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MOA upon Death. Nullified or Next of Kin

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1 MOA upon Death. Nullified or Next of Kin on Wed Jun 29, 2016 6:41 pm

Migui


Arresto Menor
Hi LEGAL ADVICE team,

Need your expert advice.

Here's the scenario - a MOA was signed among 4 siblings for division of a property that is still on Mother Title, no Extra Judicial Partition, unpaid taxes.

Unfortunately, 1 of them died.

1. Does the MOA carry on/continues to serve its purpose or is it nullified upon the death of 1 participant?
2. Does the responsibility (monetary) automatically goes to next of kin (his kids)?
3. and most importantly, If the MOA deems to be unfair to other participants, can those participants contest the said MOA before going to the process of getting (EJP) and paying the taxes and finally getting the clean title.

Property info:
The geographical location of the property is divided into 2 (4kms away from the other).
Highway worth 40m (4 hectares)
highlands worth 4m (4 hectares)

Inadvertently, the MOA states that each participant gains equal share of land, without realizing the value. 2 party got the Highway Area and the other 2 got the Highlands. The price discrepancy is at 1:10 ratio which ultimately leads me to this question:

Can I contest the said MOA given that the price difference is so lopsided and the fact that 1 participant has died, still on Mother Title, no extrajudicial partition, unpaid taxes?

I know its safe to assume that Mutual Talks serves as the best solution but if the other party does not agree, I would like to know if I can contest this MOA.

Thank you for your response.

-Migs

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2 Re: MOA upon Death. Nullified or Next of Kin on Wed Jun 29, 2016 8:17 pm

Lunkan


Reclusion Perpetua
I don't know the main question,
but a coment to this:
Migui wrote: Property info:
The geographical location of the property is divided into 2 (4kms away from the other).
Highway worth 40m (4 hectares)
highlands worth 4m (4 hectares)
??? How come you believe it's worth that much? Or is it in Metro Manila?
In province owners are HAPPY if they can sell the highland part for 400 000 - 600 000p for 4 hektares.
Just a few years ago it became "rush" home by people living elsewhere owning earlier not sellable land when they heared a company bought much land in their home province, happy to sell when the company offered 4p/sqm... (=160 000p total for 4 ha.)

The land beside the highway is much harder to value, because it depend of many factors, so PERHAPS is the PROPORTION 1:10 corect anyway.

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3 Re: MOA upon Death. Nullified or Next of Kin on Wed Jun 29, 2016 8:35 pm

Migui


Arresto Menor
Metro Davao. We had it surveyed. I'm talking about it's zonal value, not even the selling price. The newly built coal plant in front of the highway and the conversion of classification from agricultural to industrial made the Highway jumped it's price. To be honest, 1k/sq m for an industrial highway lot is still rather cheap considering that it's basically across the sea w/c passed the qualities to construct a port.

The main question was, a MOA(memorandum of agreement) was made to split the land equally among 4 parties. 1 of the party died, and the fact that the property was not divided by it's actual value, main question is, can the MOA be null/void and or be contestable? Smile

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4 Re: MOA upon Death. Nullified or Next of Kin on Thu Jun 30, 2016 12:47 am

Lunkan


Reclusion Perpetua
Migui wrote:Metro Davao. We had it surveyed. I'm talking about it's zonal value, not even the selling price. The newly built coal plant in front of the highway and the conversion of classification from agricultural to industrial made the Highway jumped it's price. To be honest, 1k/sq m for an industrial highway lot is still rather cheap considering that it's basically across the sea w/c passed the qualities to construct a port.
I see. So it isn't only "highway land" it's Industrial. Then I guess the difference is biger than 1:10.

Isn't the highland down there CHEAPER because of it's guerila around? Smile
I looked at "highland land" in a bit north of Davao in Agusan del Sur, there was land WITH much grown forest for sale very for MUCH less than 1 mill per hektare.
Migui wrote: The main question was, a MOA(memorandum of agreement) was made to split the land equally among 4 parties. 1 of the party died, and the fact that the property was not divided by it's actual value, main question is, can the MOA be null/void and or be contestable? Smile
Was the reclassification to Industrial KNOWN so the valueing was WRONG when the deal was made?
Otherwice I asume there are no legal reason to break the deal.

Compare: Even very bad lease contracts follow the LAND UNDEPENDING if owner change (e g by inheritance.)

But I hope someone else can answer better Smile

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