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Taking Back of Transferred or Donated Property

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andrei911


Arresto Menor
I am a former OFW (certified 911 operator and gained a Social Security Number provided by the US dept of Defense) who decided to sacrifice my job as a 911 dept asst supervisor in a US military installation outside USA to do a favor for my sister who helped me finished my engineering degree in a university in Manila.(I was taking care of her son/only child for more than 6 years while she was working abroad and I was studying 15 years ago). When my our mother died 4 years ago, I went home prior to the burial from abroad. After the burial, she asked me to stay to assist her in filing an annulment from being a second wife to her husband. My sister happened to be the well-compensated at work compared to her husband (close to earn nothing and dependent to my sister financially). She was able to purchase a house and lot 16 years ago under her name alone and a condominium 6 years ago under the couple's name (married for 24 yrs before the annulment started). Last year, before the annulment was started in Milan, Italy (where my sister, her husband< who left them 2 years ago with so much trouble and bank fraud problems but my sis was able to fix them> and their 22 years old son/only child live together in the same house my sister bought); we managed to transfer the house & lot to my name and her son as co-owner through Deed Of Donation (but later we made a notarized Deed of Sale of that I bought the house from her). The condominium was transferred to their son's name and later transferred to my name alone. As a gratitude, I didn't go back to my position and as promised by my sister, she will either help me get another employment overseas or help me put up a business. She gave me so many errands/ tasks for her and for our siblings and do some charity works in our hometown. Being having a good relationship with my sister and the proven trust, I decided to wait til the annulment result in Italy was being approved and it's being followed up here in Manila for her singleness status in the NSO. The application to the court is still under process. Few months ago, my sister confessed to me that she has a new boyfriend and she has been supporting him financially without the knowledge of the wife, who is a cancer victim. This boyfriend is her first ex boyfriend and our neighbor in the province, who is an ambulance driver in a government hospital in Quezon City. She even planned to have this wife of his bf get killed. I reminded her about the karma and since then we had so many disagreements. A month ago, she decided to go Manila for vacation even if her presence wasn't asked yet by the court. I got severe treatable illness which needs maintenance for medicine, I caught this gall bladder polyps and suffering from stress gastritis and she didn't even helped me, she didn't even send any money for the monthly bills for both house and condo. I used to live in the big house, I only moved in to the condo when our father was hospitalized and was brought in in Metro Manila which is practically close to the hospital. When our father got recovered, he decided to go back to the province with broken heart and full of grudges on me. My sister promised to shoulder all the expenses but me and my sister agreed to use our father's money first and she'll just pay back later but my sister didn't fulfill her promises. My father assumed that I was just hiding his money. I sensed the danger on that matter. I've been broke for 2 months now and just borrowed money from my friends. In order to be able to pay some of the borrowed money from my friend, who is undergoing a renovation in his condo, instead of looking for a temporary shelter to rent, i suggested him to rent the condo unit so that my debt will be deducted with 2 months contract. Last week before my sister arrived, we had conversation, and she didn't give me the details of her arrival when I asked her. Thought she just had forgotten to tell me but she just mentioned, " I will just be there anytime soon". I told her that a friend of mine is utilizing the condo unit and she told me in a high pitched manner that she want to stay in the condo with some of her friends. I told her my financial and health situation and the unit is under contract but she told me to just follow her orders. She dropped the conversation via VIBER (free cellphone call apps using wifi). I kept on calling back her but she didn't picked the phone. I decided to contact her son but the everything was in vain. Instead, I opened my sister's FACEBOOK account to know who among her friends are going to stay in the condo (I was the one who created her acct so basically I know the password). I've learned that one of her friends proposed a business in our province and they need a capital and a guarantee showing some properties. I've also learned that they've prepared a document for me to sign that I am giving back the properties. I didn't really know when she's really going to arrived. A night before she arrived, I was attacked by severe abdominal pain due to stress gastritis that my doctor friend asked me to just stay with him so he can monitor me since he doesn't have duty on the following which is also my sister's day of arrival. So, that arrival day came, my sister arrived in the house according to a very good friend and a neighbor (whom I entrusted the duplicate keys of the house) of both me and my sister. Accordingly, she is going to kick my ass out and will slap me if I am not going to sign the said documents. I didn't meet my sister until such time. She went to the condominium and ordered the maintenance guys to break in and forcibly enter the unit but the security guards prevented her that ended up calling the Barangay tanods. There was nobody in the unit that time because my friend, who rents that unit was on duty for 24 hours. When I was able to talk to the guards, they complained that my sister hit them physically and verbally abused them. I love my sister and pitied her but I am hiding, avoiding to meet her, resisting to sign the documents to give her back the properties. Waiting util she goes back to Italy that someday she will realize my intention that it's not about time that to give back the properties back to her. I already had talked to her son, who is in Milan and he completely understood and sympathized on me. That created that big question on me. If I only have enough money to spend to travel and consult a lawyer, I've already done that but I just have less than a thousand pesos in my pocket. I am jobless and broke but I am not losing hope that I will land a good job here in Metro Manila. Right now, i am waiting for 3 job interview next week.

