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Grandfathers' Property

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1 Grandfathers' Property on Wed Jan 06, 2016 1:46 pm


Arresto Menor
Hello, heto po ang sitwasyon namin. Yung lolo ko ang nakapangalan sa titulo, kung saan nakasaad na kasal siya sa lola ko. Nagkaroon sila ng 5 anak na ang panganay ay yung tatay ko.
Nung yumao na ang grandparents ko, hindi sila nagiwan ng will. Kaya ginamit ng mga tito, tita at ama ko yung lupa kahit na nakapangalan parin to sa lolo ko. Di nagtagal, namatay na din yun 3 sa magkakapatid, kabilang ang tatay ko.

Ang tanong ko po sana eh may karapatan ba ako sa lupa ng lolo ko (bilang apo) at equal po ba siya sa rights ng tito at tita ko? Gusto na kasing hatiin yung titulo sa mga surviving descendants.

Salamat po!

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2 Re: Grandfathers' Property on Wed Jan 06, 2016 7:32 pm


Reclusion Perpetua
You don't tell what the wills say, if they move any of the property to an other line of the sibblings at your father's level. Only a minor part of the asset VALUES can be moved to other persons anyway. the big part is regulated by law. (Depending of situation, but it's common only around 1/4 of the ASSETS TOTAL value can be moved to other, but perhaps your line got (biger part) of the LAND?)
(Except if wills statute else) the hiers can agree to move parts of the inheritance between themselves, exchanging who get what. It's also possible land can be moved to one line of the sibblings by the other lines are COMPENSATED somehow.
Dead uncles and aunts are normaly inherited by THEIR lines (wife, kids, grandkids) but in some cases even without wills can sibblings and their kids inherit part or whole.

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3 Re: Grandfathers' Property on Wed Jan 06, 2016 7:46 pm


Arresto Menor
Hi Lunkan,

I'm sorry but I'm having a bit of problem understanding your reply, but thank you for answering nonetheless! I'll try to explain the situation further.

There is no will. Just a land title in which only may grandfather's name is indicated. At the moment, the land is separated right in the middle. They cut the original house in half ( like a scene from a cartoon to be honest ) , one part went to my aunt and uncle (the last surviving siblings) and the other half went to my father and his family (us).

After my father passed away, I want to do a major construction on OUR side of the property. But I'm worried about spending all that money without knowing if the land is legally ours. In the end, other people might claim ownership.

My follow up question is: can I ask my Aunt and Uncle to SPLIT the title and name me as the land owner of our side of the property? Is this even possible? Thanks!

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4 Re: Grandfathers' Property on Wed Jan 06, 2016 9:13 pm


Reclusion Perpetua
Oh I missunderstood. My Tagalog is bad Smile I thought it was a buyer, who want to buy whole.

It's possible to split the property into two titles, BUT then I believe it need a SURVEY and such cost more.

Perhaps an alternative:
Do your aunt and uncle have any kids/spouse? IF not, you can buy their part but with a paragraph saying they can live there until they die.
Such solution don't cost much to government.

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