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family property sold to favourite son

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1 family property sold to favourite son on Sat Feb 07, 2015 9:44 am

isalmario


Arresto Menor
We are six (6) children in the family.  We learned from a reliable source that our parents sold our family home to their favourite son (the youngest in the family).  In fact there is already a “Deed of Sale” that it was sold for 2 Million pesos. My siblings and I felt back stubbed because we were stripped off our rights to inherit the family home. Both of our parents are in their 90's. Father is already bedridden. Considering their advance age, we do not want to confront and put pressure on them.
By law is this correct that my parents do not have the obligation to advise us that this is what they wanted to happen?  Could we fight for this in court?
My brother is jobless for 20 years and in fact relying only on our parents for his daily living and never left home at all.  We know that he does not have 2 Million pesos to buy such property. Is there an issue on this? Thanks,

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2 Re: family property sold to favourite son on Mon Feb 09, 2015 5:10 pm

Katrina288


Reclusion Perpetua
Since your parents own the property, you and your other siblings do not have a say whether or not they want to sell their property to your youngest brother. Provided that there was really a consideration (P2M). If you believe that there was really no sale (because there was no consideration/payment), you can have the sale annulled (annulment of sale), but you have to go to court.

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3 family property sold to favourite son on Mon Feb 09, 2015 6:10 pm

isalmario


Arresto Menor
When you say "annulment of sale", what is the process that we are looking at? My understanding is that we have to hire a lawyer to prepare the annulment of sale and he/she will file this in court on our behalf. Is this correct? Is there a lot of money involved in this process? Could you please give me an idea?

Many thanks,

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4 Re: family property sold to favourite son on Mon Feb 09, 2015 8:24 pm

Katrina288


Reclusion Perpetua
Yes, that is correct. You have to file a complaint in court that there was in fact no sale because of lack of payment/consideration. And when did the sale happen? How old were your parents at the time of the sale? You should have sufficient evidence supporting your claim that your youngest brother could not afford such property (considering he is jobless for 20 years). The fees that you have to pay include filing fees (in court) and attorney's fees.

Regards,
Atty. Katrina

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5 Re: family property sold to favourite son on Wed Feb 11, 2015 3:07 pm

isalmario


Arresto Menor
The sale of the property happened January 2010. The ages of my father and mother at that time were 94yrs and 88yrs respectively.

There is a twist in this saga. My other brother was entrusted by my father the Torrens title of said property for safekeeping. There was a time that my father asked him to have that Torrens title be returned to him (this happened before the sale). My brother refused thinking that it my end up in the wrong hands. For a while there was a gap between father and son. Eventually they kissed and made up.

Upon learning that the family property was sold to our youngest brother, we immediately checked with the Registry of Deeds. We found out that our father submitted an affidavit of loss for the Torrens title in subject. The Torrens title in my brother’s possession is now null and void.

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6 Re: family property sold to favourite son on Wed Feb 11, 2015 9:22 pm

Lunkan


Reclusion Perpetua
isalmario wrote:When you say "annulment of sale", what is the process that we are looking at?  My understanding is that we have to hire a lawyer to prepare the annulment of sale and he/she will file this in court on our behalf.  Is this correct?  Is there a lot of money involved in this process?  Could you please give me an idea?
Many thanks,
There is a CHANCE you can avoid needing to go to court, if you can convince your youngest brother he will LOSE Smile
If it become a court case, he will get costs too with lawyer...

I suppouse your brother can't show evidience he has paid. IF he show a LOAN document with the property as security from your parents to cover that, then you inherit the loan. I suppouse it's big chance your brother can't pay the loan, so then the house can be FORECLOSED, so you can GET BACK the house anyway... Smile

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