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NEED LEGAL ADVISE

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1 NEED LEGAL ADVISE on Mon May 11, 2015 10:31 pm

carlyn101


Arresto Menor
anu po ang legal na paraan ng pagsingil sa lupang pinautang?

ang problema ko po kasi ayaw magbayad ng mga taong nangutang ng lupa samin.
di ko pa po na pa survey ang lupa kasi sa 100k na babayaran nila 13k palang ang binayad, magdadalawang taon na di parin nagbayad, gusto ko po sana malaman kung anu ang dapat ko gawin para magbayad sila...wala po ako masyadong alam tungkol sa bentahan ng lupa..

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2 Re: NEED LEGAL ADVISE on Tue May 12, 2015 3:15 am

Nka transfer nba ung title sa pangalan nila? Meron ba kaung written agreement na pinirmahan ? My patunay kba na 13k plng nabayad nila tulad ng listahan na may pirma nila? Dun nba cla nkatira? Pinatayuan ba nila ng bahay? Nag karoon nba nag pag uusap sa barangay?

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3 Re: NEED LEGAL ADVISE on Tue May 12, 2015 6:24 pm

carlyn101


Arresto Menor
di pa po na transfer, wla rin po kaming written agreement na pinirmahan, nung nagbayad pa sila me binibigay lang po akong Aknowledgement Receipt.
me pirma ko po at me pirma din ng nagbayad, dun na po sila nakitara at nagpatayo na ng bahay, ang usapan po namin isang bahay lang ngaun po dalawa. di po po kami ngkaharapan sa barangay.

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4 Re: NEED LEGAL ADVISE on Wed May 13, 2015 6:35 am

seanmathew13


Arresto Menor
Anu po kya dapat kng gawn kasi ung tita ng asawa ko eh binebenta sa amin ung house and lot nia and then i will pay her true pagibig and then she agree with it ,and the then i ask her if i can renovate the house even though d ko pa byad ang property and then she said ok, and now ci sa pagibg is done and me the tita of my wife had argue bec. Of the property bec time comng ngiiba na ung npgkasunduan , and bec of the argue she decided to not to sell it , but we already had a contract to sell , maari pa po ba nmng mkuha lht ng ngastos nmn umbt sa 200k un and we waste our time for it

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5 Re: NEED LEGAL ADVISE on Wed May 13, 2015 6:36 am

seanmathew13


Arresto Menor
Pls i need your help

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6 Re: NEED LEGAL ADVISE on Wed May 13, 2015 8:23 am

LandOwner12


Reclusion Perpetua
kung meron nang Contract, notarized ba yan?
ano na % ng bayaran? including yong renovation expenses?
nakasaad ba sa contract yong details, like installments, amounts.. etc..
legally, sya nag nagbreach of contract, but since nakapangalan pa rin sa kanya ang property, at di pa fully paid,,, sa kanya pa rin yon..
kung wla nang chance matuloy ang bentahan, pwede nyo reimburse ang payment, at nagastos, dapat merong black and white to, di pwedeng laway lang,,,,



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7 Re: NEED LEGAL ADVISE on Wed May 13, 2015 8:59 am

seanmathew13


Arresto Menor
Opo sa knya pa rn nkapangaln ,, and sya ung ngbreach of cntract ang skn po ok n kng di nia skn ibenta bsta mbawi ko pera n mga ngastos ko , mbabawi ko pa po kaya un

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8 Re: NEED LEGAL ADVISE on Wed May 13, 2015 9:00 am

seanmathew13


Arresto Menor
At ung contract of selling eh nka notarized un ,,,

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9 Re: NEED LEGAL ADVISE on Wed May 13, 2015 9:05 am

seanmathew13


Arresto Menor
Wala po kaming paper regardng with the renovation i made but there is a proof on my email that she agree with me that i can renovate the house

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10 Re: NEED LEGAL ADVISE on Wed May 13, 2015 9:43 am

seanmathew13


Arresto Menor
Wala po kaming paper regardng with the renovation i made but there is a proof on my email that she agree with me that i can renovate the house

