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Legal Heirs and law of succession.

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1 Legal Heirs and law of succession. on Sun May 15, 2016 6:14 pm

michaellea14344


Arresto Menor
share ko po ang problem namin dito sa family.
Facts: kay lolo nakapangalan ang titulo dito sa lupa. sa 6 na anak niya, isa na lang ang buhay. wala po siyang ginawang will. 4 sa mga kapatid ni daddy, binagay nila kay daddy yung right dito sa lupa pero by word lang.
daddy ko ang nagpagawa ng bahay. nung 2013 namatay po siya intestate. wala po siyang ginawang will.
illegitimate children po kame, 5 po kameng magkakapatid.
yung mga anak ng tito ko, ipinaglalaban nila na may karapatan daw sila dito. daddy ko ang nagpagawa at nagpaayos dito sa bahay.
question: may karapatan po ang mga pinsan ko dito sa bahay? o lupa lang ang may karapatan nila?
anu po ang legal remedy? pwede ba namin silang kasuhan o paalisin dito?
salamat sa mga sasagot po

-michael

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2 Re: Legal Heirs and law of succession. on Sun May 15, 2016 7:33 pm

Lunkan


Reclusion Perpetua
(My Tagalog is bad so I didn't understand some.)
If there is a will, then max 1/4 of what the assets THAT dead person had can be moved elsewhere than the following.
When BOTH parents are dead, then the children get EQUAL share UNDEPENDING of they are alive or dead. Exception: Illigetamate children get HALF of what children born inside marriage get.
If a child dies before the parents, then the hiering is counted as if the child was alive still =The child's hiers get their part anyway.

So as usual when there are many hiers, it's a big mess Smile many have right to a small part...
When it's a property hard to splt, then it's best if it can be solved by negotiations.
(Some can want to sell whole. Or it can be solved by one buy out the others. Or one RENT and the others get their part of the rent.)

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3 Re: Legal Heirs and law of succession. on Sun May 15, 2016 8:25 pm

michaellea14344


Arresto Menor
ang ibig pong sabihin may karapatan ang mga pinsan ko dito sa lupa...pero yung daddy ko po pinagawa niya itong 4 floor so pwede na makihati sila? tita ko na lang po yung buhay.

thanks po

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4 Re: Legal Heirs and law of succession. on Mon May 16, 2016 12:48 am

Lunkan


Reclusion Perpetua
michaellea14344 wrote:ang ibig pong sabihin may karapatan ang mga pinsan ko dito sa lupa...pero yung daddy ko po pinagawa niya itong 4 floor so pwede na makihati sila? tita ko na lang po yung buhay.

thanks po
But your father can't decide over the other's shares, because the property isn't in his name.
If I understand, you have spend much at the building. That give you MORAL right to more, but law sometimes don't follow moral... Sad
That's why not spend much money at a property before you have documents telling it belong to you...

SUGGEST for your cousins the sharing your father said and see if they accept.

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5 Re: Legal Heirs and law of succession. on Mon May 16, 2016 6:52 am

michaellea14344


Arresto Menor
yun nga po ang problema. hanggang ngayun di namin alam bakit hindi ginawa ni daddy na ipangalan sa kanya ang lupa at bahay samantalang siya ang nagpatayo nitong building. pinaghirapan niya po ito. samantala itong mga pinsan ko insist nila na may karapatan sila, hhhmmm so mayroon nga silang karapatan... ang pwede po bang remedy dito, kakausapin namin yung tita ko na buhay pa tapos mag waive siya ng right para mapunta samin ang lupa? pwede po ba yun?
thanks po

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6 Re: Legal Heirs and law of succession. on Mon May 16, 2016 7:39 am

Lunkan


Reclusion Perpetua
michaellea14344 wrote:yun nga po ang problema. hanggang ngayun di namin alam bakit hindi ginawa ni daddy na ipangalan sa kanya ang lupa at bahay samantalang siya ang nagpatayo nitong building. pinaghirapan niya po ito. samantala itong mga pinsan ko insist nila na may karapatan sila, hhhmmm so mayroon nga silang karapatan... ang pwede po bang remedy dito, kakausapin namin yung tita ko na buhay pa tapos mag waive siya ng right para mapunta samin ang lupa? pwede po ba yun?
thanks po
I read mainly tax and business laws, so I don't know much about inheritance, but your aunt can sign she don't claim (part of) her inheritance as for instance the house. Make sure you get it in writing, so you don't lose it when your aunt die.
The aunt you are talking about is she mother to the cousins you are talking about?
Cousins DON'T have any right before their parents die, except if the parents let them get it or let them get access.

