I'll tell the a short story first.
My grandfather was a retired soldier in Barangay Cembo, Makati City. As a soldier there is a Marcos Law back then that a soldier can acquire a land with a maximum of 300sq meters, the problem is there is another law made by Marcos back then regarding the Guadalupe Bliss settlements and my grandpas land was covered ( hindi lahat, not entirely but the Majority was covered). That what the DENR Survey shows but the truth is he owned more than 300sq meters and give the remaining land to my 3 Titas who already have married back late 80s and 90s.( wala pang titulo nung binigay )
Looking at the land survey by the DENR
87 sq meters can be titled but my Grandpa died without even registering the land for a Title ( di pa natituluhan, Wala pang Titulo, No last Will also )
195 sq meters was covered by the Guadalupe Bliss, now under Home Guaranty Corporation (HGC), that what the DENR told us when we inquire if we can have the land Titled.
Now my Tita ( the one who already have a land given by my Lolo) is filing a Complaint for Partition and she also included in the complaint the 195 sq. meters, she said Grandpa have the rights on the land even though we know that is not possible because Estate or the Government owned it thru HGC
My question is it possible that the 195sq meters can be included in the Complaint for Parition or the 87 sq. meters only? Also the 87 sq. meters doesn't have a Title yet, is this also possible for Partition?
We are not agreeing on terms because we know Grandpa already gave them land even though the survey shows their names on it.
Currently my Papa and us his families, with my 2 Tito/Titas are residing on the 195 sq.meters. My Tito Junior is the one residing now on the 87sq. meters.( old house of my Grand Parents). So that's makes 4 siblings. We don't want the land to be partitioned as much as possible.
In short and tagalog
ung 87 sq.meters ay di pa titulado, survey under my Lolo's name valid ba to maisama sa partition?
ung 195 sq.meters ay pag aari ng gobyerno, valid ba to na maisama sa partition? may rights daw si Lolo? heh
Gusto sana naming maavoid ung partition lalo na dun sa 195sq. meters.