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i bought my car but registered it under my fathers name

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allancons


Arresto Menor
hi po,
 i just have a question lang regarding my properties(e.g.car and a land).binili ko po ang land and registered its title under my mom's name and yung trooper naman po under my dad's name. dahil wala ako dyan, my mom insisted na ipangalan muna sa kanila ang property and car para hindi sila mahirapan on legal processes like registrations etc. at first they said hindi naman daw nila pagiinteresan ang pundar ko but now,they're telling me na sa kanila nadaw yun dahil sa kanila nakapangalan and its under they're conjugal property, tama ba sinasabi nila? does that count as their conjugal property kung ako ang nagbayad. is there a way to own it back, kinausap ko cla and told them na hindi ko naman kukunin o ibebenta ang mga yun dahil para yun sa mga kids ko but they resented me. i have 2 siblings and am only worried na sa kanila nila ipasa ang mga properties ko o ibenta nila. can you help me pls ?

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betchay001


Prision Mayor
That is unfortunate but ownership is shown by registration, so you will have a difficult time proving the properties are yours.

Is there any way to own it back?  Execution of Deed of Absolute Sale is an option, but it would mean that you're buying something that you actually paid for.  

Talk to your parents. Appeal to their sense of fairness.  As you have said, you have assured them that all that will go to their grandchildren.  I wish you good luck.

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allancons


Arresto Menor
hi ,
  can that really be classified as conjugal if they didn't even spent a cent to buy it? am thinking will it work if i'll just get my father to sign a last will to say that the car and property
will be given to me after him. am not really goin to take it from them to be honest coz am here abroad,all am worried about is when time comes that my dad pass , am sure my mother will own it as she is selfish and money hungry, same with my siblings , will that last will work , can  my mother and siblings contest against it ?

thank you for your quick response and time,appreciate it.

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betchay001


Prision Mayor
Yes, if your father passes on, then his heirs will inherit. Even if he executes a will saying something to that effect, we have compulsory heirs here in the Phils - his properties will be divided equally amongst you.

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allancons


Arresto Menor
hi,sorry just went online today. so how does that work, those land that i bought and car will be shared to my siblings , is there any go-around ?

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technified_ex


Prision Correccional
The subject property will be part of your parents property since the registration is in their names as explained by bechay.

How does it work? Its automatic, since our laws protect legitimes of legal heirs, the property of your parents will go to their sons and daughters.

is there any go-around? its a long shot, very difficult to prove, since registration in once name is tantamount to ownership. As bechay said, appeal to the senses of your parents.

The long shot, prove that it is actually you who brought the property and there is no way or possibility that your parents can bought the subject property.

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Lunkan


Reclusion Perpetua
betchay001 wrote:Yes, if your father passes on, then his heirs will inherit.  Even if he executes a will saying something to that effect, we have compulsory heirs here in the Phils - his properties will be divided equally amongst you.
Yes. Most of the property is divided automatic between ALL hiers. You can only get a SMALL part EXTRA by your father make a will.
(I believe in your case you get 1/12 automatic, and can get additional 2/12 by will from father = maximum 3/12 = 1/4. Your mother will have bigest part.)
So you better try to solve this during your parents are alive.
If you manage to solve this by "buying" or gift, you will have to pay extra tax and fee anyway for the transfer.

So there are problems with puting property in wrong name.

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allancons


Arresto Menor
look,it never crossed my mind that my own parents will do this to me. to prove that its me who bought the car, i can ,coz i still have contact with the guy whom i bought it ,we made the transaction at a bdo bank, only thing is i paid in cash , and my parents don't have the capacity to buy the car and house because they both don't have a job since day 1 that i bought the car and land. as for wealth,none,neither side, so is that a good point to prove that they did'nt spent a cent to buy those assets. its disappointing to say that i've been supporting them on everything that they want and my siblings don't even bother about them and now , am the one thats being stripped off my properties.

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Lunkan


Reclusion Perpetua
allancons wrote:look,it never crossed my mind that my own parents will do this to me. to prove that its me who bought the car, i can ,coz i still have contact with the guy whom i bought it ,we made the transaction at a bdo bank, only thing is  i paid in cash , and my parents don't have the capacity to buy the car and house because they both don't have a job since day 1 that i bought the car and land. as for wealth,none,neither side, so is that a good point to prove that they did'nt spent a cent to buy those assets. its disappointing to say that i've been supporting them on everything that they want and my siblings don't even bother about them and now , am the one thats being stripped off my properties.  
Yes, very disapointing and unfair.
But even without that, it would be some problems by puting things in their name:
1. EXTRA fees and taxes by the step through parents, because that's an EXTRA step than direct.
2. Inheritance laws.

Perhaps you will winn if you make a case of it. What do your parents say about they kind of force you to start a case, IF they don't give your things to you?

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allancons


Arresto Menor
haven't gotten there yet , tommorow is my flight back to manila,i only spoke to them 3 months ago during my last trip there. i'll try to talk them out again about it,problem is,am only gonna be there for a week, if ever ,what could be a best document for them to sign that i can use as a proof in the future when i have enough time to transfer the titles, that is if they submit and agree but if not , what initial action i can do to prevent them from selling my property and car?
i actually found out last week that they leased out my property without even telling me, and they collect the money out of it.

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Lunkan


Reclusion Perpetua
allancons wrote:haven't gotten there yet , tommorow is my flight back to manila,i only spoke to them 3 months ago during my last trip there. i'll try to talk them out again about it,problem is,am only gonna be there for a week, if ever ,what could be a best document for them to sign that i can use as a proof in the future when i have enough time to transfer the titles, that is if they submit and agree but if not , what initial action i can do to prevent them from selling my property and car?
  i actually found out last week that they leased out my property without even telling me, and they collect the money out of it.
Others can better what the documents are called. (I BELIEVE "Deeds of Sale" for the house.)

The Register can work during you are abroad Smile if you give them the documents before you leave.

The red marked make me believe they want to scam you and don't agree volontaringly to give you back your property...
As I wrote in an earlier post I would talk with them about they can FORCE you to file a case against them if they don't agree.
If you want, to let them save face some, you can in SAME discussion suggest they GET something for the signing. For instance they can get
/use right of your car until you come back (but THEY pay if they break it)
/let the rent out go on until close before you move home, let your parents keep the rent money minus the EXTRA costs for it being rent out instead of empty, and perhaps minus property tax, "because they are caretaker of the rent out".
But LOOK UP so the tennant don't get right to stay when you get home too.

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centro


Reclusion Perpetua
Many lessons from this case with complicated implications. Consider who pays the annual property tax and the annual LTO registration for future references and the holder of the purchasing receipts and registration.



Last edited by centro on Mon Apr 11, 2016 5:21 pm; edited 1 time in total

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allancons


Arresto Menor
i've already spoken to them and no luck,still the same. they're owning my car and my property.
now i am convinced, your blood has no weight when greed gets in,my very own parents is a real testimony of such scenario.

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ador


Prision Mayor
would it have made a difference if allancons had a notarized document saying that although the registation and title are in his parent's name, it is in fact his? this question is for everybody because it seems that I have a similar situation..

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allancons


Arresto Menor
just to update , i've tried again to speak to them but i still get the same result, they won't give me back my car and property. That property is my backup to payoff my other property that i've bought
which has now been forclosed by the developer since i've been behind my payment. i've lost half million pesos only because of them holding back the sale of my other property. so if anyone is out there reading this thread, think about who you trust , in my case, this are my own parents that i've trusted, but still, they betrayed me and took everything that i've saved for the future of my kids. now its clear to me, family is never a family when it comes to greed .

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