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JUDICIAL PARTITION OF ESTATE (help please)

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1 JUDICIAL PARTITION OF ESTATE (help please) on Sat Jan 04, 2014 7:52 pm

carlito24


Arresto Menor
Hi Attorneys,

My grandmother died last year and left 3 properties.

Property A co-owners are:
Grandmother - 7/12 share
Sibling A - 1/12
Sibling B - 1/12
Sibling C - 1/12
Sibling D - 1/12
Sibling E - 1/12

Property B solely owned by Grandmother (but occupied by informal settlers)

Property C co-owned by Grandmother (partition unknown also occupied by informal settlers)

All the siblings are only interested to Property A because of its high market value but could not agree to the partition.

Sibling B and C had executed waiver of rights in favor of Sibling A. Sibling B and C are waiving their 1/12 shares and share to be inherited from the mother's 7/12 in favor of Sibling A.

Therefore, Sibling A should have 3/5 share while Sibling D and E will have 1/5 share each.

However, Sibling D and E does not agree that they will only get 1/5.

Please advise.

1) We are filing judicial partition for Property A only. Is this permitted in court? excluding property B and C.

2) What are the chances that Sibling A will get the 3/5 share given that there is waiver from her two other sibling (B and C)?

3) What are the arguments or defense the opposing siblings (D and E) could make up?

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