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Sale of inherited real property between siblings

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ellenmac


Arresto Menor
Hi! My father and his 3 siblings inherited a property from their parents which were already transferred under their names. One of my uncle sold his share to their sister sometime in 2006. They had a deed of sale but unfortunately it was not notarized since my Aunt is based in the US and didn't think that it is necessary because they are siblings. Now, we are selling the property and the said deed of sale is not being honored by buyer. Is it really necessary to have it notarized? What are the consequences if my aunt have it notarized now (10 years after)?

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payoneer


Arresto Menor
ellenmac wrote:Hi! My father and his 3 siblings inherited a property from their parents which were already transferred under their names. One of my uncle sold his share to their sister sometime in 2006. They had a deed of sale but unfortunately it was not notarized since my Aunt is based in the US and didn't think that it is necessary because they are siblings. Now, we are selling the property and the said deed of sale is not being honored by buyer. Is it really necessary to have it notarized? What are the consequences if my aunt have it notarized now (10 years after)?  

Hi Ellenmac,

First off, any contract has to be notarized in order for it to bind (or apply) the world. Without this notarization, the contract is valid only as to the immediate parties - in your case, between your aunt and your uncle.

You cannot fault the buyer if he is weary of the validity of the sale between your uncle and aunt as the same was not notarized. As regards the consequences of not notarizing the sale, penalties from the BIR will be imposed since our tax code prescribes certain periods within which to settle the payment of taxes (Capital Gains and Doc Stamps).

A better way to push through with the sale may be had. Unfortunately, the facts your provided are insufficient. Please pm me for further discussions.

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3 Unauthorized Selling of Property on Wed Sep 07, 2016 1:12 pm

dee_mple84


Arresto Menor
My aunt sold our grandfather's properties without her siblings knowing it. My grandfather have 7 legitimate children by my grandmother in total, my mom included as the eldest but she has passed away many years ago. It was just this year that the second eldest discovered that properties have already been sold by sibling number 4. Tomorrow, sibling number 5 and 6 will confront sibling number 4. Sibling number 4 can deny but 5 and 6 have all the documents as evidence of the unauthorized selling.

It has been discovered that number 4 has been selling my grandfather's properties one by one over the years. As she was the SPA when the first property was sold in 1997, she had access to the other land titles and concealed this knowledge to the rest of the other siblings. My father passed away in the 80s by the way.

What do you think is the best solution to convince her to give back the inheritance to whom its due? What is the best approach so that she will cooperate? Do I get to have the same percentage of right as my deceased mother? Your response is highly appreciated. Many thanks in advance!

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Lunkan


Reclusion Perpetua
dee_mple84 wrote:My aunt sold our grandfather's properties without her siblings knowing it. My grandfather have 7 legitimate children by my grandmother in total, my mom included as the eldest but she has passed away many years ago. It was just this year that the second eldest discovered that properties have already been sold by sibling number 4. Tomorrow, sibling number 5 and 6 will confront sibling number 4. Sibling number 4 can deny but 5 and 6 have all the documents as evidence of the unauthorized selling.

It has been discovered that number 4 has been selling my grandfather's properties one by one over the years. As she was the SPA when the first property was sold in 1997, she had access to the other land titles and concealed this knowledge to the rest of the other siblings. My father passed away in the 80s by the way.

What do you think is the best solution to convince her to give back the inheritance to whom its due? What is the best approach so that she will cooperate? Do I get to have the same percentage of right as my deceased mother? Your response is highly appreciated. Many thanks in advance!
Your aunt can be told you will file a fraud case again her if she don't get her sibblings families what they are entitled too. Then she risk JAIL.
Has she enough assets LEFT from the sellings to give all others what you are entitled to? Otherwice she can't cover that, but in such case you can chose to agree to she give ALL she have plus a dept of the rest.

How come the sellings haven't been noticed before now? Aren't the buyers using the sold properties?

Is your goal to
get BACK (some of) the sold properties?
or just get your shares of the values?
or a combination of that?

Is there any document giving your aunt right to handle any selling?
If Yes, her crime is less, and you can't probably get back any property,
but you are still entitled to your shares.
If No, then your aunt have done big crimes, and the sellings are illegal, which add chance to get the sellings annuled. But if your aunt have make fraud to the buyers, then they can demand back the money they have paid. =From your shares too. Do you want any property back if you need to pay back the money or do you prefer not to? Same for all properties?

Is the inheritance split from your grandparents done proper?
If No, then that's needed too, to establish what each sibbling have right to. That process can be started parallell to other cases.

