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my cousin refused to give back a property owned by my deceased mother

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aderitavillegas


Arresto Menor
Dear Sir:

I shall appreciate your advice regarding my predicament. This is an old story and I have difficulty in narrating them, thus I will be enumerating the details based on fact.

1. My mother who passed away last 2010 owns a land in Nueva Vizcaya infront of the market area. This is the same property where her 10 unit stall stands. The rent of the stalls were remitted by a cousin Hazel from the day it started leasing to tenants.
2. When my mother passed away, I tried to get back on what she had left because earlier on it was my youngest sister who handled the money. Since there have been some misuse of fund my eldest brother asked me to handle the accounting from my mothers property.
3. I went to the province to check the stalls and why the delay in payments and the taxes etc. I found out that my cousin Hazel did not use my mothers contract instead my cousin Hazel came up with their own contract bearing their name Hazel Urbano as owners of the stalls. My cousin Hazel did not mention to me even before my mother passed away. I had to ask for the copy of the contract because I am confused as to how much exactly is the monthly rent.
4. My cousin Hazel also did not remit payment of the front stall where another renter was leasing it since 2009.
5. My cousin Hazel occupies the front stall and refused to endorse the key to me for my use. I have a potential renter who is willing to pay and rent.They are occupying the stall for free.
6. My mother with the financial assistance of my eldest brother paid for all the construction of the stalls.
7. My cousin Hazel also did not endorse the joint account where my deceased mother was the other signatory.

8. I am trying to account everything including repairs but Hazel would just keep on saying ' manang, ang tagal na noon, naitapon ko na yong resibo"
8. I also asked copy of the book keeping so I can settle the taxes with BIR. She failed to give me the books.
9. Hazel declared that PHP 15,000 was the amount of rent so we will charged less at BIR. I went to BIR and asked how much should I pay for witholding tax...5% of the rent, almost Php 500 only...and yet her record shows different figures.
10.what should I do. My brain is about to go ballistic. I would be very much grateful if you can advise me on these matters. What legal actions should I do.

Thank you very much.

Regards,

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