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Ligitimate siblings vs illegitimate siblings

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1 Ligitimate siblings vs illegitimate siblings on Wed Apr 17, 2013 12:48 am

nsmbatangas


Arresto Menor
Situation:

Mayla & Franco were legally married & had 4 siblings between them.

Franco passed away.

Mayla ended up having a relationship with Mon and were never legally married but had two siblings between them.

In May 1991 Mayla inherited a plot of land by means of Deed of Donation. It was stated on the deed that Mayla was widowed at the time of the donation and had used her maiden name on the documentation. The tax declaration of the said plot of land is also under Mayla's maiden name.

In April 1995 Mayla passed away.

Now, Mayla's siblings would like to have portions of the land as inheritance but confusion and disagreement has arose as to how the property should be divided amongst Mayla's 4 legitimate siblings and 2 siblings out of wed lock.

What is the legal and righteous way of dividing Mayla's plot of land amongs her siblings?

Thank you.

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homem


Arresto Mayor
I am sorry, but I am a little confused. You are talking about siblings of Myla and Franco and Mon but it seems you mean their kids? Whatever, it goes the same this way...the law says, the inherited property must be divided equally among the legitimate children and the share of illegitimate is one half of the share of a legitimate child. In your case, 4 legi and 2 illegi, ok, let us do some little arithmetic here.

Say, the parcel of land is 1 hectare and that is 10,000 square meters, divide this into 4, then 1 legi would get 2500sqm, divide this again into 2 to get half and that is 1250sqm. Therefore, the share of each illegitimate is 1250sqm. But not yet finished, the remaining of 10,000sqm which is 7500sqm must be divided again into 4 which equal to 1875sqm and that is the share of 1 legitimate child.

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nsmbatangas


Arresto Menor
homem wrote:I am sorry, but I am a little confused. You are talking about siblings of Myla and Franco and Mon but it seems you mean their kids? Whatever, it goes the same this way...the law says, the inherited property must be divided equally among the legitimate children and the share of illegitimate is one half of the share of a legitimate child. In your case, 4 legi and 2 illegi, ok, let us do some little arithmetic here.

Say, the parcel of land is 1 hectare and that is 10,000 square meters, divide this into 4, then 1 legi would get 2500sqm, divide this again into 2 to get half and that is 1250sqm. Therefore, the share of each illegitimate is 1250sqm. But not yet finished, the remaining of 10,000sqm which is 7500sqm must be divided again into 4 which equal to 1875sqm and that is the share of 1 legitimate child.


To homem,
Based on your calculation on how the parcel of land should be divided amongst 4 legi and 2 illegi, would it still be the principle considering the fact that the said plot of land was donated to Mayla when she was already widowed from the legal husband (franco)?

How would u consider this property, paraphernal or conjugate and how would this affect the division of the said plot of land?

Many thanks.



Last edited by nsmbatangas on Wed Apr 17, 2013 11:05 pm; edited 1 time in total (Reason for editing : More question)

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homem


Arresto Mayor

Based on your calculation on how the parcel of land should be divided amongst 4 legi and 2 illegi, would it still be the principle considering the fact that the said plot of land was donated to Mayla when she was already widowed from the legal husband (franco)?

---->it doesnt matter how the parents acquired the property, the process of sharing of property for their children still the same. Death of Franco has no bearing on this, it is Mayla who has illegit children, right?

How would u consider this property, paraphernal or conjugate and how would this affect the division of the said plot of land?

---->Conjugal with whom? to Farnco or Mon? in the case of Mayla in a relationship with Mon, she has all the legal right over the properties acquired during their relationship but the right of Mon is questionable for now because of no details given about Mon. About with Franco, all properties he left should be divided accordingly between her and their children. A certain property, conjugal or not does not affect the method of sharing of legit and illegit.

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