Some PUNISHMENT can be in place for your aunt too. IF she has MORE than to cover the other shares, then I suggest she has to pay a "fee". Has she paid taxes concerning these properties and/or paid improvemements?
If Yes, that can PERHAPS be enough punishment.
If you demand "to much" in your AUNT'S point of view, then it's biger risk though she will want it to go to court and risk jail - some people are stupid Smile and she seem so, because she didn't expect her crime will never be noticed !!! Better if you can get an agreement without court. Then you get your shares much faster.
I SUPPOUSE though the assets in question can be BLOCKED during the legal process if asking the court for that, so your aunt can't mess it up more.
(After the meeting with your aunt) HURRY to question the property sales if you want them back.

Inheritance is counted step by step, generation by generation. Each line get same UNDEPENDING of if the sibbling is alive still or not. So you - and your sibblings if you have any - inherit your father's share. That need an own Extrajuridical* process to establish who have right to what.

*I beleve it's named that.

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5 Unauthorized Selling of Property on Sat Sep 10, 2016 1:03 am

dee_mple84


Arresto Menor
Hello Lunkan! Appreciate your very prompt response. Below are my answers to your questions, sorry for my late response, I haven't got the chance to go online:


Has she enough assets LEFT from the sellings to give all others what you are entitled to? Answer: yes but I don;t think she will admit that.

How come the sellings haven't been noticed before now? Answer: Because she is residing near the locations of the property. The rest of her siblings are living afar.

Aren't the buyers using the sold properties? Answer: This I'm not sure about.

Is your goal to
get BACK (some of) the sold properties? yes
or just get your shares of the values? yes
or a combination of that? yes, if we can get everything equally the better

Is there any document giving your aunt right to handle any selling? Answer: she self proclaimed herself to be the "only heir" on one document as per sibling number 5.


but you are still entitled to your shares. Answer: We should be right?

If No, then your aunt have done big crimes, and the sellings are illegal, which add chance to get the sellings annuled. But if your aunt have make fraud to the buyers, then they can demand back the money they have paid. =From your shares too. Do you want any property back if you need to pay back the money or do you prefer not to? Same for all properties?Answer: We just wanted our share that's all. Not necessarily the properties but for what it was sold. We will be selling them anyway had we gotten them legally.

Is the inheritance split from your grandparents done proper? Answer: No

If No, then that's needed too, to establish what each sibbling have right to. That process can be started parallell to other cases.

Some PUNISHMENT can be in place for your aunt too. IF she has MORE than to cover the other shares, then I suggest she has to pay a "fee". Has she paid taxes concerning these properties and/or paid improvemements? Answer: Yes, that's the reason she was able to sell the properties

If Yes, that can PERHAPS be enough punishment.
If you demand "to much" in your AUNT'S point of view, then it's biger risk though she will want it to go to court and risk jail - some people are stupid Smile and she seem so, because she didn't expect her crime will never be noticed !!! Better if you can get an agreement without court. Then you get your shares much faster.
I SUPPOUSE though the assets in question can be BLOCKED during the legal process if asking the court for that, so your aunt can't mess it up more.
(After the meeting with your aunt) HURRY to question the property sales if you want them back.

Inheritance is counted step by step, generation by generation. Each line get same UNDEPENDING of if the sibbling is alive still or not. So you - and your sibblings if you have any - inherit your father's share. That need an own Extrajuridical* process to establish who have right to what.

*I beleve it's named that.

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Lunkan


Reclusion Perpetua
"Aren't the buyers using the sold properties? Answer: This I'm not sure about."
What type of properties are they? I mean living house, farming... ?

"Is there any document giving your aunt right to handle any selling? Answer: she self proclaimed herself to be the "only heir" on one document as per sibling number 5."
So fraud. Do you have access to that document? Or copy of it?

"but you are still entitled to your shares. Answer: We should be right?"
Yes of course. Even if the sibblings would have given her right to HANDLE the properties, you have right to your shares.

"We just wanted our share that's all. Not necessarily the properties but for what it was sold. "
Then it's much easier,
because you DON'T need to start cases for each property to get them back.
You need "only" to go after your aunt. Tell her you will file a big FRAUD case against her IF she don't agree to pay your shares. IF it go to court she risk JAIL. Ask her if she want that, if she don't agree to pay.
Fair would be you get INTEREST too since the properties were sold.
If needed a compromise can perhaos be she have to pay MOST now, plus dept notes at the rest, which she will have to pay interest at until it's paid. High enough interest so she WANT to pay as fast as possible, because otherwice she will delay paying...