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11 Re: NEED LEGAL ADVISE on Wed May 13, 2015 9:43 am

seanmathew13


Arresto Menor
Wala po kaming paper regardng with the renovation i made but there is a proof on my email that she agree with me that i can renovate the house

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12 Re: NEED LEGAL ADVISE on Wed May 13, 2015 9:52 am

LandOwner12


Reclusion Perpetua
i mean resibo ng amount ng renovation,,
kasi pag sinabi mong 100K, nagastos mo sa renovation...
ang next tanong, nasaan ang proof mo??, eh parang 20 K lang yan ah,,, ...
kasama yong labor dito, so yong payroll mo sa gumawa,,,,

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13 Re: NEED LEGAL ADVISE on Wed May 13, 2015 12:26 pm

seanmathew13


Arresto Menor
So pagmeron po lht ng un mbabawi nmn ang pera at pwde nmn syng obligadhng ibalik ung pera kasi sabi nia pagnbnta pa ung bhy saka nia kmi babayadan

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14 Re: NEED LEGAL ADVISE on Wed May 13, 2015 12:31 pm

LandOwner12


Reclusion Perpetua
obligado syang magbayad, at hindi terms nya ang masusunod,,
kasi sya ang nag breach, meron kayo right kung kelan, magkano ang ibabalik nya,, including pagod nyo,,,, pero tita nyo naman yan, at the end of the day, kayo kayo rin magdadamayan nyan, so konting intindihan na lang

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15 Re: NEED LEGAL ADVISE on Wed May 13, 2015 12:36 pm

seanmathew13


Arresto Menor
Medyo iba kasi ugali nia noong una npkagandang kausap patgl ng ptgl rh ng iba na ung usapan ... So we have the right against her kala nia kasi porke siya ung owner eh cya na masusunod kya we are so disapointed parang ng yari eh laro lng sa knya after all the efforts we have the done eh ganun mngyayari

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16 Re: NEED LEGAL ADVISE on Wed May 13, 2015 12:44 pm

LandOwner12


Reclusion Perpetua
regardless,,
nga pala, para me hawak na katibayan, pag-usapan nyo sa branggay, pero inform mo muna sya, sabihin mo lang para meron tagapamagitan, at di na naman maulit yong laban o bawi..

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17 Re: NEED LEGAL ADVISE on Wed May 13, 2015 12:57 pm

seanmathew13


Arresto Menor
So ung contract to sell n gnwa nmn eh cnsider n din breach of cntract , pincancel nia n sa pagibig jng transaction eh so wala n po tlgng bntahang magaganap

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18 Re: NEED LEGAL ADVISE on Wed May 13, 2015 12:57 pm

seanmathew13


Arresto Menor
Ang skn eh gsto kong mkuha lht lht ng gnstos k sa pagawa at pgaasikaso

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19 Re: NEED LEGAL ADVISE on Wed May 13, 2015 3:27 pm

ladyLSA


Arresto Menor
Hi,
I'm need of legal advice asap.
My husband and I bought a 2/5 parcel of lot (40sqm each) adjacent to my husband's family home.

His father is always in need of money due to gambling and always threaten us to sell the house if we will not lend him money.
He has unpaid 60,000 to us last 2013.
In 2014, he again needed money. In exchange of 50,000, he promised not to borrow money again and he will give the house to us if will be unable to pay his debt of 110,000 by Jan 2015. We made him and his wife signed an acknowledgement of debt and Deed of Donation.
Still, debt is unpaid and we are being threatened everytime he needs money
Now, his Father is in need of 200,000 threatening us that he already sold 1 of our lot and get the money for himself.

Data:
Lot 1: Family home
Lot 2: Ours
Lot 3: Ours (sold to a third party as per his father)
Lot 4 & 5 : other relatives

Conflicts:
1) What we only have is the notarized deed of sale (year 1990s).
2) No registration and transfer of title made.
3) He claimed to have the mother title which was supposed to be in the hands of another creditor whom he owed 10k.
4) Because we were young (but we were 18 already), the contracting parties were the owner and his father though it's our money.

