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property na pamana may case re loan

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1 property na pamana may case re loan on Sat Jun 11, 2016 1:15 am

kimryujin


Arresto Menor
hi... i just want to ask what if i inherited a property from my in Laws.. i have a lot title with my in law's signature but there's no sign from the judge.. instead, they put a mark at the back that says the property has a case . will it be considered as my property legally?
someone wants to seize this property because the person (in law) whom i inherited this property was a guarantor to a loan made by her own daughter who was not able to pay the loan. what is the best thing to do? please answer may laban po ba dito?

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2 Re: property na pamana may case re loan on Sat Jun 11, 2016 10:38 am

Lunkan


Reclusion Perpetua
Do you mean you KNOW the case depend of lender of the unpaid loan the daughter have?
Otherwice an other reason can be someone claim they are hier of (part of) the property. That's rather common. Isn't it the daughter claining it? if she hasn't inherit much other, because spouse and children have legal right to most, only a minority part of the total assets can be given to someone else by will.
Or perhaps the case mark is just no one question the inheritance but the legal handling isn't done yet?

If it's about the unpaid loan, and if you want to keep the property, it can be solved by you cover the demand costs made by the unpaid loan. But start a discussion with the lender, because perhaps he can be satisfied with less if he don't need to go to court. But if so, make sure you get a document saying the claim is withdrawn by you are paying.

In general titles aren't transfered as long as there are unpaid depts as loans or unpaid tax.

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3 Re: property na pamana may case re loan on Sat Jun 11, 2016 4:39 pm

abbyatty16


Arresto Menor
You cannot inherit the property from your in-laws. Kung buhay po ang asawa nyo (na anak po ng in-laws nyo) siya po ang maginherit kasama ng iba niyang mga kapatid, hindi po kayo. Kung ang sinasabi nyo naman ay ibinigay sa inyo yan ng mga in-laws nyo either as a devise or by way of donation, ay medyo po masalimuot pa rin na usapan kung sakali pong may anak pa sila at ibang tagapagmana katulad ng apo o magulang.


Kung tungkol naman po sa naka annotate sa likod ng titulo, dahil ang property po ay namortgage as security sa loan. Kung sakali po na foreclosed na siya dahil sa hindi nabayaran na utang, your in-laws, assignees or successors-in-interest have 1 year from registration of date of sale para po bayaran ang utang, interest at iba pang charges para po mapacancel ang mortgage. Asssuming lang na kayo na po ang may karapatan ngayon sa property, kayo po ang pwedeng tumubos sa lupa pero paglagpas po nyang period na yan ay wala na po kayo karapatan sa property o tubusin pa ito unless ay beforehand ay makapag file kayo ng kaso against na may basehan. You should consult a lawyer for that.

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4 Re: property na pamana may case re loan on Sat Jun 11, 2016 6:14 pm

Lunkan


Reclusion Perpetua
abbyatty16 wrote:You cannot inherit the property from your in-laws
That's corect in almost all cases,
but it's possible IF it's by will and a small enough part of the total assets. (I believe it's max 1/4 of total assets, if both parents-in-law are dead.)

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5 Re: property na pamana may case re loan on Sat Jun 11, 2016 9:25 pm

abbyatty16


Arresto Menor

I believe you are referring to a legacy or devise which a decedent/testator can leave to a person or group of decedent's choice (there are some exceptions, of course) through a will. For me kasi, I call that a gift, not an inheritance. Maybe I am wrong on this, though.

Regardless if it is called a gift or inheritance, however, I agree 1/4 of the net estate ang free portion na pwede idispose through a will but it's per testator so hindi naman kailangan both parents-in-law ang namatay.

Here, devise ang property under consideration since it is a real property but, again, that is assuming na may will na naiwan ang in-law/s. As I said in my post, though, medyo masalimuot din yan because hindi naman din pwede maimpair ang legitime, let alone totally madeprive ang heirs of the in-law/s of their legitime or inheritance. As such, the presence or existence of the heirs should also be taken into account and since we are assuming that there is a will, kailangan pa i-probate ang will, which is quite a tedious process.

At any rate, yung asawa or apo naman (kung wala na ang asawa) ay makakapagmana sa in-laws so sila ang makakakuha ng "share of the pie" or even the entire estate kung wala ng ibang kahati but as I recall, may anak pa na iba -- yung nagsanla ng property.

Marami pa ibang legal issues here na pwedeng magexist depending on the confluence of facts and circumstances so it would be better for the thread starter to consult a lawyer, specially since encumbered din yung property. For now, though ang first and most important thing to accomplish is the redemption of the property, if still possible.

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6 Re: property na pamana may case re loan on Sat Jun 11, 2016 9:40 pm

Lunkan


Reclusion Perpetua
abbyatty16 wrote:
I believe you are referring to a legacy or devise which a decedent/testator can leave to a person or group of decedent's choice (there are some exceptions, of course) through a will. For me kasi, I call that a gift, not an inheritance.
I believe it's in the Philippines too
a gift when the old owner is alive when it's handed over
and inheritance when it's handed over when the old owner dies.

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