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Brother Claiming Ownership of Property

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1 Brother Claiming Ownership of Property on Sun Sep 19, 2010 7:52 pm

stellar_33


Arresto Menor
In his desire to have our own house, my late father transferred the title of his lot to our eldest brother through a deed of donation so that he (my brother) can get a housing loan from SSS. He was still single then. My father is now deceased and my mother wanted my brother to transfer back the title to her. She wanted it transferred to her name so that she can be sure when she dies, my sister and I(3 siblings in the family---all single when the loan to SSS was made) will get our share of the property. My mother is convinced my brother is planning to have the property all by himself. By all indications she is correct. He refused to transfer the title to my mother. The loan to SSS has been fully settled about 10 years ago and my mother is the one paying the realty tax. My brother paid a portion of the SSS loan because at that time he was the only one working. My sister and I were still students at that time. My mother plans to sue my brother to court so that she can back the title from him. Can my mother still get back the title from my selfish brother? Thanks a lot!

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2 Re: Brother Claiming Ownership of Property on Sun Sep 19, 2010 11:43 pm

attyLLL


moderator
have you settled the estate your father? one of your possible remedies is to revoke the donation for having deprived you of your proper inheritance from your father.


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3 Re: Brother Claiming Ownership of Property on Mon Sep 20, 2010 10:14 pm

stellar_33


Arresto Menor
Thank you for your response. My mother wants to divide the property among us 3 siblings but can't do so until she has the title to her name. How do we revoke the donation when father is already deceased? Thanks again.

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4 Re: Brother Claiming Ownership of Property on Mon Sep 20, 2010 10:59 pm

alto_kiko


Arresto Menor

The best way one can do in such a situation is to petition to the court as an adverse claimant to revoke the donation made by your father with reconveyance.

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5 Re: Brother Claiming Ownership of Property on Tue Sep 21, 2010 1:27 pm

attyLLL


moderator
stellar, i recommend that you all first try to negotiate with your brother. of course, he will feel bad and refuse at first, but eventually he may give way. you can escalate the matter to the barangay, and eventually to the court for revocation of the donation. good luck.


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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6 Re: Brother Claiming Ownership of Property on Wed Oct 06, 2010 12:55 pm

stellar_33


Arresto Menor
Thank you very much for the help!

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