun Feb 17, 2013 10:16 pm


Arresto Menor
Ganito po ang nangyari. Nung binata pa ang tatay ko sinabihan sya ng lolo ko na may binebenta na lupa sa town namin. Binigay ng tatay ko ung pambili ng lupa sa lolo ko at binili ng lolo ko ang lupa (70% ang binayaran ng tatay ko at 30% naman binayaran ng tiyuhin ko) pero pinangalan ng lolo ko ang lupa sa kanya. Tapos yung isa ko pang tiyuhin naman daw ang nagbabayad ng real property tax ng lupa dati (mga 10 years daw). Ngayon nung namatay na ang lolo ko, gusto ng mga kapatid nya na pantay pantay na hatiin ang lupa dahil daw nakapangalan ito sa lolo ko. Meron ba kaming magagawa para makuha ng tatay ko ang dapat na sakanya? May batas ba na nagproprotekta dito? Doon naman sa tiyuhin ko na nagbayad kuno ng real property tax, ano ang rights nya bilang nagbyad ng real property tax (mga 40 years na ang lupa noong binili kaya mga 25% lang ng real property tax ang binayaran nya. Sana matulungan nyo kami. Salamat.

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2 Re: Division of inheritance on Sun Feb 17, 2013 11:10 pm


The mere fact that the Real Estate Property is in the name of your Grandfather, then he is the Absolute Owner / Rightful Owner, notwithstanding the contribution made by your father and uncle for the purchase of the latter.

Yet, if your Father and Uncle wishes to assert their claim, then they need to protect their interest over the property.

In order to protect their right as heirs to the land left by your deceased grandfather, they may register their claim to the land under the provision of Section 70 of the Property Registration Decree (Presidential Decree [P.D.] 1529) as an adverse claim.

Under this provision the adverse claimant must state in writing his alleged right or interest, how and under whom such alleged right or interest is acquired and the description of the land upon which the right or interest is claimed and his residence or place to which all notices may be served upon him. The said statement must be signed and sworn to before a notary public or other officer authorized to administer oath and filed at the Register of Deeds where the property is registered.

The annotation of the adverse claim is a measure designed to protect the interest of a person over a piece of real property and serves as a notice and warning to third parties dealing with the said property that someone is claiming an interest on the same or a better right than the registered owner thereof (Sanchez, Jr. v. Court of Appeals, 69 SCRA 332).

The adverse claim is effective only for a period of thirty (30) days from the date of registration. After the lapse of the said period, the annotation of adverse claim may be cancelled upon filing of a verified petition therefor by the party in interest (Section 70, P.D. 1529). Thus, after the annotation of their claim, we suggest that they initiate an extrajudicial or judicial partition. In extrajudicial partition, or settlement, your Dad and your Uncle may divide the property left by your Lolo based on an amicable agreement. The register of deeds shall cancel the title registered under the name of your Lolo and shall issue separate titles for each of the heirs upon registration of the deed of extrajudicial settlement. However, if one of the heirs refused to have a partition, you may file for a judicial partition. Here, the court shall appoints not more than three commissioners to make partition if efforts for amicable settlement failed. Thereafter, it may order partition in accordance with the report of the commissioners or set it aside and appoint new commissioners or accept the report in part and reject it in part and may make such order and render such judgment as shall effectuate a fair and just partition of the real estate (Rule 69, Rules of Court).

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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