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Question/s on Inherited Property

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1 Question/s on Inherited Property on Sun Jan 31, 2016 12:57 am

Renz94


Arresto Menor
Hello po. I would just like to ask a few questions regarding inherited property.

My grandparents died, leaving their ancestral house without a will. I say ancestral dahil bahay nila yun nung mga bata pa sila, pero it hasn't been used for years until my mom occupied it. My mother used the house as our tindahan way back in 2006. Wala naman angal yung mga aunties and uncles ko. My mom made some major repairs to it, and had a garage and a cottage built dun sa lupa. Ngayon, yung uncle ko (na eldest at lawyer pa - tho not in practice na) ay pinalayas yung mama ko from the premises, with threats and everything, and made it his. Siyempre tinanggal rin yung tindahan namin. Now, my uncle is renting out the house to some other people.

Questions:
1. With no will to that specific property, my mom and her siblings becomes co-owners of the property diba?
- If my mom plans to buy the shares nung ibang kapatid, in what form or instrument po ilalagay signifying the binbebenta nila yung share nila?
- What if ayaw po nila ibenta, what other methods/legal procedures ang pwede gawin ng mama ko if she wants to acquire the property?
- May bearing po ba kung walang titulo yung bahay at lupa?


2. Silang magkakapatid ay of old age na, 6 out of 8 nalang po sa kanila ang buhay. Do the spouses of the deceased siblings and my cousins get the share dun sa property?
- If NO, at tanging silang magkakapatid lang talaga ang maghahatian, at between the siblings isa na lang ang natira, does that automatically make the remaining sibling the sole owmer?
- If all of them die at di parin settled kung sino ang owner, what would that entail sa mga spouses at sa aming magpipinsan?




3. What happens dun sa mga major repairs at infrastructures na pinagawa ng mama ko?
- If all siblings consent to selling it to outsiders, can my mom get a higher share sa proceeds as reimursement for the repairs and infrastructures built?
- If the property is sold, at sabihin ng uncle ko na lawyer that he gets half of the proceeds, pwede po ba yun?

4. Will my mom need to get the consent of the other siblings sa paggamit nung property? Or sapat na ang pagiging co-owner?
- If sapat na, what legal remedies can my mom do against the siblings na ayaw ipagamit? (tho yung uncle ko lang naman talaga ang may ayaw)
- If sapat na, can my uncle rent it out and make the income his? Pwede ba namin paalisin yung kasalukuyang nag-re-rent?
- Is my mom's usage as a tindahan ENTIRELY DIFFERENT from my uncle renting it out?


Thank you in advance!

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2 Re: Question/s on Inherited Property on Sun Jan 31, 2016 7:34 am

Lunkan


Reclusion Perpetua
(I asume your grandmother is dead too.)
Each of their children inherit SAME share of the property UNDEPENDING of they are alive or dead. When someone of them is dead as for instance your father, then wife and children inherit your father's share.

So what your uncle does is wrong.

p3. It make SENCE paid repairs are compensated, but I don't know if the law force that.
Your mother has got SOME compensation though during the years she used it without paying any lease (?) to the others.
OR has she paid the others anything similar to rent? IF so PERHAPS she can have some RIGHTS similiar to what TENNANTS have. IF so your uncle have done that error too Smile

If you can't get a compromise you find ok, speak with the Barangay Captain for assistance. Good if you can get any any of the other sibblings to your father supporting your oppinion, before you go to there.

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3 Re: Question/s on Inherited Property on Sun Jan 31, 2016 3:30 pm

gvaetax


Arresto Menor
Q1. yes - co-owners

- quit claim in favour of our mom
- consider subdividing it? ask the current occupant to rent it and claim her 1/8 share.
- check who owns the land with the register of deeds.. no bearing in sharing of inheritance

Q2. Yes. 1/8 each and their children equal share to their parent's share

- no.. still 1/8 each dead or alive...
- its not based on who lives the longest... as above 1/8 each

Q3 Major repair offset vs 7/8 of reasonable amount of rent over your mom's occupancy.. the balance ask for repayment.
- see above.. or your mom could buy out the others 7/8
- no.. see above

Q4. Consent is required .. get it in writing

- your uncle's right is only 1/8 just like your mom's ... i dont know if majority rule s in this instance of co owned property... ask a lawyer. Philippino style is that the eldest are abusive and behaves like the crown prince...

- you mom better get a lawyer to sort out this inheritance and if she s really keen to buy get the others to sign a quit claim to her favour after paying them their 1/8 each share.

- Your uncle does not have the right to just lord it over the rest and take over the property without compensating the other heirs.. He is just abusing his being the eldest... traditionally the eldest is respected as the head of the clan and end up abusing the younger siblings.. I suggest you hire a lawyer gather all the willing siblings and let the lawyer explain to them the law. .. hope to settle this amicably and civil cases move snail speed and lawyers rake up most of it.. negotiate for capped legal fees ...



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