Does he have the right to sell our property? What are our rights to the family home and our lot?
Will the sale be perfected without filing a case?

Additional data of his father that can be used if filing a case is necessary:
1) he has a mistress with children and another 4th party
2) he is into cockfight gambling
3) he is indebted to several people
4) he is not giving anything (financial, marital support, etc) to his wife

Please help. =(


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20 Re: NEED LEGAL ADVISE on Wed May 13, 2015 6:53 pm

LandOwner12


Reclusion Perpetua
balikan kita bukas, pagod ma me eh Wink

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21 Re: NEED LEGAL ADVISE on Wed May 13, 2015 9:28 pm

LandOwner12


Reclusion Perpetua
i got few questions..
1. undivided lot ito so kanino yong 4th and 5th share(kapatid hubby or other relative, or nabenta sa iba)?
2. san c mother? meron ba ibang kapatid hubby mo?
3. kasal ba inlaws? kanino property ang lot? currently, legally separated or hiwalay kulambo lang?


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22 Re: NEED LEGAL ADVISE on Wed May 13, 2015 10:19 pm

LandOwner12


Reclusion Perpetua
1. Family home- article 223 of the civil code, can not be forced sold... but article 235, can be sold but with consent of spouse and court.. can not be donated as long as there are heirs, but again, article 237, if legally separated/ annulled, this will not be family home anymore and can be sold, donated, etc,,,
until article 251, there are so many if's for the family home, so better read them...

2. ang ibang tanong after u answered my questions..

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23 Re: NEED LEGAL ADVISE on Thu May 14, 2015 9:22 am

ladyLSA


Arresto Menor
1. undivided lot ito so kanino yong 4th and 5th share(kapatid hubby or other relative, or nabenta sa iba)? - 4th & 5th -cousin ni father-in-law

2. san c mother? meron ba ibang kapatid hubby mo? - mother, sister-in-law (&her lived in partner) and us live in the family home

3. kasal ba inlaws? kanino property ang lot? currently, legally separated or hiwalay kulambo lang? - kasal, hiwalay kulambo lng haha - pumupunta lng sa haus 1-2 hrs para sa manok then he leaves and sleep in the 3rd party's haus

****
So, family home cannot be forced sold if:
a) kasal - check
b) not legally separated - check
c) with heirs living in the family home - check
d) mother do not want to sell - check

Question is: what about our lot that we paid in full ? lot 2 & 3?
Does he have the right to sell it against our will? And will it be binding?
a) it's adjacent to the family home
b) no registration and transfer of title
c) deed of sale - contracting parties are his father and owner
d) if 3rd party buyer will have knowledge of the situation (that it's not his father's property to sell),
will he be considered in bad faith making the contract not binding?

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24 Re: NEED LEGAL ADVISE on Thu May 14, 2015 10:14 am

LandOwner12


Reclusion Perpetua
1. 4th and 5th eh cousin, nasan ang share in sister in law? meron pa ibang property c father in law?
2. anong deed of sale yong C, sa 4th and 5th or sa 2nd and 3rd( from father to u, or from father to another party)

ask mother to file concubinage vs father, malakas laban nyo since don na sya nakatira sa kulasisi.

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25 Re: NEED LEGAL ADVISE on Thu May 14, 2015 11:11 am

ladyLSA


Arresto Menor
From owner to:
Lot 1: father (father-in-law) from owner
Lot 2: us, it's our money, (not kay father, pero name nya nka appear sa deed of sale) from owner
Lot 3: us, it's our money, (not kay father, pero name nya nka appear sa deed of sale) from owner
Lot 4: cousin from owner
Lot 5: cousin from owner
Si sister-in-law, no means kya walang owned/purchased property. She's pregnant now.
And, super bad.
If we only knew, we insisted na samin nkapangalan deed of sale.

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26 Re: NEED LEGAL ADVISE Today at 1:51 pm

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