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Free Legal Advice Philippines » FREE LEGAL ADVICE » OTHERS » article 1004, NCC (collateral relatives)

article 1004, NCC (collateral relatives)

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1 article 1004, NCC (collateral relatives) on Wed Jan 12, 2011 9:24 pm

jnelinav


Arresto Menor
Is the waiver of a brother with children of all his shares from his deceased brother and sister both unmarried in favor of a surviving sister valid?

Please enlighten me on this issue of waiver. thanks!

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2 Re: article 1004, NCC (collateral relatives) on Sat Jan 15, 2011 11:05 am

attyLLL


moderator
with no other facts, i would believe yes it is valid. i am not sure of the tax implications though. it may be construed as a donation. if i remember correctly, the brother should just make a general waiver not one in favor of the sister so that he will not be liable for donor's tax.


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3 Re: article 1004, NCC (collateral relatives) on Tue Jan 18, 2011 8:32 pm

jnelinav


Arresto Menor
details on issue of waiver under article 1004, NCC as follows:

East, West, North and South are siblings and co-owners of an undivided property from their parents. East and West died without issue . North and South are both married with children. Before South died, North executed a generally waiver of all his shares from East and West in favor of South and limited his share only to 1/4 of the common property. May North do so to the prejudice of his compulsory heirs? If the waiver is valid, are there available remedies on part of his heirs?

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4 Re: article 1004, NCC (collateral relatives) on Thu Jan 20, 2011 8:34 pm

attyLLL


moderator
is this your exam in succession???


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5 Re: article 1004, NCC (collateral relatives) on Tue Jan 25, 2011 6:28 pm

jnelinav


Arresto Menor
no, it's a concern by a friend who seeks advice. thanks

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6 Re: article 1004, NCC (collateral relatives) on Thu Jan 27, 2011 6:52 pm

attyLLL


moderator
sorry, i can't find my copy of jottings, but i believe he can rightfully waive that.


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7 Re: article 1004, NCC (collateral relatives) on Tue Mar 08, 2011 8:50 pm

jnelinav


Arresto Menor
Which court or body in the Philippines has jurisdiction in cases for violation of Section 13 of RA 9653?

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8 Lessor violating section 13 of RA 9653 on Tue Mar 08, 2011 8:53 pm

jnelinav


Arresto Menor
Which court or body in the Philippines has jurisdiction in cases for violation of Section 13 of RA 9653?

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9 Re: article 1004, NCC (collateral relatives) on Wed Mar 09, 2011 5:43 pm

attyLLL


moderator
after the prosecutor's office finds probable cause, it will be the MTC who will have jurisdiction


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