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Seeking for legal advice. Please help me.

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1 Seeking for legal advice. Please help me. on Thu Jul 10, 2014 3:02 am

casnj2881


Arresto Menor
We have a residential property around 560 sq m. It is under my mom and her sisters name. More than 30 yrs ago my aunt took a loan from the property due to complication of pregnancy, she had 2 c section. My aunt forgot about the loan until they receive a notice from the bank. In order to save the property they sold half of the property. Specifically stating in writings that my mom sold half of her share and so is my aunt. My aunt did not pay off the entire debt from the money they recieve instead she set it aside for a business and it failed. Running out of funds my mom did an early retirement just to payoff everything. They promised my mom some amount when my aunt retires but it never happened.  More than 20 yrs ago around the time that they are trying to settle the property my mom  told her brother  to build a house right next to my aunt so my mom would always have a share through her brother and told them whatever happens never to leave the property. The deed of sale is still under my mom and my aunt even though they already sold half of the property. In 2006 my mom died and ever since my mom died they've been telling the family of my moms brother (also deceased) that they want them to leave beacause they want to sell the property. In 2011 an unfortunate event happened their house caught on fire, the shabby and very tiny home of my uncle got spared. My other aunt help them rebuild same size and concrete but then again this year got burnt again. They don't want to go back to the property because they said it is bad luck. For sentimental reason I want to keep the property. At present me and my dad is out of the country, they've been telling the family of my uncle that they already have a buyer. I am still securing the documents or the contract when they sold half of the property making sure it was not my moms part that is being sold, considering mom being so trustful of her sister if it was the case do we still have the right since it is under both my mom and my aunts name? Another question is for the family of my uncle who have been residing for more than 20 yrs on the property what would be there rights? Hope you can help us. Thank you so much

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2 Re: Seeking for legal advice. Please help me. on Mon Jul 14, 2014 1:55 pm

CPA-Lawyer


Arresto Menor
how did your mom and your aunt acquired the property?
by what right does your uncle has when he resided on the property?

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3 Re: Seeking for legal advice. Please help me. on Thu Jul 17, 2014 12:59 am

casnj2881


Arresto Menor
My grandfather help my mom acquire the property when she got married. My aunt went through some difficulty and have to move back home and have no place to stay. Around that time mom and dad stayed in the ancestral home of my dad. Mom never narrated how she able to include her sister in the deed of sale.knowing my mom she had been very generous to all her siblings. There are no legal documents regarding the brother (now deceased and his family about them staying in the property mom just let them he had no stable jobs and had a lot of kids. And now we worry about them because my aunt want to evict them and want to sell the property. Please fill me in. Thank you...

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4 Re: Seeking for legal advice. Please help me. on Thu Jul 17, 2014 8:50 am

CPA-Lawyer


Arresto Menor
now im curious about the deed of sale. if the deed of sale is invalid, your aunt has no right. otherwise, she may evict your deceased uncle's family. we have to check the validity of the deed of sale. if its is not valid, then heirs of your father have the better right. there are lots of things to be traced. best if you show the docs with a lawyer. by the way, where is this property situated if i may ask?

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