"Is the inheritance split from your grandparents done proper? Answer: No"
Then you need to do that to show what each sibbling - or their hiers - are entitled to. I believe it's called "Extrajuridical process"..
Well. If your aunt pay anyway, then it isn't so important Smile although to make it legal you can need to pay some tax. But if you are lucky your aunt has paid the capital gain taxes at the property sales Laughing

" Has she paid taxes concerning these properties and/or paid improvemements? Answer: Yes, that's the reason she was able to sell the properties".
Well. That's ONE of the needed parts to sell properties legaly.
MISSING are:
/"Extrajuridical process"
/plus some document to "prove" your aunt had "right" to sell it.
If such are missing, then the sellings are NOT suppoused to be let through by the Deed of sales.
OR your aunt had made FALSE documents to cover that. IF so, your aunt have made ADDITIONAL SERIOUS CRIMES, which add chance your aunt agree to pay, if she isn't realy stupid...
Make sure she understand what she risk if she don't pay.

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dee_mple84


Arresto Menor
Thank you Lunkan. Very well said. I think you have answered my questions pretty clearly and I appreciate your responses.

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Lunkan


Reclusion Perpetua
Good Smile

If you want more material to scare your aunt Smile you can check how much jail time is possible for fraud (and falsification if she has done that) crimes. I don't know that, because I have read some laws just to know how to AVOID making crimes Smile
In contact with your aunt you can START with asking HOW the sales could be approved without the missing documents. (Because it's interesting to know if she has made false ones.)

If you haven't done that yet, I recomend you talk with her sibblings first. Better if you are united.

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dee_mple84


Arresto Menor
Yes I agree. Thank you Lunkan. You have helped a lot.

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Lunkan


Reclusion Perpetua
You are welcome

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dee_mple84


Arresto Menor
If ever Lunkan, where can we find your law office?

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Lunkan


Reclusion Perpetua
I'm not a lawyer (although I have handled many cases in my home country). I'm not in the Philippines now Smile
but I have studied Philippine laws some just for own use, preparing to settle there.

I don't know if PAO assist in such cases as yours. (Perhaps not the main, but the blocking?)

If your aunt don't agree, PERHAPS Barangay Captain handle such cases. If so it's much faster that court and can be handled without lawyer.
If your aunt don't agree, try to BLOCK her assets during the process so she don't waste them. I don't know how such are done.

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payoneer


Arresto Menor
Ms. Dee, you case is quite complicated. If I understand correctly, you said that several were properties left by your grandfather who died in the 80s. Despite his death, you said that your aunt was able to sell one property through an SPA way back 1997. Your aunt clearly had no right to do so as the SPA was already void and had no effect upon the death of your grandfather.

I agree with Sir Lunkan that there should be an extrajudicial settlement of the estate of your grandfather even at this late stage as this would be the only way to protect ALL remaining properties left by your grandfather.

I preparation for the extrajudicial settlement, you would need to find out if your aunt had in fact adjudicated unto herself the properties of your grandfather. Also, if you can, get certified true copies of the titles of the remaining properties of your grandfather if only to find out if said properties are still under your grandfather's name. You can "BLOCK" (as per Sir Lunkan) or at the very least, delay her from selling these properties by registering a claim or a notice to the remaining titles.

As for the property/ies that were sold, you have to determine whether the title/s to the same were already transferred to the name of the buyer. If so, I am afraid that an action for annulment of title would no longer be advisable as the same had already prescribed (10 year prescriptive period from date of registration with the RD).

In all, it is best to get the services of a lawyer for your case as almost all of the issues involved require legal action already.

Good luck with your endeavors.

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dee_mple84


Arresto Menor
Thank you very much for your response Payoneer. As per your advise, it sounds like we are on the losing end and I understand why and it is because it was discovered really late. The only way I think is to settle amicably. This aunt of mine should give back whatever's due to us regardless if the properties cannot be nulled and voided. That should be her problem. Sad

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Lunkan


Reclusion Perpetua
dee_mple84 wrote:Thank you very much for your response Payoneer. As per your advise, it sounds like we are on the losing end and I understand why and it is because it was discovered really late. The only way I think is to settle amicably. This aunt of mine should give back whatever's due to us regardless if the properties cannot be nulled and voided. That should be her problem. Sad
Yes. Go for the aunt, because it's she who has done wrong, not the buyer.

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