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7 Re: Legal Heirs and law of succession. on Mon May 16, 2016 4:19 pm

michaellea14344


Arresto Menor
tita ko po na kapatid ni daddy ang buhay pa. si tito totoy patay na po, tapos mga anak niya kasama namin dito sa bahay. may hindi po ako maintindihan? ang sabi ng tita ko hati hati daw kameng mag pinsan dito sa bahay...pero daddy ko nagpagawa nitong building...4th floor ito ibig po bang sabihin nun sa 4 na floor pwede sila pumuli kung san nila gusto o sa lupa lang ang parte nila? pasensya po magulo po
o first floor lang sila pwede? thanks po

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8 Re: Legal Heirs and law of succession. on Mon May 16, 2016 5:14 pm

Lunkan


Reclusion Perpetua
michaellea14344 wrote:tita ko po na kapatid ni daddy ang buhay pa. si tito totoy patay na po, tapos mga anak niya kasama namin dito sa bahay. may hindi po ako maintindihan? ang sabi ng tita ko hati hati daw kameng mag pinsan dito sa bahay...pero daddy ko nagpagawa nitong building...4th floor ito ibig po bang sabihin nun sa 4 na floor pwede sila pumuli kung san nila gusto o sa lupa lang ang parte nila? pasensya po magulo po
o first floor lang sila pwede? thanks po
If I understand corect, your father's is NOT the only owner at the DOCUMENTS. That's the problem. NOW when the hier parent to the cousins are still alive the cousins don't have right to demand anything yet. So you need to solve the documents before your aunt die, because THEN can the cousins start DEMANDING Sad

Solution ideas:
1. Your father BUY OUT his sibblings from the property (or at least the part with the house,. and get his name ALONE on the title.
2. If your father can't buy them out, the sibblings will perhaps agree if they get a document saying the 4th floor is theirs. (Owning OR using right.)
3. Or a combination of p2 document and buying out money.

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9 Re: Legal Heirs and law of succession. on Mon May 16, 2016 5:50 pm

michaellea14344


Arresto Menor
My father is already dead, he died on May 2014. He died intestate meaning he died without leaving a will.
My father is a lawyer by profession. I'am having a hard time thinking WHY he didn't transfer the title to his name. Bakit hindi inayos ni daddy ang mga bagay bagay nung nabubuhay pa siya.
My father was not able to buy shares to his siblings.
can i ask what provision in the law that states that "property(building) vs land in terms of value, which is higher"
thanks po sir kahit papaano nababawasan lungkot ko

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10 Re: Legal Heirs and law of succession. on Mon May 16, 2016 8:59 pm

Lunkan


Reclusion Perpetua
Oh your father is dead allready.

Yes odd a lawyer didn't solve the documents before start building. But perhaps he thought it would be no problem, because it's family.
But if it's no problem with them, who are owners now (as you aunt) then try to solve it now BEFORE the unfaor cousins get any right to demand anything.

Couldn't buy out the others because of
they didn't want to
or because didn't have money? But he did spend money at the house...

"can i ask what provision in the law that states that "property(building) vs land in terms of value, which is higher""
It depend of location and building. Sometimes the land is more worth, sometimes the building.
But that's irrelevant when owners are same to all.

(In theory owner of land and owner of building on it can be different (=building on leased land)
BUT then the building CAN'T be used as collateral if wanting to borrow, so in many cases that's a BAD solution.)

By the documents aren't in order, you will have to make all the other owners agree to a solution to get it solved somehow.

One more solution idea:
Asuming the land is TITLED, you can use the property as collateral to get a loan to buy out the others.
With property as collateral are interests much lower than what's common for other loans in the Philippines. Around 10 percent per YEAR. But count proper before doing this so you can pay in time, so you don't risk losing it by Foreclosure.
Then your cousins can pay you RENT for the 4th floor Smile to assist you paying the loan.

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11 Re: Legal Heirs and law of succession. on Tue May 17, 2016 7:53 am

michaellea14344


Arresto Menor
Now i need to go to a lawyer and ask questions personally because there are so many terms that i'am not familiar. Thanks you so much Sir Lunkan. I will researched, seek knowledge and believe in God that everything will be okey. Thanks Sir!

-Michael

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12 Re: Legal Heirs and law of succession. on Tue May 17, 2016 3:10 pm

Lunkan


Reclusion Perpetua
michaellea14344 wrote:Now i need to go to a lawyer and ask questions personally because there are so many terms that i'am not familiar. Thanks you so much Sir Lunkan. I will researched, seek knowledge and believe in God that everything will be okey. Thanks Sir!

-Michael
You are welcome.

You can discus with the other owners - your cousins DON'T belong to them - what they want to let you become owner at the documents.
Then you best let a lawyer make so the documents are compleete. (It's a combination of documents:
/You owning the property,
/the transfer needed to make you owner
/and if you have promised more than the transfer show, then you need a document for that too so the others agree.

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