ExtraJudicial Settlement of Heirs
1 ExtraJudicial Settlement of Heirs on Thu Mar 14, 2013 9:48 pm
2 Re: ExtraJudicial Settlement of Heirs on Fri Mar 15, 2013 12:44 am
Try to use judicial settlement of the estate Rule 74 of the New Rules of Court. In this case, I think, repeat I think, palagay ko, ung 4 heirs can petition the court to partition the estate if the 2 don't want to settle the partition by extra-judicial settlement without the intervention of the court. Of course, you will be spending some litigation expenses. I don't know if the 4 can go ahead and make the extra-judicial settlement with provisions of the rights of those who have not participated in the settlement have 2 years to petition the court for their claim.
I am not a lawyer, but just an ordinary person and this is only a sort of comment/opinion...
3 Re: ExtraJudicial Settlement of Heirs on Fri Mar 15, 2013 1:20 am
-- Considering that he's the only one with complaints, should he be the one to file a case for judicial partition? Because he's based abroad, what happens when the court asks for his personal appearance and he's not able to come at the specified time? Will this result to possible dismissal of the case?
-- Can the 5 of us collectively file for judicial partition instead-- para mas madali?
-- Ang judicial partition ba ay always considered fair and (by known records/experience) followed unquestionably by everyone concerned? What is usually the court's basis for partition?
Thanks in advance for any advice/comments given.
4 Re: ExtraJudicial Settlement of Heirs on Sun Jul 21, 2013 10:46 am
5 Re: ExtraJudicial Settlement of Heirs on Wed Jul 24, 2013 4:22 pm
Permissions in this forum:
You cannot reply to topics in this forum