Do I have the right to resist from the DONOR to give back the properties that was being donated to me?

The house and lot has a title under my name and my sister's son transferred via DEED of SALE but after few month the title being released, we made made a DEED OF SALE that I, alone bought the house and lot. Can I claim that I am the sole owner of the house and lot?

The condominium was donated to me by my sister's 22 years old son as a gratitude of taking care of him when he was still a child and I accepted it and being notarized by the developer's lawyer. Do I have the sole right of the condo? Does either my sister or my nephew still has the right of it? Can I sell it without their consent?

Honestly, I am trying to help myself the best I can without my sister this time. I am considering my friend's help. Most of all, I don't have intention of running away from my sister with the properties. I am reserving the properties to remain under my name until I'll be able to get a visa to another country and maybe that's the time I will give the properties back not to my sister, who can easily be fooled by anybody else but to my nephew. It's like a sweet revenge for me, securing my future plan on visa application and at the same time protecting the properties because I really don't trust my sister's friends if not all, most of them.

Thank you for the chance of getting free legal advice from here. I really appreciate it.

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Lunkan


Reclusion Perpetua
(As I understand it.)
"Does either my sister or my nephew still has the right of it? "
No, they have donated,
BUT they hadn't right to donate her HUSBAND'S part, so risk HE can demand HIS PART back, but not the part your sister had. No difference who bought it, because it was during their marriage.

An exception you PERHAPS can have use of: I know it's a law in the Philippines giving rights to LONG TIME USERS even when they haven't got it donated/inherited, they just occupied it, but I have no idea if that goes for Condos too or just for land.

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andrei911


Arresto Menor
My sister's husband had already agreed (in black & white) that he wouldn't ran after for his share anymore. My sister had paid all his liabilities in exchange for the agreement and everything was signed in front of a lawyer.

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Lunkan


Reclusion Perpetua
Good. We can't be sure what a court would decide, IF it become a court case, but you are supposed to winn because of the documents.
But you better make a PROPER VERIFIED copy of the document that husband signed, so you have it if it will be needed.
And to be safer, you can get it TITLED in your name, if you haven't done it allready.

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lei_khianne


Arresto Menor
pede po b kuhanin ulet ng parents ko ung land title n pinangalan n nila sakin?pede ko po bang palitan ung name ko sa title n married na?dalaga pa po kc ako nung pinanagalan sakin title..kaos like po nila bawiin ulet dhil bibigyan dw po nila iba kong half brother and sister...eh naka name n po saakin..naisip ko po n iname ko sa married name ko para di n nila makuha ulet thanks po

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Lunkan


Reclusion Perpetua
lei_khianne wrote:pede po b kuhanin ulet ng parents ko ung land title n pinangalan n nila sakin?pede ko po bang palitan ung name ko sa title n married na?dalaga pa po kc ako nung pinanagalan sakin title..kaos like po nila bawiin ulet dhil bibigyan dw po nila iba kong half brother and sister...eh naka name n po saakin..naisip ko po n iname ko sa married name ko para di n nila makuha ulet thanks po
Sorry. I only understand some of what you wrote. Better you start an own topic about it, so someone, who understand see it isn't answered.

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lei_khianne


Arresto Menor
Lunkan wrote:
lei_khianne wrote:pede po b kuhanin ulet ng parents ko ung land title n pinangalan n nila sakin?pede ko po bang palitan ung name ko sa title n married na?dalaga pa po kc ako nung pinanagalan sakin title..kaos like po nila bawiin ulet dhil bibigyan dw po nila iba kong half brother and sister...eh naka name n po saakin..naisip ko po n iname ko sa married name ko para di n nila makuha ulet thanks po
Sorry. I only understand some of what you wrote. Better you start an own topic about it, so someone, who understand see it isn't answered.
sorry ng new topic na po ako kaso la po ng respond..ask ko lang po if pede pa ba bawiin ng parents ko ung pinamana n nila na lupa sa akin..nakapanagaln npo sakin 2 yrs ago.

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Lunkan


Reclusion Perpetua
Sorry. I'm bad at Filipino, so I understand only part of what you write. That's why I recomend you put your question in an own topic, so other see it isn't answered.

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